Fair Housing Act Complaint - Kentucky

FAIR HOUSING ACT COMPLAINT — KENTUCKY

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Kentucky Civil Rights Act (KRS § 344.360)
6. Count II — Federal Fair Housing Act (42 U.S.C. § 3604, § 3617)
7. Count III — Reasonable Accommodation / Modification (Disability)
8. Damages
9. Prayer for Relief
10. Demand for Jury Trial
11. Verification
12. Signature and Service
13. Certificate of Service
14. Kentucky Practice Notes
15. Sources and References

1. CAPTION

COMMONWEALTH OF KENTUCKY

[________________________________] CIRCUIT COURT

DIVISION [____]

CIVIL ACTION NO. [________________________________]

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

1. Unlawful Housing Discrimination in Violation of the Kentucky Civil Rights Act (KRS § 344.360);
2. Violation of the Federal Fair Housing Act (42 U.S.C. § 3604, § 3617); and
3. Failure to Make Reasonable Accommodation / Permit Reasonable Modification (KRS § 344.367; 42 U.S.C. § 3604(f)).

JURY TRIAL DEMANDED

Plaintiff, by and through undersigned counsel, alleges as follows:

2. PARTIES

2.1. Plaintiff. Plaintiff [PLAINTIFF NAME] ("Plaintiff") is, and at all relevant times has been, a resident of [CITY, COUNTY], Kentucky. Plaintiff is a member of one or more classes protected by KRS § 344.360 and the federal Fair Housing Act, specifically [PROTECTED CLASS(ES)].

2.2. Defendant Owner / Landlord. Defendant [DEFENDANT NAME] ("Defendant" or "[SHORT NAME]") is a [real estate operator / owner / landlord / property management company / real estate broker] that, at all relevant times, owned, operated, managed, or controlled the dwelling located at [PROPERTY ADDRESS] and is subject to KRS § 344.360 and 42 U.S.C. § 3604.

2.3. Individual Defendant. Defendant [INDIVIDUAL DEFENDANT NAME] is sued individually and in their capacity as a [manager / leasing agent / employee / agent] of Defendant [SHORT NAME], acting within the course and scope of that agency.

2.4. The Subject Dwelling. The dwelling at issue is [ADDRESS], a "dwelling" within the meaning of KRS § 344.010 and 42 U.S.C. § 3602(b), and is not exempt under KRS § 344.362 or 42 U.S.C. § 3603(b).

3. JURISDICTION AND VENUE

3.1. This Court has subject-matter jurisdiction under KRS § 23A.010 and a private right of action under KRS § 344.450, § 344.650, and § 344.660.

3.2. This Court has concurrent jurisdiction over the parallel federal Fair Housing Act claims under 42 U.S.C. § 3613(a), which authorizes suit in any "appropriate" state or federal court.

3.3. Venue is proper in [________________________________] County because the unlawful housing practices occurred there and the subject dwelling is located there. KRS § 452.460; KRS § 452.480.

3.4. Administrative election.

☐ Plaintiff has elected to proceed directly by civil action under KRS § 344.450 / § 344.650 and has not filed an administrative complaint on this grievance.

☐ Plaintiff filed an administrative complaint with the Kentucky Commission on Human Rights on [__/__/____] (Charge No. [____]), which has been [dismissed / withdrawn / closed], and now proceeds in this Court.

3.5. As to the federal Fair Housing Act counts, Plaintiff brings this action within two (2) years of the occurrence or termination of the discriminatory housing practice as required by 42 U.S.C. § 3613(a)(1)(A).

4. FACTUAL ALLEGATIONS

4.1. On or about [__/__/____], Plaintiff [applied to rent / sought to purchase / resided in / sought to renew a lease for] the dwelling at [PROPERTY ADDRESS].

4.2. Plaintiff is a member of the following protected class(es): [e.g., race (___), color, religion, sex, familial status (household includes children under 18 / pregnant), disability (___), national origin (___)].

4.3. At all relevant times, Plaintiff was qualified and able to meet the lawful, non-discriminatory terms of the transaction (including the financial terms).

4.4. Discriminatory practice(s). Defendant engaged in one or more of the following unlawful housing practices because of Plaintiff's protected class:

☐ Refused to sell, rent, lease, or negotiate, or otherwise denied or withheld the dwelling (KRS § 344.360(1), (3), (4));

☐ Imposed discriminatory terms, conditions, or privileges, or discriminatory services or facilities (KRS § 344.360(2));

☐ Made, printed, circulated, posted, or mailed a discriminatory statement, advertisement, sign, application, or record of inquiry (KRS § 344.360(6));

☐ Represented that the dwelling was unavailable for inspection, sale, rental, or lease when it was in fact available, or refused to permit inspection (KRS § 344.360(5));

☐ Steered Plaintiff toward or away from particular dwellings or neighborhoods;

☐ Refused a reasonable accommodation in rules, policies, practices, or services, or refused to permit a reasonable modification (KRS § 344.367; 42 U.S.C. § 3604(f)(3));

☐ Subjected Plaintiff to harassment or a hostile housing environment because of a protected class;

☐ Coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff's exercise of fair housing rights (42 U.S.C. § 3617);

☐ Other state- or locally-protected basis: [DESCRIBE — e.g., a Louisville Metro / Lexington-Fayette local fair housing ordinance that adds sexual orientation, gender identity, or other classes beyond KRS § 344.360].

4.5. Specific facts. [Set out a chronological, particularized account: who said or did what, on what date(s), with what words, before what witnesses, and how similarly situated persons outside Plaintiff's protected class were treated more favorably.]

4.6. [If applicable — comparator/tester evidence: Similarly situated [applicants / tenants] outside Plaintiff's protected class were [shown units / quoted lower rents / approved] under materially identical circumstances.]

4.7. Defendant's stated reason for the adverse housing action, if any, is pretextual; the true motivating reason was Plaintiff's protected class.

4.8. As a direct and proximate result, Plaintiff suffered the harms described in Section 8.

5. COUNT I — KENTUCKY CIVIL RIGHTS ACT (KRS § 344.360)

5.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

5.2. KRS § 344.360 makes it an unlawful housing practice for a real estate operator, broker, salesperson, or any person acting on their behalf to refuse to sell, rent, or lease, or otherwise deny or withhold a dwelling, or to discriminate in the terms, conditions, privileges, services, or facilities of a housing transaction, because of race, color, religion, sex, familial status, disability, or national origin.

5.3. Defendant committed one or more of the unlawful housing practices identified in Paragraph 4.4 because of Plaintiff's protected class, in violation of KRS § 344.360.

5.4. Defendant's conduct was intentional, willful, and/or in reckless disregard of Plaintiff's rights under the Kentucky Civil Rights Act.

5.5. Plaintiff is entitled to actual and punitive damages, injunctive relief, costs, and reasonable attorney fees under KRS § 344.450 and § 344.660.

6. COUNT II — FEDERAL FAIR HOUSING ACT (42 U.S.C. § 3604, § 3617)

6.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

6.2. The federal Fair Housing Act, 42 U.S.C. § 3604, prohibits discrimination in the sale or rental of, or otherwise making unavailable or denying, a dwelling because of race, color, religion, sex, familial status, national origin, or disability, and prohibits discriminatory terms, conditions, privileges, statements, and representations.

6.3. Defendant's conduct described in Paragraph 4.4 violated 42 U.S.C. § 3604 (and § 3604(f) as to disability).

6.4. To the extent Defendant coerced, intimidated, threatened, retaliated against, or interfered with Plaintiff (or anyone aiding Plaintiff) in the exercise of fair housing rights, Defendant violated 42 U.S.C. § 3617.

6.5. Discriminatory intent may be shown directly or through disparate treatment; a discriminatory effect (disparate impact) is also actionable. See Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015).

6.6. Plaintiff is entitled to actual and punitive damages, injunctive relief, costs, and reasonable attorney fees under 42 U.S.C. § 3613(c).

7. COUNT III — REASONABLE ACCOMMODATION / MODIFICATION (DISABILITY)

7.1. Plaintiff incorporates Paragraphs 2.1 through 4.8 as though fully set forth.

7.2. Plaintiff is a person with a disability within the meaning of KRS § 344.010 and 42 U.S.C. § 3602(h), specifically [DESCRIBE IMPAIRMENT AND MAJOR LIFE ACTIVITY AFFECTED].

7.3. On or about [__/__/____], Plaintiff requested the following:

☐ Reasonable accommodation (a change in rules, policies, practices, or services): [DESCRIBE — e.g., assistance animal as exception to a no-pets policy; designated accessible parking; acceptance of a housing subsidy in calculating ability to pay];

☐ Reasonable modification (a physical alteration to the premises): [DESCRIBE — e.g., grab bars, ramp, widened doorway].

7.4. The requested accommodation/modification was necessary to afford Plaintiff an equal opportunity to use and enjoy the dwelling and was reasonable.

7.5. Defendant [denied the request / failed to respond / imposed unreasonable conditions / failed to engage in the interactive process], in violation of KRS § 344.367 and 42 U.S.C. § 3604(f)(3)(A)–(B).

7.6. As a direct and proximate result, Plaintiff suffered the harms described in Section 8.

8. DAMAGES

8.1. Actual / compensatory damages: out-of-pocket losses, increased housing costs, moving and storage costs, lost housing opportunity, and other consequential pecuniary losses, in amounts to be proven at trial.

8.2. Emotional distress damages: humiliation, embarrassment, anxiety, loss of dignity, and mental anguish.

8.3. Punitive damages: Defendant's conduct was intentional, malicious, or in reckless or callous disregard of Plaintiff's federally and state-protected rights, warranting punitive damages under KRS § 344.660(1) and 42 U.S.C. § 3613(c)(1).

8.4. Injunctive and affirmative relief: an order enjoining further discrimination and directing Defendant to make the dwelling (or a substantially identical one) available, to adopt non-discriminatory policies, and to undergo fair housing training.

8.5. Civil penalties: Plaintiff reserves the right to pursue civil penalties available in administrative or government-enforcement proceedings under 42 U.S.C. § 3612(g)(3) and § 3614(d)(1)(C).

8.6. Attorney fees and costs: under KRS § 344.450, KRS § 344.660(2), and 42 U.S.C. § 3613(c)(2).

8.7. Pre- and post-judgment interest as allowed by law.

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

• A. Enter judgment that Defendant violated the Kentucky Civil Rights Act (KRS § 344.360) and the federal Fair Housing Act (42 U.S.C. § 3604, § 3617);
• B. Award actual and compensatory damages, including emotional distress damages, according to proof;
• C. Award punitive damages under KRS § 344.660 and 42 U.S.C. § 3613(c);
• D. Grant permanent injunctive and affirmative relief, including non-discriminatory policies and fair housing training;
• E. Award reasonable attorney fees and costs under KRS § 344.450, § 344.660, and 42 U.S.C. § 3613(c)(2);
• F. Award pre- and post-judgment interest; and
• G. Grant such other and further relief as is just and proper.

10. DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all issues so triable as a matter of right. CR 38.01; 42 U.S.C. § 3613(c).

11. VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the Commonwealth of Kentucky that I am the Plaintiff in this action, that I have read the foregoing Complaint, and that the factual statements therein are true and correct to the best of my knowledge, information, and belief.

Executed on [__/__/____] at [CITY], Kentucky.

[________________________________]

[PLAINTIFF NAME]

12. SIGNATURE AND SERVICE

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], KBA No. [______]

Counsel for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [__________]

Email: [__________]

13. CERTIFICATE OF SERVICE

I certify that on [__/__/____] a true and correct copy of the foregoing was served on the following by [method — Kentucky Court of Justice eFiling / certified mail / personal service per CR 4 and CR 5]:

[NAME AND ADDRESS OF EACH PARTY OR COUNSEL SERVED]

[________________________________]

[ATTORNEY NAME]

14. KENTUCKY PRACTICE NOTES

• Enforcing agency. The Kentucky Commission on Human Rights (KCHR) administers the Kentucky Civil Rights Act and has a HUD work-sharing relationship. Housing complaints may also be filed with HUD or the Kentucky Fair Housing Council.
• Protected classes (state). KRS § 344.360 tracks the federal seven: race, color, religion, sex, familial status, disability, and national origin. The KCRA does not add sexual orientation or gender identity as standalone statewide housing classes; however, several Kentucky municipalities — including Louisville Metro and Lexington-Fayette — have local fair-housing ordinances ("fairness ordinances") that add sexual orientation and gender identity. Plead a local-ordinance count where the property sits in a covered jurisdiction.
• Administrative charge vs. court suit (state). A complainant may file with the KCHR within 180 days of the discriminatory act (KRS § 344.200), or elect a direct civil action in Circuit Court (KRS § 344.450; KRS § 344.650/§ 344.660 for housing). The routes are generally exclusive of one another under KRS § 344.270 — once a final administrative determination is made on the merits, the same grievance cannot be relitigated in court, and vice versa. The Circuit Court action under KRS § 344.450 carries a two-year statute of limitations (measured from the discriminatory act).
• State remedies. KRS § 344.660 authorizes actual and punitive damages, injunctive and affirmative relief, and attorney fees and costs in housing actions; KRS § 344.450 independently provides actual damages, costs, and attorney fees. The KCRA imposes no statutory cap on compensatory damages.
• Federal route and limitations. Under the federal FHA, an aggrieved person may file a HUD administrative complaint within one (1) year (42 U.S.C. § 3610(a)) and/or file a private civil action within two (2) years of the occurrence or termination of the practice (42 U.S.C. § 3613(a)). Federal remedies include actual and punitive damages and attorney fees (§ 3613(c)); HUD/DOJ enforcement can yield civil penalties (§ 3612(g)(3); § 3614(d)(1)(C)).
• Removal exposure. Including federal FHA counts creates federal-question jurisdiction and permits removal under 28 U.S.C. § 1441. Consider pleading only state counts to anchor the case in Circuit Court, or include federal counts for § 3613(c) fees.
• Unsettled / verify. Confirm the current text of KRS § 344.367 (state reasonable-accommodation provision) and the precise interaction of the KCRA election-of-remedies doctrine (KRS § 344.270) with a prior HUD or KCHR filing; case law on exclusivity is fact-specific. Verify whether the subject property lies within a Kentucky municipality with a broader local fairness ordinance.

15. SOURCES AND REFERENCES

• KRS § 344.360 (unlawful housing practices) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32639
• KRS § 344.450 (civil remedies; injunction and damages) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32648
• KRS § 344.660 (housing damages and injunctive relief) — https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32672
• KRS § 344.200 (administrative complaint; 180 days) — https://legislature.ky.gov/law/statutes/statute.aspx?id=3493
• Kentucky Commission on Human Rights — https://kchr.ky.gov/
• 42 U.S.C. § 3604; § 3613; § 3617 — https://www.law.cornell.edu/uscode/text/42/chapter-45
• 24 C.F.R. Part 100 (HUD Fair Housing regulations) — https://www.ecfr.gov/current/title-24/subtitle-B/chapter-I/subchapter-A/part-100
• Texas Dep't of Housing & Community Affairs v. Inclusive Communities Project, Inc., 576 U.S. 519 (2015)
• HUD/DOJ Joint Statement on Reasonable Accommodations (2004); Reasonable Modifications (2008)

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Kentucky must review and customize this document before filing. Laws, citations, and court rules change frequently; verify all authorities before use.