Ky. Rev. Stat. ch. 383 § 383.085
Assistance animals -- Reasonable accommodations in dwellings --
Operative Text
383.085 Assistance animals -- Reasonable accommodations in dwellings -- Limitation of liability -- Penalty for misrepresentation of an assistance animal. (1) As used in this section: (a) "Assistance animal" means an animal that works, provides assistance, or performs tasks for the benefit of a person with a disability, or provides emotional support that alleviates one or more identified symptoms or effects of a person's disability. This shall include a service animal specifically trained or equipped to perform tasks for a person with a disability, or an emotional support animal that provides support to alleviate one or more identified symptoms or effects of a person's disability; and (b) "Therapeutic relationship" means the provision of care, in good faith, to the person with a disability by: 1. A licensed clinical social worker who holds a valid, unrestricted state license under KRS 335.100 and who maintains an active practice within the state; 2. A professional counselor who holds a valid, unrestricted state license under KRS 335.525 and who maintains an active practice within the state; 3. An advanced practice registered nurse who holds a valid, unrestricted state license under KRS 314.042 and who maintains an active practice within the state; 4. A psychologist who holds a valid, unrestricted state license under KRS 319.050 or 319.053 and who maintains an active practice within the state; or 5. A physician who holds a valid, unrestricted state license under KRS 311.571 and who maintains an active practice within the state. An individual who moves from another state may provide documentation from a health-services provider who is licensed in that state, so long as the person with a disability has an ongoing therapeutic relationship with the provider. This definition shall not include a health-care provider described in this paragraph whose primary service is to provide documentation to a person requesting a reasonable accommodation in exchange for a fee. (2) A person with a disability may submit a request for a reasonable accommodation to maintain an assistance animal in a dwelling. Unless the person's disability or disability-related need is readily apparent, the person receiving the request may ask the person making the request to provide reliable documentation of the disability-related need for an assistance animal, including documentation from any person with whom the person making the request has or has had a therapeutic relationship. (3) Unless the person making the request has a disability or disability-related need for an assistance animal that is readily apparent, a person receiving a request for a reasonable accommodation to maintain an assistance animal in a dwelling shall evaluate the request and any reliable supporting documentation to verify the disability-related need for the reasonable accommodation regarding an assistance animal. The person receiving the request may independently verify the authenticity of any supporting documentation. (4) A person with a disability who is granted a reasonable accommodation to maintain an assistance animal in a dwelling shall comply with the rental agreement or any rules and regulations of the property owner applicable to all residents that do not interfere with an equal opportunity to use and enjoy the dwelling and any common areas of the premises. The person shall not be required to pay a pet fee or deposit or any additional rent to maintain an assistance animal in a dwelling, but shall be responsible for any physical damages to the dwelling if residents who maintain pets are responsible for physical damages to the dwelling caused by pets. Nothing in this section shall be construed to affect any cause of action against any resident for other damages under the laws of the Commonwealth. (5) Notwithstanding any other law to the contrary, a landlord shall not be liable for injuries by a person's assistance animal permitted on the landlord's property as a reasonable accommodation to assist the person with a disability pursuant to the Fair Housing Act, as amended, 42 U.S.C. secs. 3601 et seq., the Americans with Disabilities Act of 1990, 42 U.S.C. secs. 12101 et seq., and Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. sec. 701, or any other federal, state, or local law. (6) A person commits the offense of misrepresentation of an assistance animal if the person knowingly: (a) Misrepresents as a part of a request for a reasonable accommodation to maintain an assistance animal in a dwelling that the person has a disability or disability-related need for the use of an assistance animal; (b) Makes materially false statements for the purpose of obtaining documentation for the use of an assistance animal in housing; (c) Provides a document to another falsely stating that an animal is an assistance animal for use in housing; (d) Fits an animal, which is not an assistance animal, with a harness, collar, vest, or sign that the pet is an assistance animal for use in housing; (e) Engages in fraud, deceit, or dishonesty in providing documentation to a person as a part of a request for the use of an assistance animal in housing; or (f) Provides documentation as a part of a request for an assistance animal in housing to a person for the primary purpose of obtaining a fee. (7) Misrepresentation of an assistance animal is a violation with a fine of up to one thousand dollars ($1,000).
Kentucky Revised Statute § 383.085 establishes a framework for assistance animals in residential housing, covering both service animals and emotional support animals. It sets out who qualifies as a licensed provider for disability documentation, prohibits landlords from charging pet fees or deposits for approved assistance animals, and limits landlord liability for injuries caused by those animals. The statute also creates a specific offense — misrepresentation of an assistance animal — carrying a fine of up to $1,000 for anyone who knowingly falsifies disability status, fabricates documentation, or fraudulently outfits a non-assistance animal with identifying gear.
Plain English — not legal advice.
Under Ky. Rev. Stat. § 383.085, compliant housing operators generally evaluate reasonable accommodation requests for assistance animals on a case-by-case basis, reviewing documentation from qualifying licensed providers when a disability or disability-related need is not readily apparent. Operators do not charge pet fees, pet deposits, or additional rent for approved assistance animals, though they may hold residents responsible for physical damages caused by those animals to the same extent they hold other pet-owning residents responsible. The statute also provides landlords with a liability shield for injuries caused by a permitted assistance animal, and operators may independently verify the authenticity of any supporting documentation they receive.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ky. Rev. Stat. § 383.085 gives people with disabilities the right to request a reasonable accommodation to keep an assistance animal in their dwelling, and prohibits housing providers from requiring pet fees or deposits as a condition of that accommodation. If a disability or disability-related need is not readily apparent, a housing provider may ask for documentation from a licensed professional — such as a physician, psychologist, licensed clinical social worker, professional counselor, or advanced practice registered nurse — with whom the tenant has or has had a therapeutic relationship. Tenants who believe their rights under § 383.085 have been violated may consider consulting a tenant-rights organization, a fair housing agency, or an attorney familiar with Kentucky housing law to understand available options.
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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