Teen Challenge of Ky., Inc. v. Ky. Comm'n On Human Rights

577 S.W.3d 472
CourtCourt of Appeals of Kentucky
DecidedApril 26, 2019
DocketNO. 2016-CA-001721-MR
StatusPublished
Cited by4 cases

This text of 577 S.W.3d 472 (Teen Challenge of Ky., Inc. v. Ky. Comm'n On Human Rights) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Teen Challenge of Ky., Inc. v. Ky. Comm'n On Human Rights, 577 S.W.3d 472 (Ky. Ct. App. 2019).

Opinion

JONES, JUDGE:

The Appellant, Teen Challenge of Kentucky Inc., ("Teen Challenge"), appeals from the October 11, 2016 order of the Jefferson Circuit Court. Therein, the circuit court dismissed Teen Challenge's petition for writ of mandamus. Having reviewed the record and applicable law, for the reasons more fully explained below, we REVERSE and REMAND.

I. THE PARTIES

A. Teen Challenge

Teen Challenge is a Kentucky nonprofit corporation. It operates two religiously-based, residential addiction recovery treatment centers in Kentucky, one for women and one for men. The women's center, Priscilla's Place, is located in Louisville, Kentucky. The men's center, Chad's Hope, is located in Manchester, Kentucky. As a condition for admittance, Teen Challenge requires applicants to agree to participate in Christian assemblies. Additionally, it was alleged that all applicants must be physically fit enough to climb stairs and perform chores; cannot be taking prescription medications for mental health; and that female applicants could not be pregnant.1

*475B. The Lexington Fair Housing Council

The Lexington Fair Housing Council ("Council") is a nonprofit civil rights agency that investigates complaints of housing discrimination throughout Kentucky. Individuals who believe they have been the victims of housing discrimination in Kentucky may contact the Council. The Council investigates the complaints. If the Council determines that the complaints are valid, it assists the individuals in filing complaints in court, with the Commission, and/or with the U.S. Department of Housing and Urban Development ("HUD").

C. The Kentucky Commission on Human Rights

The Kentucky Commission on Human Rights ("Commission") is a state agency. It was created by the General Assembly in 1960. See KRS 344.150. The Commission consists of eleven members. Id. The members are appointed for three year terms by the Governor. Id. The Governor also selects one of the eleven members to serve as the chairperson. Id. During the relevant time period, George Stinson, was serving as the chairperson of the Commission. The Commission's purpose is "to encourage fair treatment for, to foster mutual understanding and respect among and to discourage discrimination against any racial or ethnic group or its members." KRS 344.170. Among other powers, the Commission is vested with the authority to "to receive and investigate complaints relating to discrimination, to offer recommendations to eliminate any injustices it discovers, and to hold public hearings and request the attendance of witnesses." Owen v. Univ. of Ky. , 486 S.W.3d 266, 269 (Ky. 2016) (citing KRS 344.180 and KRS 344.190 ) ).

KRS 344.600 governs complaints filed before the Commission alleging discriminatory housing practices. Such complaints must be filed with the Commission "not later than one (1) year after an alleged discriminatory housing practice has occurred or terminated[.]" KRS 344.600(1)(a) 1. After a housing discrimination complaint has been filed, the Commission "shall within five (5) days serve written notice upon the aggrieved person acknowledging the filing and advising the aggrieved person of the time limits and choice of forums provided in KRS 344.635."2 KRS 344.600(1)(b) 1. Within ten days of the complaint, the Commission must "serve on the respondent a written notice identifying the alleged discriminatory housing practice and advising the respondent of the procedural rights and obligations of respondents under this chapter, together with a copy of the original complaint[.]" KRS 344.600(1)(b) 2. The respondent has ten days after receiving the Commission's notification to file an answer. KRS 344.600(1)(b) 3.

The Commission "shall commence an investigation of the alleged discriminatory housing practice within thirty (30) days of filing the complaint and complete the investigation within one hundred (100) days after the filing of the complaint, unless it is impracticable to do so." KRS 344.600(1)(b) 4. "If the [C]ommission is unable *476to complete the investigation within one hundred (100) days after the filing of the complaint, the [C]ommission shall notify the complainant and respondent in writing of the reasons for not doing so." KRS 344.600(1)(c). Following its investigation, "[t]he [C]ommission shall determine, based on the facts, whether probable cause exists to believe that a discriminatory housing practice made unlawful under this chapter has occurred or is about to occur." KRS 344.625(1). The Commission "shall" make its probable cause determination "not later than the one hundredth day after the date a complaint is filed unless: (a) It is impracticable to make the determination; or (b) The [C]ommission has approved a conciliation agreement relating to the discriminatory housing complaint." KRS 344.625(2). "If it is impracticable to make the determination within the time period provided by subsection (2) of this section, the [C]ommission shall notify the complainant and respondent in writing of the reasons for the delay." KRS 344.625(3).

"If the [C]ommission determines that probable cause exists to believe that a discriminatory housing practice has occurred or is about to occur, the commission shall, except as provided in subsection (6) of this section, immediately issue a charge on behalf of the aggrieved person for further proceeding under KRS 344.635

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Bluebook (online)
577 S.W.3d 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teen-challenge-of-ky-inc-v-ky-commn-on-human-rights-kyctapp-2019.