State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19375

44-1018

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

      44-1018.   Same; application of act.(a) Nothing in this act shall prohibit a religious organization, association orsociety, or any nonprofit institution or organization operated, supervised orcontrolled by or in conjunction with a religious organization, association orsociety, from limiting the sale, rental or occupancy of real property which itowns or operates for other than a commercial purpose to persons of the samereligion, or from giving preference to such persons, unless membership in suchreligion is restricted on account of race, color, national origin or ancestry.Nor shall anything in this act prohibit a nonprofit private club in fact notopen to the public, which as an incident to its primary purpose or purposesprovides lodgings which it owns or operates for other than a commercialpurpose, from limiting the rental or occupancy of such lodgings to its membersor from giving preference to its members.

      (b)   Nothing in this act, other than the prohibitions against discriminatoryadvertising as provided in subsection (c) of K.S.A. 44-1016 and amendmentsthereto, shall apply to:

      (1)   The sale or rental of any single family house by an owner, providedthe following conditions are met:

      (A)   The owner does not own or have any interest in more than three singlefamily houses at any one time; and

      (B)   the house is sold or rented without the use of a real estate broker,agent or salesperson or the facilities of any person in the business of sellingor renting dwellings. If the owner selling the house does not reside in it atthe time of the sale or was not the most recent resident of the house prior tosuch sale, the exemption in this subsection applies to only one such sale inany 24-month period; or

      (2)   rooms or units in buildings containing living quarters occupied orintended to be occupied by no more than four families living independently ofeach other, if the owner actually maintains and occupies one of such livingquarters as the owner's residence.

      (c) (1)   Nothing in this act limits the applicability of any reasonablelocal, state or federal restrictions regarding the maximum number of occupantspermitted to occupy a dwelling. Nor does any provision in this act regardingfamilial status apply with respect to dwellings provided under any state orfederal program specifically designed and operated to assist elderly persons,as defined in the state or federal program, or to housing for older persons.

      (2)   As used in this subsection (c), "housing for older persons" meanshousing communities:

      (A)   Intended for, and at least 80% occupied by, at least oneperson 55years of age or older per unit and providing significant facilities andservices specifically designed to meet the physical or social needs of suchpersons; or

      (B)   intended for and occupied solely by persons 62 years of age orolder.

      (d)   Nothing in this act prohibits conduct against a person becausesuch person has been convicted two or more times by any court of competentjurisdiction of the illegal manufacture or distribution of a controlledsubstance as defined in section 102 of the federal controlled substancesact (21 U.S.C. 802).

      History:   L. 1970, ch. 193, § 4; L. 1991, ch. 147, § 10;L. 1992, ch. 142, § 2; July 1.

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19375

44-1018

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

      44-1018.   Same; application of act.(a) Nothing in this act shall prohibit a religious organization, association orsociety, or any nonprofit institution or organization operated, supervised orcontrolled by or in conjunction with a religious organization, association orsociety, from limiting the sale, rental or occupancy of real property which itowns or operates for other than a commercial purpose to persons of the samereligion, or from giving preference to such persons, unless membership in suchreligion is restricted on account of race, color, national origin or ancestry.Nor shall anything in this act prohibit a nonprofit private club in fact notopen to the public, which as an incident to its primary purpose or purposesprovides lodgings which it owns or operates for other than a commercialpurpose, from limiting the rental or occupancy of such lodgings to its membersor from giving preference to its members.

      (b)   Nothing in this act, other than the prohibitions against discriminatoryadvertising as provided in subsection (c) of K.S.A. 44-1016 and amendmentsthereto, shall apply to:

      (1)   The sale or rental of any single family house by an owner, providedthe following conditions are met:

      (A)   The owner does not own or have any interest in more than three singlefamily houses at any one time; and

      (B)   the house is sold or rented without the use of a real estate broker,agent or salesperson or the facilities of any person in the business of sellingor renting dwellings. If the owner selling the house does not reside in it atthe time of the sale or was not the most recent resident of the house prior tosuch sale, the exemption in this subsection applies to only one such sale inany 24-month period; or

      (2)   rooms or units in buildings containing living quarters occupied orintended to be occupied by no more than four families living independently ofeach other, if the owner actually maintains and occupies one of such livingquarters as the owner's residence.

      (c) (1)   Nothing in this act limits the applicability of any reasonablelocal, state or federal restrictions regarding the maximum number of occupantspermitted to occupy a dwelling. Nor does any provision in this act regardingfamilial status apply with respect to dwellings provided under any state orfederal program specifically designed and operated to assist elderly persons,as defined in the state or federal program, or to housing for older persons.

      (2)   As used in this subsection (c), "housing for older persons" meanshousing communities:

      (A)   Intended for, and at least 80% occupied by, at least oneperson 55years of age or older per unit and providing significant facilities andservices specifically designed to meet the physical or social needs of suchpersons; or

      (B)   intended for and occupied solely by persons 62 years of age orolder.

      (d)   Nothing in this act prohibits conduct against a person becausesuch person has been convicted two or more times by any court of competentjurisdiction of the illegal manufacture or distribution of a controlledsubstance as defined in section 102 of the federal controlled substancesact (21 U.S.C. 802).

      History:   L. 1970, ch. 193, § 4; L. 1991, ch. 147, § 10;L. 1992, ch. 142, § 2; July 1.


State Codes and Statutes

State Codes and Statutes

Statutes > Kansas > Chapter44 > Article10 > Statutes_19375

44-1018

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

      44-1018.   Same; application of act.(a) Nothing in this act shall prohibit a religious organization, association orsociety, or any nonprofit institution or organization operated, supervised orcontrolled by or in conjunction with a religious organization, association orsociety, from limiting the sale, rental or occupancy of real property which itowns or operates for other than a commercial purpose to persons of the samereligion, or from giving preference to such persons, unless membership in suchreligion is restricted on account of race, color, national origin or ancestry.Nor shall anything in this act prohibit a nonprofit private club in fact notopen to the public, which as an incident to its primary purpose or purposesprovides lodgings which it owns or operates for other than a commercialpurpose, from limiting the rental or occupancy of such lodgings to its membersor from giving preference to its members.

      (b)   Nothing in this act, other than the prohibitions against discriminatoryadvertising as provided in subsection (c) of K.S.A. 44-1016 and amendmentsthereto, shall apply to:

      (1)   The sale or rental of any single family house by an owner, providedthe following conditions are met:

      (A)   The owner does not own or have any interest in more than three singlefamily houses at any one time; and

      (B)   the house is sold or rented without the use of a real estate broker,agent or salesperson or the facilities of any person in the business of sellingor renting dwellings. If the owner selling the house does not reside in it atthe time of the sale or was not the most recent resident of the house prior tosuch sale, the exemption in this subsection applies to only one such sale inany 24-month period; or

      (2)   rooms or units in buildings containing living quarters occupied orintended to be occupied by no more than four families living independently ofeach other, if the owner actually maintains and occupies one of such livingquarters as the owner's residence.

      (c) (1)   Nothing in this act limits the applicability of any reasonablelocal, state or federal restrictions regarding the maximum number of occupantspermitted to occupy a dwelling. Nor does any provision in this act regardingfamilial status apply with respect to dwellings provided under any state orfederal program specifically designed and operated to assist elderly persons,as defined in the state or federal program, or to housing for older persons.

      (2)   As used in this subsection (c), "housing for older persons" meanshousing communities:

      (A)   Intended for, and at least 80% occupied by, at least oneperson 55years of age or older per unit and providing significant facilities andservices specifically designed to meet the physical or social needs of suchpersons; or

      (B)   intended for and occupied solely by persons 62 years of age orolder.

      (d)   Nothing in this act prohibits conduct against a person becausesuch person has been convicted two or more times by any court of competentjurisdiction of the illegal manufacture or distribution of a controlledsubstance as defined in section 102 of the federal controlled substancesact (21 U.S.C. 802).

      History:   L. 1970, ch. 193, § 4; L. 1991, ch. 147, § 10;L. 1992, ch. 142, § 2; July 1.