344.010 Definitions for chapter.
953 words·~4 min read·
/ky/chapter-344/344-010A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this chapter:
(1)"Person" includes one
(1)or more individuals, labor organizations, joint
apprenticeship committees, partnerships, associations, corporations, legal
representatives, mutual companies, joint-stock companies, trusts, unincorporated
organizations, trustees, trustees in bankruptcy, fiduciaries, receivers, or other legal
or commercial entity; the state, any of its political or civil subdivisions or agencies.
(2)"Commission" means the Kentucky Commission on Human Rights.
(3)"Commissioner" means a member of the commission.
(4)"Disability" means, with respect to an individual:
(a)A physical or mental impairment that substantially limits one
(1)or more of
the major life activities of the individual;
(b)A record of such an impairment; or
(c)Being regarded as having such an impairment.
Persons with current or past controlled substances abuse or alcohol abuse problems
and persons excluded from coverage by the Americans with Disabilities Act of
1990 (P.L. 101-336) shall be excluded from this section.
(5)"Discrimination" means any direct or indirect act or practice of exclusion,
distinction, restriction, segregation, limitation, refusal, denial, or any other act or
practice of differentiation or preference in the treatment of a person or persons, or
the aiding, abetting, inciting, coercing, or compelling thereof made unlawful under
this chapter.
(6)"Real property" includes buildings, structures, real estate, lands, tenements,
leaseholds, cooperatives, condominiums, and hereditaments, corporeal and
incorporeal, or any interest in the above.
(7)"Housing accommodations" includes improved and unimproved property and
means any building, structure, lot or portion thereof, which is used or occupied, or
is intended, arranged, or designed to be used or occupied as the home or residence
of one
(1)or more families, and any vacant land which is offered for sale or lease
for the construction or location thereon of any such building or structure.
(8)"Real estate operator" means any individual or combination of individuals, labor
organizations, joint apprenticeship committees, partnerships, associations,
corporations, legal representatives, mutual companies, joint-stock companies, trusts,
unincorporated organizations, trustees in bankruptcy, receivers, or other legal or
commercial entity, the county, or any of its agencies, that is engaged in the business
of selling, purchasing, exchanging, renting, or leasing real estate, or the
improvements thereon, including options, or that derives income, in whole or in
part, from the sale, purchase, exchange, rental, or lease of real estate; or an
individual employed by or acting on behalf of any of these.
(9)"Real estate broker" or "real estate salesman" means any individual, whether
licensed or not, who, on behalf of others, for a fee, commission, salary, or other
valuable consideration, or who with the intention or expectation of receiving or
collecting the same, lists, sells, purchases, exchanges, rents, or leases real estate, or
the improvements thereon, including options, or who negotiates or attempts to
negotiate on behalf of others such an activity; or who advertises or holds himself
out as engaged in these activities; or who negotiates or attempts to negotiate on
behalf of others a loan secured by mortgage or other encumbrance upon a transfer
of real estate, or who is engaged in the business of charging an advance fee or
contracting for collection of a fee in connection with a contract whereby he
undertakes to promote the sale, purchase, exchange, rental, or lease of real estate
through its listing in a publication issued primarily for this purpose; or any person
employed by or acting on behalf of any of these.
(10)"Financial institution" means bank, banking organization, mortgage company,
insurance company, or other lender to whom application is made for financial
assistance for the purchase, lease, acquisition, construction, rehabilitation, repair,
maintenance, or improvement of real property, or an individual employed by or
acting on behalf of any of these.
(11)"Licensing agency" means any public or private organization which has as one
of its duties the issuing of licenses or the setting of standards which an individual
must hold or must meet as a condition to practicing a particular trade or profession
or to obtaining certain employment within the state or as a condition to competing
effectively with an individual who does hold a license or meet the standards.
(12)"Credit transaction" shall mean any open or closed end credit transaction whether in
the nature of a loan, retail installment transaction, credit card issue or charge, or
otherwise, and whether for personal or for business purposes, in which a service,
finance, or interest charge is imposed, or which provides for repayment in
scheduled payments, when such credit is extended in the course of the regular
course of any trade or commerce, including but not limited to transactions by banks,
savings and loan associations, or other financial lending institutions of whatever
nature, stock brokers, or by a merchant or mercantile establishment which as part of
its ordinary business permits or provides that payment for purchases of property or
services therefrom may be deferred.
(13)"To rent" means to lease, to sublease, to let, or otherwise to grant for a
consideration the right to occupy premises not owned by the occupant.
(14)"Family" includes a single individual.
(a)"Familial status" means one
(1)or more individuals who have not attained the
age of eighteen
(18)years and are domiciled with:
1. A parent or another person having legal custody of the individual or
individuals; or
2. The designee of a parent or other person having custody, with the
written permission of the parent or other person.
(b)The protection afforded against discrimination on the basis of familial status
shall apply to any person who is pregnant or is in the process of securing legal
custody of any individual who has not attained the age of eighteen
(18)years.
(16)"Discriminatory housing practice" means an act that is unlawful under KRS
344.360, 344.367, 344.370, 344.380, or 344.680.