Ky. Rev. Stat. ch. 65 § 65.879
Prohibition against local ordinances specifically applicable to residential
Operative Text
65.879 Prohibition against local ordinances specifically applicable to residential care facilities for persons with a disability -- Information to be provided by Cabinet for Health and Family Services -- Facilities not exempted from general application ordinances. (1) As used in this section: (a) "Cabinet" means the Cabinet for Health and Family Services; (b) "Local government" means a city, county, charter county, urban-county government, consolidated local government, or unified local government; (c) "Persons with a disability" has the same meaning as in KRS 100.982; and (d) "Residential care facility" means a residence, including a group home or staffed residence, operated and maintained by: 1. A private agency receiving state or federal funds; or 2. A government agency; that provides services in a homelike setting for persons with a disability. (2) A local government shall not adopt or enforce any licensing or other requirements specifically applicable to residential care facilities providing services for persons with a disability beyond those required by statutes or administrative regulations of the Commonwealth of Kentucky or the federal government. (3) (a) A local government may adopt a resolution by its legislative body requesting the cabinet to provide information on each residential care facility within the requesting local government's boundaries. The cabinet shall provide information to the local government within thirty (30) days of the receipt of the resolution requesting this information. The information provided by the cabinet shall be limited to: 1. The physical location of the residential care facility or facilities; and 2. The name and contact information for the individual or organization primarily responsible for the oversight of the facility or facilities. (b) Once a resolution has been filed by a local government, the cabinet shall: 1. Provide that local government updated information if: a. The number of residential care facilities within the jurisdiction changes; b. The physical location changes; or c. The name and contact information for the individual or organization primarily responsible for the oversight changes; or 2. Provide an annual update of the information provided in this subsection, in the event that the provisions of subparagraph 1. of this paragraph do not occur. (c) The information provided in this subsection shall only be for the use of the local government's law enforcement agencies, fire protection services, or emergency service providers. The information provided by the cabinet shall not be subject to the provisions of KRS 61.872 to 61.884. This exemption applies solely to the local government receiving the information. (4) This section shall not be construed to exempt residential care facilities from compliance with local government ordinances that apply generally within the jurisdiction, including but not limited to business licensing requirements, occupational license taxes, nuisance and property maintenance codes, public and fire safety ordinances, health and sanitation ordinances, zoning requirements as provided under KRS 100.984, or any other type of local ordinance of general application.
Kentucky Revised Statutes § 65.879 bars local governments—cities, counties, and similar entities—from creating or enforcing licensing rules or other requirements that single out residential care facilities serving people with disabilities, beyond what state or federal law already requires. Local governments may, however, pass a resolution asking the Kentucky Cabinet for Health and Family Services to share basic facility information (location and oversight contact), which is then restricted to use by local law enforcement, fire, and emergency services. Importantly, residential care facilities are still fully subject to any local ordinances that apply broadly to all properties or businesses in the jurisdiction, such as zoning, nuisance, fire safety, and sanitation codes.
Plain English — not legal advice.
Operators of residential care facilities for persons with a disability should be aware that under § 65.879, local governments cannot impose licensing or regulatory requirements that specifically target their type of facility beyond state and federal standards. However, compliance with generally applicable local ordinances—including business licensing, property maintenance, zoning under KRS 100.984, and fire and health codes—remains fully required. Operators generally maintain documentation of their state and federal compliance and monitor whether any local requirements being applied to them are of general application or are impermissibly facility-specific.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Residents of residential care facilities for persons with a disability benefit from § 65.879's protection, which prevents local governments from layering on extra, disability-facility-specific rules that go beyond state and federal requirements. If a local government appears to be enforcing requirements that single out a residential care facility in ways not grounded in generally applicable ordinances or state and federal law, residents or their advocates may consider contacting the Kentucky Cabinet for Health and Family Services or a tenant-rights or disability-rights organization for guidance. General local ordinances—such as habitability, fire safety, and sanitation codes—still apply and can be a basis for raising concerns through local code enforcement channels.
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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