344.660 Damages and injunctive relief available.

234 words·~1 min read·/ky/chapter-344/344-660

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)In a civil action under KRS 344.650, if the Circuit Court finds that a discriminatory

housing practice has occurred or is about to occur, the Circuit Court may award to

the plaintiff actual and punitive damages, and subject to subsection

(3)of this

section, may grant as relief, as the court deems appropriate any permanent or

temporary injunction, restraining order, or other order including an order enjoining

the defendant from engaging in the practice or ordering affirmative action as

appropriate.

(2)In a civil action under KRS 344.240, 344.650, or 344.665, the court, in its

discretion, may award the prevailing complainant, a reasonable attorneys' fee and

costs. The court, in its discretion, may award the prevailing respondent a reasonable

attorneys' fee and costs if the respondent establishes that the complaint upon which

the action was based was brought in bad faith. Whether a party has committed bad

faith shall be determined in accordance with Rule 11 of the Kentucky Rules of Civil

Procedure. The state shall not be liable in any event for fees and costs.

(3)However, no relief provided under this section shall effect any contract, sale,

encumbrance, or lease consummated before the granting of that relief, and involving

a bona fide purchaser, encumbrancer, or tenant, without actual notice of the filing of

the complaint of a discriminatory housing practice complaint with the commission

or the filing of a civil action.