Kentucky Tenant Rights: Familial Status Discrimination Explained

In Kentucky, renters are protected against discrimination based on familial status under both federal and state laws. If you rent or are looking to rent a home and face different treatment because you have children or are pregnant, it's important to know your rights. This guide explains key protections for tenants, relevant laws, complaint procedures, and official resources in Kentucky.

What Is Familial Status Discrimination?

Familial status discrimination means treating people unfairly in housing because they have children under 18, are pregnant, or are seeking custody of a child. Examples include refusing to rent to families with kids, imposing special rules or fees only on those with children, or advertising "adults only" for rental units.

These actions violate the federal Fair Housing Act and Kentucky's fair housing laws.

Legal Protections for Renters in Kentucky

Both federal law and the Kentucky Fair Housing Act protect renters from being treated differently because of familial status. This applies to most types of housing, including apartments, single-family homes, and mobile homes—though there are limited exceptions.

• Landlords cannot refuse to rent, evict, or set different terms (like higher security deposits) for tenants with children.
• It is also illegal to steer renters with children to certain areas of a property or restrict their access to amenities.
• Advertisements for "adults only" or "no children" rentals are prohibited.

Some senior housing communities that meet specific legal requirements may be exempt. If you are unsure, you can contact the Kentucky Commission on Human Rights for more information.

Filing a Familial Status Discrimination Complaint in Kentucky

If you believe you have experienced familial status discrimination, you have the right to file a complaint.

Where to File

• Kentucky Commission on Human Rights (KCHR)
• U.S. Department of Housing and Urban Development (HUD)

Official Complaint Form

• Kentucky Commission on Human Rights Housing Discrimination Complaint Form (No form number) – File Housing Complaint Online
  • When and How to Use: Use this form if you experience any form of discrimination (such as being denied a rental due to having children). Complete the form online through the KCHR website. Example: If your landlord refuses your rental application because you have kids, you can fill out this online complaint form immediately.
• HUD Form 903 Online Complaint – Submit HUD Housing Discrimination Complaint
  • When and How to Use: Use if you want to file a complaint at the federal level. The form guides you step-by-step, and you can attach supporting documents. For example, if you receive a discriminatory rental ad or written denial, submit these with your complaint.

Process Overview

• You may file with either agency, but KCHR handles most local cases. Both processes are free.
• There are strict time limits: usually within one year of the alleged discrimination.

If you aren't sure if your experience counts as discrimination, reach out to the Kentucky Commission on Human Rights for free advice before filing a formal complaint.

What Happens After You File?

After you submit your complaint, the agency will review your case. They may contact you for more information or evidence. If your complaint moves forward, the agency will investigate and try to resolve the situation. This may include mediation, a formal hearing, or legal orders to stop discriminatory practices and provide compensation if appropriate.

The Kentucky Commission on Human Rights is the main agency in the state that enforces fair housing laws for renters (learn more about their procedures).

Your Rights under Kentucky and Federal Law

• You have equal access to housing regardless of your family structure.
• Landlords cannot set different rental terms or rules for households with children.
• It is illegal for landlords to retaliate against you for filing a discrimination complaint.

The primary law governing tenant rights and rental properties in Kentucky is the Kentucky Revised Statutes Chapter 383 (commonly referred to as the Kentucky Landlord-Tenant Act), while fair housing claims are handled under the Kentucky Fair Housing Act.^[1][2]

FAQ: Familial Status Discrimination in Kentucky Rentals

1. What should I do if I believe I was denied housing due to having children?
   You can file a complaint with the Kentucky Commission on Human Rights or HUD using their official forms. Keep any written communications or advertisements as proof.
2. Can a landlord set higher rents or deposits for families with children?
   No. Charging different amounts or applying stricter rules because you have children is illegal under Kentucky and federal fair housing laws.
3. Are there any exceptions for housing that excludes children?
   Yes, some senior living communities for residents aged 55+ may have legal exemptions. However, most rental housing cannot refuse tenants based on familial status.
4. How long do I have to file a discrimination complaint?
   You must file within one year of the discriminatory act to KCHR or HUD. Acting quickly helps protect your rights.
5. Will my landlord know that I filed a complaint?
   If a formal investigation takes place, your landlord will be notified, but it is illegal for them to retaliate against you for exercising your rights.

Need Help? Resources for Renters

• Kentucky Commission on Human Rights (KCHR) – Main agency for housing discrimination complaints. Phone: (502) 595-4024
• HUD Kentucky Fair Housing Information
• HUD Fair Housing and Equal Opportunity Office
• Kentucky Housing Corporation – Housing programs and resources for renters

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^[1] Kentucky Revised Statutes Chapter 383 – Kentucky Landlord-Tenant Law.
^[2] Kentucky Fair Housing Act (KRS 344).
^[3] Federal Fair Housing Act – HUD.

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