§ 92.04. HOUSING EXCEPTIONS.  


Latest version.
  • (A) The provisions of this chapter, which prohibit discriminatory housing practices, other than the prohibition of discriminatory advertising, shall not apply:
    (1) To the rental or lease of any housing accommodations in a building which contains not more than two families living independently of each other, if the owner or a member of his or her family resides in one of the housing accommodations;
    (2) To the rental of one room or one rooming unit in a housing accommodation by an owner if he or she or a member of his or her family resides therein;
    (3) To a religious organization, association, or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, lease, rental, occupancy, assignment, or sublease of housing accommodation which it owns or operates for other than commercial purposes to persons of the same religion, or from giving preference to those persons, unless membership in the religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodging to its members or form giving preference to its members.
    (4) To a private individual homeowner disposing of his or her property through private sale without the aid of any real estate operator, broker, or salesperson and without advertising or public display except that attorneys, escrow agents, abstractors, title companies, and other professional assistance may be utilized as necessary to perfect or transfer the title.
    (B) Nothing in this chapter shall require a real estate operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation.
    (C) Nothing in this section shall limit the applicability of any reasonable local, state, or federal restriction regarding the maximum number of occupants permitted to occupy a housing accommodation. No provision in the chapter regarding familial status shall apply with respect to “housing for older persons,” as defined in the Federal Fair Housing Act, 42 U.S.C. 3607.
    (D) Nothing in this section prohibits conduct against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) or KRS Chapter 218A.
    (1994 Jeff. Code, § 92.04) (Jeff. Ord. 36-1999, adopted and effective 10-12-1999) (1999 Lou. Code, § 98.04) (Lou. Ord. No. 0088-2001, 2, approved 8-16-2001; Lou. Metro Am. Ord. No. 193-2004, approved 12-10-2004)