KRS § 344.010 — KY Code / Title XXVII / Chapter 344 / Section 344.010
344.010 Definitions for chapter
Status: in_force

344.010 Definitions for chapter.

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 (1)

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.

(15) (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.