Ky. Rev. Stat. ch. 344 § 344.365
Exemptions from housing provisions
Operative Text
344.365 Exemptions from housing provisions. (1) Nothing in KRS 344.360 shall apply: (a) To the rental of a housing accommodation in a building which contains housing accommodations for not more than two (2) families living independently of each other, if the owner or a member of his family resides in one of the housing accommodations; (b) To the rental of one (1) room or one (1) rooming unit in a housing accommodation by an individual if he or a member of his family resides therein; (c) To a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, which limits the sale, lease, rental, occupancy, assignment, or sublease of a housing accommodation which it owns or operates for other than commercial purpose to persons of the same religion, or from giving preference to those persons, unless membership in the religion is restricted on account of race, color, or national origin. Nor shall anything in this chapter prohibit a private club not in fact open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members. (d) To a private individual homeowner disposing of his property through private sale without the aid of any real estate operator, broker, or salesman and without advertising or public display except that attorneys, escrow agents, abstractors, title companies, and other professional assistance may be utilized as necessary to perfect or transfer the title. (2) Nothing in this chapter shall require a real estate operator to negotiate with any individual who has not shown evidence of financial ability to consummate the purchase or rental of a housing accommodation. (3) Nothing in this chapter shall limit the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a housing accommodation. No provision in this chapter regarding familial status shall apply with respect to "housing for older persons," as defined in the Federal Fair Housing Act, 42 U.S.C. 3607. (4) Nothing in this section prohibits conduct against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802) or KRS Chapter 218A.
Kentucky Revised Statute § 344.365 carves out specific situations where the state's fair housing requirements under KRS 344.360 do not apply. These exemptions cover small owner-occupied two-family buildings, owner-occupied single-room rentals, religious organizations and private clubs renting to their own members for non-commercial purposes, and private home sales conducted without a broker or public advertising. The statute also clarifies that occupancy limits set by local, state, or federal authorities remain valid, that financial qualification standards may still be applied to prospective renters or buyers, and that housing designated for older persons under federal law retains its age-related restrictions. Additionally, § 344.365 permits housing decisions based on a person's conviction for illegal manufacture or distribution of a controlled substance.
Plain English — not legal advice.
Under Ky. Rev. Stat. § 344.365, operators of small owner-occupied rental properties, religious-affiliated housing, and private clubs may qualify for specific exemptions from the fair housing obligations otherwise imposed by KRS 344.360. Compliant operators in these categories typically document the owner-occupancy status, religious affiliation, or private-club nature of their housing, and ensure that any membership or residency restrictions do not cross into prohibited discrimination based on race, color, or national origin. Operators generally also apply financial-qualification standards consistently and uniformly, and remain aware that local or federal occupancy-limit rules continue to apply regardless of any exemption claimed under § 344.365.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 344.365 defines the boundaries of fair housing protections in Kentucky, meaning that certain rental situations — such as small owner-occupied buildings or rooms within an owner's own home — fall outside the anti-discrimination rules of KRS 344.360. Tenants who believe a landlord is improperly claiming an exemption to justify discriminatory treatment may consider documenting the circumstances and exploring whether the exemption's conditions are actually met. General enforcement paths include contacting the Kentucky Commission on Human Rights or the U.S. Department of Housing and Urban Development, or consulting a tenant-rights organization familiar with § 344.365 and its limits.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 19, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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