Kentucky Statutes 344.665 – Institution of civil actions by commission or Attorney General — Powers of court
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(1) The commission or the Attorney General may file a civil action in Circuit Court for appropriate relief if the commission or Attorney General has probable cause to believe that:
(a) Any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by this chapter; or
(b) Any group of persons has been denied any housing right granted by this chapter and the denial raises an issue of general public importance; or
(c) Any state or local zoning or land use law is a discriminatory housing practice.
The action shall be brought within eighteen (18) months of the occurrence or termination of the alleged discriminatory practice; or
(d) A conciliation agreement has been breached.
The action shall be brought within ninety (90) days of the commission or Attorney
General receiving notice of the breach. (2) In an action under this section, the court:
(a) May award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation to assure the full enjoyment of the rights granted by this chapter;
(b) May award other appropriate relief, including compensatory and punitive damages;
(c) May award a reasonable attorney’s fee and costs to the prevailing party to the same extent allowed in KRS § 344.660. The state shall not be liable in any event for fees and costs; and
(d) May, to vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed:
1. Fifty thousand dollars ($50,000) for a first violation; and
2. One hundred thousand dollars ($100,000) for a second or subsequent violation.
(e) A person may intervene in an action under this section if the person is:
1. An aggrieved person to the discriminatory housing practice; or
2. A party to a conciliation agreement concerning the discriminatory housing practice.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 282, sec. 31, effective July 14, 1992.
(a) Any person or group of persons is engaged in a pattern or practice of resistance to the full enjoyment of any housing right granted by this chapter; or
Terms Used In Kentucky Statutes 344.665
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Attorney: means attorney-at-law. See Kentucky Statutes 446.010
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Any group of persons has been denied any housing right granted by this chapter and the denial raises an issue of general public importance; or
(c) Any state or local zoning or land use law is a discriminatory housing practice.
The action shall be brought within eighteen (18) months of the occurrence or termination of the alleged discriminatory practice; or
(d) A conciliation agreement has been breached.
The action shall be brought within ninety (90) days of the commission or Attorney
General receiving notice of the breach. (2) In an action under this section, the court:
(a) May award preventive relief, including a permanent or temporary injunction, restraining order, or other order against the person responsible for a violation to assure the full enjoyment of the rights granted by this chapter;
(b) May award other appropriate relief, including compensatory and punitive damages;
(c) May award a reasonable attorney’s fee and costs to the prevailing party to the same extent allowed in KRS § 344.660. The state shall not be liable in any event for fees and costs; and
(d) May, to vindicate the public interest, assess a civil penalty against the respondent in an amount that does not exceed:
1. Fifty thousand dollars ($50,000) for a first violation; and
2. One hundred thousand dollars ($100,000) for a second or subsequent violation.
(e) A person may intervene in an action under this section if the person is:
1. An aggrieved person to the discriminatory housing practice; or
2. A party to a conciliation agreement concerning the discriminatory housing practice.
Effective: July 14, 1992
History: Created 1992 Ky. Acts ch. 282, sec. 31, effective July 14, 1992.