Ky. Rev. Stat. ch. 344 § 344.375
Agency no defense in proceeding against real estate dealer
Operative Text
344.375 Agency no defense in proceeding against real estate dealer. It shall be no defense to a violation of this chapter by a real estate operator, real estate broker, real estate salesman, financial institution, or other person subject to the provisions of this chapter that the violation was requested, sought or otherwise procured by a person not subject to the provisions of this chapter. History: Created 1968 Ky. Acts ch. 167, sec. 7.
Kentucky Rev. Stat. § 344.375 establishes that real estate operators, brokers, salespersons, financial institutions, and other covered parties cannot escape liability for fair housing violations by pointing to instructions or requests from someone outside the law's reach. In other words, if a client, employer, or third party directed the covered party to engage in a discriminatory act, that direction does not excuse the violation. The rule places responsibility squarely on the licensed or regulated party who carries out the conduct.
Plain English — not legal advice.
Under Ky. Rev. Stat. § 344.375, property owners and managers who work through real estate brokers or salespersons should understand that a discriminatory instruction passed down from any source — including the owner — does not shield the broker or agent from liability, and it does not shield the owner either. Compliant operators generally maintain written non-discrimination policies, train staff and agents on fair housing requirements, and avoid issuing any instructions that could be construed as directing discriminatory conduct. Documenting that all parties in a transaction are operating under consistent fair housing standards is a common practice among operators seeking to stay within the law.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 344.375 means that if a real estate professional, lender, or other covered party engaged in discriminatory conduct, that party cannot avoid accountability simply by claiming they were following a client's or third party's instructions. Tenants or prospective tenants who believe they experienced housing discrimination may file a complaint with the Kentucky Commission on Human Rights or with the U.S. Department of Housing and Urban Development, which enforces related federal fair housing law. Tenant-rights organizations can also help individuals understand what documentation may be relevant and what avenues exist under this chapter.
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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