State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19372

44-1016

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1016.   Same; unlawful acts in connection with sale or rental ofreal property.Subject to the provisions of K.S.A. 44-1018 and amendments thereto, itshall be unlawful for any person:

      (a)   To refuse to sell or rent after the making of a bona fide offer,to fail to transmit a bona fide offer or refuse to negotiate in goodfaith for the sale or rental of, or otherwise make unavailable or deny,real property to any person because of race, religion, color, sex,disability, familial status, national origin or ancestry.

      (b)   To discriminate against any person in the terms, conditions orprivileges of sale or rental of real property, or in the provision ofservices or facilities in connection therewith, because of race,religion, color, sex, disability, familial status, national origin orancestry.

      (c)   To make, print, publish, disseminate or use, or cause to bemade, printed, published, disseminated or used, any notice, statement,advertisement or application, with respect to the sale or rental of realproperty that indicates any preference, limitation, specification ordiscrimination based on race, religion, color, sex, disability, familialstatus, national origin or ancestry, or an intention to make any suchpreference, limitation, specification or discrimination.

      (d)   To represent to any person because of race, religion, color, sex,disability, familial status, national origin or ancestry that any real propertyis not available for inspection, sale or rental when such real property is infact so available.

      (e)   For profit, to induce or attempt to induce any person to sell orrent any real property by representation regarding the entry orprospective entry into the neighborhood of a person or persons of aparticular race, religion, color, sex, disability, familial status,national origin or ancestry.

      (f)   To deny any person access to or membership or participation inany multiple-listing service, real estate brokers' organization or otherservice, organization or facility relating to the business of selling orrenting real property, or to discriminate against such person in the terms orconditions of such access, membership or participation, because of race,religion, color, sex, disability, familial status, national origin or ancestry.

      (g)   To discriminate against any person in such person's use or occupancy ofreal property because of the race, religion, color, sex, disability, familialstatus, national origin or ancestry of the people with whom such personassociates.

      (h) (1)   To discriminate in the sale or rental, or to otherwise makeunavailable or deny, residential real property to any buyer or renterbecause of a disability of:

      (A)   That buyer or renter;

      (B)   a person residing in or intending to reside in such real propertyafter it is sold, rented or made available; or

      (C)   any person associated with that buyer or renter.

      (2)   To discriminate against any person in the terms, conditions orprivileges of sale or rental of residential real property or in theprovision of services or facilities in connection with such real propertybecause of a disability of:

      (A)   That person;

      (B)   a person residing in or intending to reside in that real propertyafter it is so sold, rented or made available; or

      (C)   any person associated with that person.

      (3)   For purposes of this subsection (h), discrimination includes:

      (A)   A refusal to permit, at the expense of the person with a disability,reasonable modifications of existing premises occupied or to be occupied bysuch person if such modifications may be necessary to afford such personfull enjoyment of the premises;

      (B)   a refusal to make reasonable accommodations in rules, policies,practices or services, when such accommodations may be necessary to affordsuch person equal opportunity to use and enjoy residential real property; or

      (C)   in connection with the design and construction of covered multifamilyresidential real property for first occupancy on and afterJanuary 1, 1992,a failure to design and construct such residential real property in such amanner that:

      (i)   The public use and common use portions of such residential realproperty are readily accessible to and usable by persons with disabilities;

      (ii)   all the doors designed to allow passage into and within allpremises within such residential real property are sufficiently wide toallow passage by persons with disabilities who are in wheelchairs; and

      (iii)   all premises within such residential real property contain thefollowing features of adaptive design: An accessible route into and throughthe residential real property; light switches, electrical outlets,thermostats and other environmental controls in accessible locations;reinforcements in bathroom walls to allow later installation of grab bars;and usable kitchens and bathrooms such that an individual in a wheelchaircan maneuver about the space.

      (4)   Compliance with the appropriate requirements of the Americannational standard for buildings and facilities providing accessibility andusability for physically handicapped people, commonly cited as "ANSI A117.1," suffices to satisfy the requirements of subsection (h)(3)(C)(iii).

      (5)   As used in this subsection (h), "covered multifamily residentialreal property" means:

      (A)   Buildings consisting of four or more units if such buildings haveone or more elevators; and

      (B)   ground floor units in other buildings consisting of four or moreunits.

      (6)   Nothing in this act shall be construed to invalidate or limit anystate law or ordinance that requires residential real property to bedesigned and constructed in a manner that affords persons with disabilitiesgreater access than is required by this act.

      (7)   Nothing in this subsection (h) requires that residential realproperty be made available to an individual whose tenancy would constitutea direct threat to the health or safety of other individuals or whosetenancy would result in substantial physical damage to the property ofothers.

      History:   L. 1970, ch. 193, § 2; L. 1972, ch. 194, § 8;L. 1991, ch. 147, § 8;L. 1992, ch. 142, § 1; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19372

44-1016

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1016.   Same; unlawful acts in connection with sale or rental ofreal property.Subject to the provisions of K.S.A. 44-1018 and amendments thereto, itshall be unlawful for any person:

      (a)   To refuse to sell or rent after the making of a bona fide offer,to fail to transmit a bona fide offer or refuse to negotiate in goodfaith for the sale or rental of, or otherwise make unavailable or deny,real property to any person because of race, religion, color, sex,disability, familial status, national origin or ancestry.

      (b)   To discriminate against any person in the terms, conditions orprivileges of sale or rental of real property, or in the provision ofservices or facilities in connection therewith, because of race,religion, color, sex, disability, familial status, national origin orancestry.

      (c)   To make, print, publish, disseminate or use, or cause to bemade, printed, published, disseminated or used, any notice, statement,advertisement or application, with respect to the sale or rental of realproperty that indicates any preference, limitation, specification ordiscrimination based on race, religion, color, sex, disability, familialstatus, national origin or ancestry, or an intention to make any suchpreference, limitation, specification or discrimination.

      (d)   To represent to any person because of race, religion, color, sex,disability, familial status, national origin or ancestry that any real propertyis not available for inspection, sale or rental when such real property is infact so available.

      (e)   For profit, to induce or attempt to induce any person to sell orrent any real property by representation regarding the entry orprospective entry into the neighborhood of a person or persons of aparticular race, religion, color, sex, disability, familial status,national origin or ancestry.

      (f)   To deny any person access to or membership or participation inany multiple-listing service, real estate brokers' organization or otherservice, organization or facility relating to the business of selling orrenting real property, or to discriminate against such person in the terms orconditions of such access, membership or participation, because of race,religion, color, sex, disability, familial status, national origin or ancestry.

      (g)   To discriminate against any person in such person's use or occupancy ofreal property because of the race, religion, color, sex, disability, familialstatus, national origin or ancestry of the people with whom such personassociates.

      (h) (1)   To discriminate in the sale or rental, or to otherwise makeunavailable or deny, residential real property to any buyer or renterbecause of a disability of:

      (A)   That buyer or renter;

      (B)   a person residing in or intending to reside in such real propertyafter it is sold, rented or made available; or

      (C)   any person associated with that buyer or renter.

      (2)   To discriminate against any person in the terms, conditions orprivileges of sale or rental of residential real property or in theprovision of services or facilities in connection with such real propertybecause of a disability of:

      (A)   That person;

      (B)   a person residing in or intending to reside in that real propertyafter it is so sold, rented or made available; or

      (C)   any person associated with that person.

      (3)   For purposes of this subsection (h), discrimination includes:

      (A)   A refusal to permit, at the expense of the person with a disability,reasonable modifications of existing premises occupied or to be occupied bysuch person if such modifications may be necessary to afford such personfull enjoyment of the premises;

      (B)   a refusal to make reasonable accommodations in rules, policies,practices or services, when such accommodations may be necessary to affordsuch person equal opportunity to use and enjoy residential real property; or

      (C)   in connection with the design and construction of covered multifamilyresidential real property for first occupancy on and afterJanuary 1, 1992,a failure to design and construct such residential real property in such amanner that:

      (i)   The public use and common use portions of such residential realproperty are readily accessible to and usable by persons with disabilities;

      (ii)   all the doors designed to allow passage into and within allpremises within such residential real property are sufficiently wide toallow passage by persons with disabilities who are in wheelchairs; and

      (iii)   all premises within such residential real property contain thefollowing features of adaptive design: An accessible route into and throughthe residential real property; light switches, electrical outlets,thermostats and other environmental controls in accessible locations;reinforcements in bathroom walls to allow later installation of grab bars;and usable kitchens and bathrooms such that an individual in a wheelchaircan maneuver about the space.

      (4)   Compliance with the appropriate requirements of the Americannational standard for buildings and facilities providing accessibility andusability for physically handicapped people, commonly cited as "ANSI A117.1," suffices to satisfy the requirements of subsection (h)(3)(C)(iii).

      (5)   As used in this subsection (h), "covered multifamily residentialreal property" means:

      (A)   Buildings consisting of four or more units if such buildings haveone or more elevators; and

      (B)   ground floor units in other buildings consisting of four or moreunits.

      (6)   Nothing in this act shall be construed to invalidate or limit anystate law or ordinance that requires residential real property to bedesigned and constructed in a manner that affords persons with disabilitiesgreater access than is required by this act.

      (7)   Nothing in this subsection (h) requires that residential realproperty be made available to an individual whose tenancy would constitutea direct threat to the health or safety of other individuals or whosetenancy would result in substantial physical damage to the property ofothers.

      History:   L. 1970, ch. 193, § 2; L. 1972, ch. 194, § 8;L. 1991, ch. 147, § 8;L. 1992, ch. 142, § 1; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19372

44-1016

Chapter 44.--LABOR AND INDUSTRIES
Article 10.--KANSAS ACTS AGAINST DISCRIMINATION

      44-1016.   Same; unlawful acts in connection with sale or rental ofreal property.Subject to the provisions of K.S.A. 44-1018 and amendments thereto, itshall be unlawful for any person:

      (a)   To refuse to sell or rent after the making of a bona fide offer,to fail to transmit a bona fide offer or refuse to negotiate in goodfaith for the sale or rental of, or otherwise make unavailable or deny,real property to any person because of race, religion, color, sex,disability, familial status, national origin or ancestry.

      (b)   To discriminate against any person in the terms, conditions orprivileges of sale or rental of real property, or in the provision ofservices or facilities in connection therewith, because of race,religion, color, sex, disability, familial status, national origin orancestry.

      (c)   To make, print, publish, disseminate or use, or cause to bemade, printed, published, disseminated or used, any notice, statement,advertisement or application, with respect to the sale or rental of realproperty that indicates any preference, limitation, specification ordiscrimination based on race, religion, color, sex, disability, familialstatus, national origin or ancestry, or an intention to make any suchpreference, limitation, specification or discrimination.

      (d)   To represent to any person because of race, religion, color, sex,disability, familial status, national origin or ancestry that any real propertyis not available for inspection, sale or rental when such real property is infact so available.

      (e)   For profit, to induce or attempt to induce any person to sell orrent any real property by representation regarding the entry orprospective entry into the neighborhood of a person or persons of aparticular race, religion, color, sex, disability, familial status,national origin or ancestry.

      (f)   To deny any person access to or membership or participation inany multiple-listing service, real estate brokers' organization or otherservice, organization or facility relating to the business of selling orrenting real property, or to discriminate against such person in the terms orconditions of such access, membership or participation, because of race,religion, color, sex, disability, familial status, national origin or ancestry.

      (g)   To discriminate against any person in such person's use or occupancy ofreal property because of the race, religion, color, sex, disability, familialstatus, national origin or ancestry of the people with whom such personassociates.

      (h) (1)   To discriminate in the sale or rental, or to otherwise makeunavailable or deny, residential real property to any buyer or renterbecause of a disability of:

      (A)   That buyer or renter;

      (B)   a person residing in or intending to reside in such real propertyafter it is sold, rented or made available; or

      (C)   any person associated with that buyer or renter.

      (2)   To discriminate against any person in the terms, conditions orprivileges of sale or rental of residential real property or in theprovision of services or facilities in connection with such real propertybecause of a disability of:

      (A)   That person;

      (B)   a person residing in or intending to reside in that real propertyafter it is so sold, rented or made available; or

      (C)   any person associated with that person.

      (3)   For purposes of this subsection (h), discrimination includes:

      (A)   A refusal to permit, at the expense of the person with a disability,reasonable modifications of existing premises occupied or to be occupied bysuch person if such modifications may be necessary to afford such personfull enjoyment of the premises;

      (B)   a refusal to make reasonable accommodations in rules, policies,practices or services, when such accommodations may be necessary to affordsuch person equal opportunity to use and enjoy residential real property; or

      (C)   in connection with the design and construction of covered multifamilyresidential real property for first occupancy on and afterJanuary 1, 1992,a failure to design and construct such residential real property in such amanner that:

      (i)   The public use and common use portions of such residential realproperty are readily accessible to and usable by persons with disabilities;

      (ii)   all the doors designed to allow passage into and within allpremises within such residential real property are sufficiently wide toallow passage by persons with disabilities who are in wheelchairs; and

      (iii)   all premises within such residential real property contain thefollowing features of adaptive design: An accessible route into and throughthe residential real property; light switches, electrical outlets,thermostats and other environmental controls in accessible locations;reinforcements in bathroom walls to allow later installation of grab bars;and usable kitchens and bathrooms such that an individual in a wheelchaircan maneuver about the space.

      (4)   Compliance with the appropriate requirements of the Americannational standard for buildings and facilities providing accessibility andusability for physically handicapped people, commonly cited as "ANSI A117.1," suffices to satisfy the requirements of subsection (h)(3)(C)(iii).

      (5)   As used in this subsection (h), "covered multifamily residentialreal property" means:

      (A)   Buildings consisting of four or more units if such buildings haveone or more elevators; and

      (B)   ground floor units in other buildings consisting of four or moreunits.

      (6)   Nothing in this act shall be construed to invalidate or limit anystate law or ordinance that requires residential real property to bedesigned and constructed in a manner that affords persons with disabilitiesgreater access than is required by this act.

      (7)   Nothing in this subsection (h) requires that residential realproperty be made available to an individual whose tenancy would constitutea direct threat to the health or safety of other individuals or whosetenancy would result in substantial physical damage to the property ofothers.

      History:   L. 1970, ch. 193, § 2; L. 1972, ch. 194, § 8;L. 1991, ch. 147, § 8;L. 1992, ch. 142, § 1; July 1.