Kentucky

Attention Kentucky Residents.

Kentucky residents are subject to the U.S. Department of Housing and Urban Development Fair Housing Act.

Kentucky Enacts Law To Evaluate Emotional Support Animal Requests.

Kentucky Law KRS 383.085 helps clarify what is required to establish a disability and disability-related need for an assistance animal.

Therapeutic Relationship.

Landlords may require documentation from a person with whom the disabled person “has or had a therapeutic relationship”. “Therapeutic relationship” is defined as the provision of medical care, program care, or personal care services, in good faith, to the person with a disability by a mental health service provider. This would seemingly rule out verification by online “practitioners” who have a single transaction with the disabled person, rather than a relationship involving the provision of services to the disabled person.

Criminal Penalties.

It a criminal violation to knowingly do any of the following:

  1. Misrepresent 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;
  2. Make materially false statements for the purpose of obtaining documentation for the use of an assistance animal in housing;
  3. Create or execute a document that misrepresents an animal as an Assistance Animal for use in housing;
  4. Provide a document to another falsely stating that an animal is an Assistance Animal for use in housing; or
  5. Fit 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.

Anyone who commits one of those acts faces a fine of up to $1,000.00.