44-1019.Same; complaints; referral to localauthority, when; investigation; administrative proceedings; election to fileaction in court; administrative remedial orders.(a) The authority and responsibility for administering this act shall be in thecommission. Any person aggrieved may file a verified complaint with thecommission. Such complaints shall be in writing, shall state the facts uponwhich the allegations of a discriminatory housing practice are based and shallcontain such other information and be in such form as the commission mayrequire. Complaints must be filed within one year after the allegeddiscriminatory housing practice occurred, but may be reasonably and fairlyamended at any time. The commission upon its own initiative or the attorneygeneral may, in like manner, make, sign and file such complaint. A respondentmay file a verified answer to the complaint against the respondent andwith the leave of the commission, which shall be granted whenever it would bereasonable and fair to do so, may amend the answer filed by the respondent atany time.
(b) Upon receipt of any such complaint the commission shall serve noticeupon the aggrieved person acknowledging such filing and advising the aggrievedperson of the time limits and choice of forums provided underthis act; and thecommission shall within 10 days thereof serve on the respondent a noticeidentifying the alleged discriminatory housing practice and advising suchrespondent of the procedural rights and obligations of respondents under thisact, together with a copy of the original complaint. Service of the noticeshall be made in the manner prescribed by the code of civil procedure.
(c) Whenever a local fair housing ordinance provides rights and remedies foralleged discriminatory housing practices which are, in the judgment of thecommission, substantially equivalent to the rights and remedies provided inthis act, the commission shall refer to the appropriate local agency anycomplaint filed under this act which appears to constitute a violation of suchlocal fair housing ordinance. The commission shall take no further action withrespect to such complaint until 30 days have elapsed since the complaint wasreferred to the local agency, or the local agency has completed itsinvestigation, or the local agency requests the commission to assumejurisdiction or to assist it, whichever occurs first. The local agency shallinform the commission in writing of the status of the referred complaint at theend of the referral period or when the local agency has completed itsinvestigation, whichever occurs first. The commission may take further actionon the complaint if in its judgment the protection of the rights of the partiesor the interests of justice require such action.
(d) A person who is not named as a respondent in a complaint, but whois identified as a respondent in the course of investigation, may be joinedas an additional or substitute respondent upon written notice, undersubsections (a) and (b), to such person, from the commission.
(e) (1) If a complaint is not referred to a local agency as provided insubsection (b), or after the commission assumes jurisdiction of a complaintfollowing such referral, the commission shall promptly commence aninvestigation thereof, in the manner provided in K.S.A. 44-1005, andamendmentsthereto, for investigating complaints of violations of the Kansas actagainstdiscrimination, and complete such investigation, including conciliation, within100 days after the filing of the complaint or, when the commission takesfurther action under subsection (c), within 100 days after the commissionassumes jurisdiction of a complaint, unless it is impracticable to do so.
(2) If the commission is unable to complete the investigation within100 days, or when the commission takes further action under subsection (c),within 100 days after the commission assumes jurisdiction of a complaint,the commission shall inform the parties in writing of the reasons for not doingso.
(3) The commission shall make final administrative disposition withinone year after the filing of the complaint or, when the commission takesfurther action under subsection (c), within one year after the commissionassumes jurisdiction of a complaint, unless it is impracticable to do so.
(4) If the commission is unable to make final administrative disposition ofthe complaint within one year of the date of filing, or whenthe commission takes further action under subsection (c), within one yearafter the commission assumes jurisdiction of a complaint, the commissionshall inform the parties in writing of the reasons for not doing so.
(f) (1) If it is determined that probable cause exists for creditingthe allegations of the complaint, the commission shall serve written notice ofsuch determination on the person aggrieved. The commission shall proceed to tryto eliminate or correct the alleged discriminatory housing practice byinformal methods of conference, conciliation and persuasion which shallbe held, insofar as possible, in the cities or other localities wherethe alleged discriminatory housing practices have occurred or are aboutto occur. The commission is hereby authorized to enter into formalconciliation agreement which shall include the person aggrieved and therespondent as signatories. Such agreements may include in the provisionsthereof any term or condition which may be included in a final order ofthe commission. Each conciliation agreement shall be made public unless theperson aggrieved and respondent otherwise agree and the commission determinesthat disclosure is not required to further the purposes of this act.
(2) Any of the parties to a conciliation agreement may apply to the districtcourt of the county where the alleged discriminatory housing practice occurred,or was about to occur, for specific performance of any such agreement.
(g) If the commission is unable to eliminate or correct the allegeddiscriminatory housing practice by informal methods of conference, conciliationand persuasion, a hearing may be held before the commission in the mannerprovided in K.S.A. 44-1005, and amendments thereto, for holdinghearings underthe Kansas act against discrimination. In any such hearing, the burden of proofshall be on the complainant.
(h) In lieu of a hearing under subsection (g), a complainant, a respondentor anaggrieved person on whose behalf the complaint was filed may elect to have theclaims asserted in the complaint decided in a civil action as provided insubsection (d) of K.S.A. 44-1021, and amendments thereto. The electionmust be made not later than 20days after the receipt by the electing person of service in the manner providedin K.S.A. 44-1005, and amendments thereto, or, in the case of anelection by thecommission, not later than 20 days after such service. The person making theelection shall give notice to the commission and to all other complainants andrespondents to whom the complaint relates. If a timely election is made underthis subsection, the commission shall file, not later than30 daysafter theelection is made, a civil action as provided in subsection (d) of K.S.A.44-1021, and amendments thereto.
(i) If an election is not made under subsection (h) and the commissionfindsthat a respondent hasengaged in or is engaging in any discriminatory housing practice, thecommission shall render an order requiring the respondent to cease and desistfrom such discriminatory housing practice, and such order may direct arespondent to take such affirmative action as the commission deems necessary toeffectuate the intent and purposes of this act, including, but not limited to,the selling or renting of specified real property and the lending of money forthe acquisition, construction, rehabilitation, repair or maintenance of realproperty. Such order may also include an award of actualdamages, including damages caused by pain, sufferingand humiliation. Such order may also, to vindicate the public interest, assessacivil penalty against the respondent:
(1) In an amount not exceeding $10,000, if the respondent has not beenadjudged to have committed any prior discriminatory housing practice;
(2) subject to the provisions of subsection (i)(4), in an amount notexceeding $25,000, if the respondent has been adjudged to have committed oneother discriminatory housing practice during the five-year period ending on thedate of the filing of the complaint;
(3) subject to the provisions of subsection (i)(4), in an amount notexceeding $50,000, if the respondent has been adjudged to have committed two ormore discriminatory housing practices during the seven-year period ending onthe date of the filing of the complaint; and
(4) if the acts constituting the discriminatory housing practice that isthe object of the complaint are committed by the same natural person who hasbeen previously adjudged to have committed acts constituting a discriminatoryhousing practice in the amounts provided by subsections (i)(2) and (i)(3)without regard to the period of time within which any subsequent discriminatoryhousing practice occurred.
Any such civil penaltyshall be remitted to the state treasurer in accordance withthe provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of eachsuch remittance, the state treasurer shall deposit the entire amount in thestate treasury to the credit of thestate general fund.
(j) Within 15 days after an order is served by the commissionrequiring orprohibiting action by a respondent, the respondent shall notify the commissionin writing of the manner in which the respondent has complied with the order.
(k) In the case of an order with respect to a discriminatoryhousingpractice that occurred in the course of a business subject to a licensingor regulation by a state agency, the commission shall, not later than 30days after the respondent has complied with the order, or, if such order isjudicially reviewed under K.S.A. 44-1021, and amendments thereto, 30daysafter such order is in substance affirmed upon such review:
(1) Send copies of the findings of fact, conclusions of law, and theorder, to that state agency; and
(2) recommend to the state agency appropriate disciplinary action,including, where appropriate, the suspension or revocation of the licenseof the respondent.
History: L. 1970, ch. 193, § 5; L. 1972, ch. 194, § 10;L. 1984, ch. 186, § 2; L. 1988, ch. 356, § 151; L. 1991, ch. 147,§ 11;L. 1992, ch. 142, § 3;L. 2001, ch. 5, § 146; July 1.
44-1019.Same; complaints; referral to localauthority, when; investigation; administrative proceedings; election to fileaction in court; administrative remedial orders.(a) The authority and responsibility for administering this act shall be in thecommission. Any person aggrieved may file a verified complaint with thecommission. Such complaints shall be in writing, shall state the facts uponwhich the allegations of a discriminatory housing practice are based and shallcontain such other information and be in such form as the commission mayrequire. Complaints must be filed within one year after the allegeddiscriminatory housing practice occurred, but may be reasonably and fairlyamended at any time. The commission upon its own initiative or the attorneygeneral may, in like manner, make, sign and file such complaint. A respondentmay file a verified answer to the complaint against the respondent andwith the leave of the commission, which shall be granted whenever it would bereasonable and fair to do so, may amend the answer filed by the respondent atany time.
(b) Upon receipt of any such complaint the commission shall serve noticeupon the aggrieved person acknowledging such filing and advising the aggrievedperson of the time limits and choice of forums provided underthis act; and thecommission shall within 10 days thereof serve on the respondent a noticeidentifying the alleged discriminatory housing practice and advising suchrespondent of the procedural rights and obligations of respondents under thisact, together with a copy of the original complaint. Service of the noticeshall be made in the manner prescribed by the code of civil procedure.
(c) Whenever a local fair housing ordinance provides rights and remedies foralleged discriminatory housing practices which are, in the judgment of thecommission, substantially equivalent to the rights and remedies provided inthis act, the commission shall refer to the appropriate local agency anycomplaint filed under this act which appears to constitute a violation of suchlocal fair housing ordinance. The commission shall take no further action withrespect to such complaint until 30 days have elapsed since the complaint wasreferred to the local agency, or the local agency has completed itsinvestigation, or the local agency requests the commission to assumejurisdiction or to assist it, whichever occurs first. The local agency shallinform the commission in writing of the status of the referred complaint at theend of the referral period or when the local agency has completed itsinvestigation, whichever occurs first. The commission may take further actionon the complaint if in its judgment the protection of the rights of the partiesor the interests of justice require such action.
(d) A person who is not named as a respondent in a complaint, but whois identified as a respondent in the course of investigation, may be joinedas an additional or substitute respondent upon written notice, undersubsections (a) and (b), to such person, from the commission.
(e) (1) If a complaint is not referred to a local agency as provided insubsection (b), or after the commission assumes jurisdiction of a complaintfollowing such referral, the commission shall promptly commence aninvestigation thereof, in the manner provided in K.S.A. 44-1005, andamendmentsthereto, for investigating complaints of violations of the Kansas actagainstdiscrimination, and complete such investigation, including conciliation, within100 days after the filing of the complaint or, when the commission takesfurther action under subsection (c), within 100 days after the commissionassumes jurisdiction of a complaint, unless it is impracticable to do so.
(2) If the commission is unable to complete the investigation within100 days, or when the commission takes further action under subsection (c),within 100 days after the commission assumes jurisdiction of a complaint,the commission shall inform the parties in writing of the reasons for not doingso.
(3) The commission shall make final administrative disposition withinone year after the filing of the complaint or, when the commission takesfurther action under subsection (c), within one year after the commissionassumes jurisdiction of a complaint, unless it is impracticable to do so.
(4) If the commission is unable to make final administrative disposition ofthe complaint within one year of the date of filing, or whenthe commission takes further action under subsection (c), within one yearafter the commission assumes jurisdiction of a complaint, the commissionshall inform the parties in writing of the reasons for not doing so.
(f) (1) If it is determined that probable cause exists for creditingthe allegations of the complaint, the commission shall serve written notice ofsuch determination on the person aggrieved. The commission shall proceed to tryto eliminate or correct the alleged discriminatory housing practice byinformal methods of conference, conciliation and persuasion which shallbe held, insofar as possible, in the cities or other localities wherethe alleged discriminatory housing practices have occurred or are aboutto occur. The commission is hereby authorized to enter into formalconciliation agreement which shall include the person aggrieved and therespondent as signatories. Such agreements may include in the provisionsthereof any term or condition which may be included in a final order ofthe commission. Each conciliation agreement shall be made public unless theperson aggrieved and respondent otherwise agree and the commission determinesthat disclosure is not required to further the purposes of this act.
(2) Any of the parties to a conciliation agreement may apply to the districtcourt of the county where the alleged discriminatory housing practice occurred,or was about to occur, for specific performance of any such agreement.
(g) If the commission is unable to eliminate or correct the allegeddiscriminatory housing practice by informal methods of conference, conciliationand persuasion, a hearing may be held before the commission in the mannerprovided in K.S.A. 44-1005, and amendments thereto, for holdinghearings underthe Kansas act against discrimination. In any such hearing, the burden of proofshall be on the complainant.
(h) In lieu of a hearing under subsection (g), a complainant, a respondentor anaggrieved person on whose behalf the complaint was filed may elect to have theclaims asserted in the complaint decided in a civil action as provided insubsection (d) of K.S.A. 44-1021, and amendments thereto. The electionmust be made not later than 20days after the receipt by the electing person of service in the manner providedin K.S.A. 44-1005, and amendments thereto, or, in the case of anelection by thecommission, not later than 20 days after such service. The person making theelection shall give notice to the commission and to all other complainants andrespondents to whom the complaint relates. If a timely election is made underthis subsection, the commission shall file, not later than30 daysafter theelection is made, a civil action as provided in subsection (d) of K.S.A.44-1021, and amendments thereto.
(i) If an election is not made under subsection (h) and the commissionfindsthat a respondent hasengaged in or is engaging in any discriminatory housing practice, thecommission shall render an order requiring the respondent to cease and desistfrom such discriminatory housing practice, and such order may direct arespondent to take such affirmative action as the commission deems necessary toeffectuate the intent and purposes of this act, including, but not limited to,the selling or renting of specified real property and the lending of money forthe acquisition, construction, rehabilitation, repair or maintenance of realproperty. Such order may also include an award of actualdamages, including damages caused by pain, sufferingand humiliation. Such order may also, to vindicate the public interest, assessacivil penalty against the respondent:
(1) In an amount not exceeding $10,000, if the respondent has not beenadjudged to have committed any prior discriminatory housing practice;
(2) subject to the provisions of subsection (i)(4), in an amount notexceeding $25,000, if the respondent has been adjudged to have committed oneother discriminatory housing practice during the five-year period ending on thedate of the filing of the complaint;
(3) subject to the provisions of subsection (i)(4), in an amount notexceeding $50,000, if the respondent has been adjudged to have committed two ormore discriminatory housing practices during the seven-year period ending onthe date of the filing of the complaint; and
(4) if the acts constituting the discriminatory housing practice that isthe object of the complaint are committed by the same natural person who hasbeen previously adjudged to have committed acts constituting a discriminatoryhousing practice in the amounts provided by subsections (i)(2) and (i)(3)without regard to the period of time within which any subsequent discriminatoryhousing practice occurred.
Any such civil penaltyshall be remitted to the state treasurer in accordance withthe provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of eachsuch remittance, the state treasurer shall deposit the entire amount in thestate treasury to the credit of thestate general fund.
(j) Within 15 days after an order is served by the commissionrequiring orprohibiting action by a respondent, the respondent shall notify the commissionin writing of the manner in which the respondent has complied with the order.
(k) In the case of an order with respect to a discriminatoryhousingpractice that occurred in the course of a business subject to a licensingor regulation by a state agency, the commission shall, not later than 30days after the respondent has complied with the order, or, if such order isjudicially reviewed under K.S.A. 44-1021, and amendments thereto, 30daysafter such order is in substance affirmed upon such review:
(1) Send copies of the findings of fact, conclusions of law, and theorder, to that state agency; and
(2) recommend to the state agency appropriate disciplinary action,including, where appropriate, the suspension or revocation of the licenseof the respondent.
History: L. 1970, ch. 193, § 5; L. 1972, ch. 194, § 10;L. 1984, ch. 186, § 2; L. 1988, ch. 356, § 151; L. 1991, ch. 147,§ 11;L. 1992, ch. 142, § 3;L. 2001, ch. 5, § 146; July 1.
44-1019.Same; complaints; referral to localauthority, when; investigation; administrative proceedings; election to fileaction in court; administrative remedial orders.(a) The authority and responsibility for administering this act shall be in thecommission. Any person aggrieved may file a verified complaint with thecommission. Such complaints shall be in writing, shall state the facts uponwhich the allegations of a discriminatory housing practice are based and shallcontain such other information and be in such form as the commission mayrequire. Complaints must be filed within one year after the allegeddiscriminatory housing practice occurred, but may be reasonably and fairlyamended at any time. The commission upon its own initiative or the attorneygeneral may, in like manner, make, sign and file such complaint. A respondentmay file a verified answer to the complaint against the respondent andwith the leave of the commission, which shall be granted whenever it would bereasonable and fair to do so, may amend the answer filed by the respondent atany time.
(b) Upon receipt of any such complaint the commission shall serve noticeupon the aggrieved person acknowledging such filing and advising the aggrievedperson of the time limits and choice of forums provided underthis act; and thecommission shall within 10 days thereof serve on the respondent a noticeidentifying the alleged discriminatory housing practice and advising suchrespondent of the procedural rights and obligations of respondents under thisact, together with a copy of the original complaint. Service of the noticeshall be made in the manner prescribed by the code of civil procedure.
(c) Whenever a local fair housing ordinance provides rights and remedies foralleged discriminatory housing practices which are, in the judgment of thecommission, substantially equivalent to the rights and remedies provided inthis act, the commission shall refer to the appropriate local agency anycomplaint filed under this act which appears to constitute a violation of suchlocal fair housing ordinance. The commission shall take no further action withrespect to such complaint until 30 days have elapsed since the complaint wasreferred to the local agency, or the local agency has completed itsinvestigation, or the local agency requests the commission to assumejurisdiction or to assist it, whichever occurs first. The local agency shallinform the commission in writing of the status of the referred complaint at theend of the referral period or when the local agency has completed itsinvestigation, whichever occurs first. The commission may take further actionon the complaint if in its judgment the protection of the rights of the partiesor the interests of justice require such action.
(d) A person who is not named as a respondent in a complaint, but whois identified as a respondent in the course of investigation, may be joinedas an additional or substitute respondent upon written notice, undersubsections (a) and (b), to such person, from the commission.
(e) (1) If a complaint is not referred to a local agency as provided insubsection (b), or after the commission assumes jurisdiction of a complaintfollowing such referral, the commission shall promptly commence aninvestigation thereof, in the manner provided in K.S.A. 44-1005, andamendmentsthereto, for investigating complaints of violations of the Kansas actagainstdiscrimination, and complete such investigation, including conciliation, within100 days after the filing of the complaint or, when the commission takesfurther action under subsection (c), within 100 days after the commissionassumes jurisdiction of a complaint, unless it is impracticable to do so.
(2) If the commission is unable to complete the investigation within100 days, or when the commission takes further action under subsection (c),within 100 days after the commission assumes jurisdiction of a complaint,the commission shall inform the parties in writing of the reasons for not doingso.
(3) The commission shall make final administrative disposition withinone year after the filing of the complaint or, when the commission takesfurther action under subsection (c), within one year after the commissionassumes jurisdiction of a complaint, unless it is impracticable to do so.
(4) If the commission is unable to make final administrative disposition ofthe complaint within one year of the date of filing, or whenthe commission takes further action under subsection (c), within one yearafter the commission assumes jurisdiction of a complaint, the commissionshall inform the parties in writing of the reasons for not doing so.
(f) (1) If it is determined that probable cause exists for creditingthe allegations of the complaint, the commission shall serve written notice ofsuch determination on the person aggrieved. The commission shall proceed to tryto eliminate or correct the alleged discriminatory housing practice byinformal methods of conference, conciliation and persuasion which shallbe held, insofar as possible, in the cities or other localities wherethe alleged discriminatory housing practices have occurred or are aboutto occur. The commission is hereby authorized to enter into formalconciliation agreement which shall include the person aggrieved and therespondent as signatories. Such agreements may include in the provisionsthereof any term or condition which may be included in a final order ofthe commission. Each conciliation agreement shall be made public unless theperson aggrieved and respondent otherwise agree and the commission determinesthat disclosure is not required to further the purposes of this act.
(2) Any of the parties to a conciliation agreement may apply to the districtcourt of the county where the alleged discriminatory housing practice occurred,or was about to occur, for specific performance of any such agreement.
(g) If the commission is unable to eliminate or correct the allegeddiscriminatory housing practice by informal methods of conference, conciliationand persuasion, a hearing may be held before the commission in the mannerprovided in K.S.A. 44-1005, and amendments thereto, for holdinghearings underthe Kansas act against discrimination. In any such hearing, the burden of proofshall be on the complainant.
(h) In lieu of a hearing under subsection (g), a complainant, a respondentor anaggrieved person on whose behalf the complaint was filed may elect to have theclaims asserted in the complaint decided in a civil action as provided insubsection (d) of K.S.A. 44-1021, and amendments thereto. The electionmust be made not later than 20days after the receipt by the electing person of service in the manner providedin K.S.A. 44-1005, and amendments thereto, or, in the case of anelection by thecommission, not later than 20 days after such service. The person making theelection shall give notice to the commission and to all other complainants andrespondents to whom the complaint relates. If a timely election is made underthis subsection, the commission shall file, not later than30 daysafter theelection is made, a civil action as provided in subsection (d) of K.S.A.44-1021, and amendments thereto.
(i) If an election is not made under subsection (h) and the commissionfindsthat a respondent hasengaged in or is engaging in any discriminatory housing practice, thecommission shall render an order requiring the respondent to cease and desistfrom such discriminatory housing practice, and such order may direct arespondent to take such affirmative action as the commission deems necessary toeffectuate the intent and purposes of this act, including, but not limited to,the selling or renting of specified real property and the lending of money forthe acquisition, construction, rehabilitation, repair or maintenance of realproperty. Such order may also include an award of actualdamages, including damages caused by pain, sufferingand humiliation. Such order may also, to vindicate the public interest, assessacivil penalty against the respondent:
(1) In an amount not exceeding $10,000, if the respondent has not beenadjudged to have committed any prior discriminatory housing practice;
(2) subject to the provisions of subsection (i)(4), in an amount notexceeding $25,000, if the respondent has been adjudged to have committed oneother discriminatory housing practice during the five-year period ending on thedate of the filing of the complaint;
(3) subject to the provisions of subsection (i)(4), in an amount notexceeding $50,000, if the respondent has been adjudged to have committed two ormore discriminatory housing practices during the seven-year period ending onthe date of the filing of the complaint; and
(4) if the acts constituting the discriminatory housing practice that isthe object of the complaint are committed by the same natural person who hasbeen previously adjudged to have committed acts constituting a discriminatoryhousing practice in the amounts provided by subsections (i)(2) and (i)(3)without regard to the period of time within which any subsequent discriminatoryhousing practice occurred.
Any such civil penaltyshall be remitted to the state treasurer in accordance withthe provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of eachsuch remittance, the state treasurer shall deposit the entire amount in thestate treasury to the credit of thestate general fund.
(j) Within 15 days after an order is served by the commissionrequiring orprohibiting action by a respondent, the respondent shall notify the commissionin writing of the manner in which the respondent has complied with the order.
(k) In the case of an order with respect to a discriminatoryhousingpractice that occurred in the course of a business subject to a licensingor regulation by a state agency, the commission shall, not later than 30days after the respondent has complied with the order, or, if such order isjudicially reviewed under K.S.A. 44-1021, and amendments thereto, 30daysafter such order is in substance affirmed upon such review:
(1) Send copies of the findings of fact, conclusions of law, and theorder, to that state agency; and
(2) recommend to the state agency appropriate disciplinary action,including, where appropriate, the suspension or revocation of the licenseof the respondent.
History: L. 1970, ch. 193, § 5; L. 1972, ch. 194, § 10;L. 1984, ch. 186, § 2; L. 1988, ch. 356, § 151; L. 1991, ch. 147,§ 11;L. 1992, ch. 142, § 3;L. 2001, ch. 5, § 146; July 1.
