Commission on Human Rights
August 2006 Rulings of the Kentucky Commission on Human Rights
LOUISVILLE – The Kentucky Commission on Human Rights (KCHR) Board of Commissioners on August 24, 2006, approved two conciliation agreements. Conciliation agreements constitute the compromise of a disputed claim and are reached through KCHR negotiations between complainants and respondents in consideration for the full and complete resolution of claims of alleged discrimination.
The board dismissed 37 discrimination cases with findings of no probable cause, dismissed one complaint under reconsideration with findings of no probable cause, accepted one complaint withdrawal with private settlement, and accepted one complaint withdrawal without settlement.
Hazel Osborne v. Capital Investment Group, d/b/a Florence Carriage Houses, LLC in Florence, KY: The complainant alleged discrimination based on disability in housing, a violation of the Kentucky Civil Rights Act (KRS 344.360) and the Federal Fair Housing Act, as amended, 42 USC 3601 et. seq. Ms. Osborne, who is unable to climb stairs because of her disability, claimed the apartment owner, Capital Investment Group, d/b/a Florence Carriage Houses, LLC, charged her a lease termination fee when she ended her lease early and moved from her apartment due to her inability to climb the stairs into the apartment. The respondent denied all allegations of unlawful discrimination. During the course of investigation, the parties agreed to conciliate the matter and the respondent agreed to the following: to comply with fair housing laws, to refrain from seeking to collect a lease termination fee from the complainant, to send its managerial employees to fair housing training, to post the Commission’s equal housing opportunity poster, and to distribute the Commission’s fair housing pamphlet.
Anibal and Sheila Abrego v. Lorraine Rowe in Florence Kentucky: The complainants alleged discrimination in housing based on disability, a violation of the Kentucky Civil Rights Act (KRS 344.360) and the Federal Fair Housing Act, as amended, 42 USC 3601 et. seq. Mr. and Mrs. Abrego claim that they were asked to move by the respondent because her liability insurance was reportedly going to increase if she continued to rent to disabled tenants. The respondent denied all allegations of unlawful discrimination. On May 26, 2006 the commission found probable cause to believe discrimination had occurred. During the course of investigation, the parties agreed to conciliate the matter and the respondent agreed to compensate the complainant in the amount of $2500 and contact KCHR if she purchases any rental property within five years of this agreement. If she does purchase property within five years of this agreement, respondent agrees to attend one Fair Housing training session.
The KCHR is the state government agency that enforces The Kentucky Civil Rights Act and the policies of federal civil rights laws. It receives initiates, investigates, conciliates and rules upon jurisdictional complaints. The KCHR has jurisdiction in housing, employment, public accommodations, and financial transactions. The Kentucky Civil Rights Act prohibits discrimination in public accommodations, employment, housing, and financial transactions on the basis of race, color, religion, national origin, disability, and sex. Discrimination is further prohibited on the basis of familial status in housing, the basis of age (40 or over) in employment, and the basis of a person’s tobacco-smoking status in employment. Complaints not dismissed, settled or conciliated go to administrative hearing where commission decisions have the authority of a court of law.