§ 18-115. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Business means any person or entity, with four or more employees, conducting business within the city which is required to obtain a license or permit pursuant to the provisions of this Code, and all departments, boards and agencies of the Unified Government. For purposes of this article, no religious organization, private fraternal and benevolent association or society, non-profit private club, agency or department of the Unified Government, or school district, as defined in K.S.A. 72-8201 et seq., and amendments thereto, shall be considered to be a business (notwithstanding licensure by the Unified Government).

Chairperson means the person chairing the human relations commission created by this chapter.

Complainant means the person (including the chairman of the commission) who files a complaint under section 18-119(a).

Conciliation means the attempted resolution of issues by a complaint or by the investigation of such complaint through informal negotiations involving the aggrieved person, the respondent and the director.

Conciliation agreement means a written agreement setting forth the resolution of the issues in conciliation.

Director means the director of the human resources department.

Disability means, with respect to a person:

(1)

A physical or mental impairment that substantially limits one or more of such person's major life activities;

(2)

A record of having such an impairment; or

(3)

Being regarded as having such an impairment, but such term does not include current, illegal use of or addiction to a controlled substance as defined in 21 USC 802.

Discriminatory housing practice means any act that is unlawful under this division or any state or federal statute or regulation, including, but not limited to, the following: K.S.A. 44-1015a, 44-1016, 44-1017, title VII of the Civil Rights Act of 1968 as amended, title VIII of the Civil Rights Act of 1968, as amended, title VI of the Civil Rights Act of 1968, as amended, Executive Order 11063; and the Civil Rights Act of 1866.

Dwelling means any building, structure, or portion thereof which is occupied as or designed or intended for occupancy as a residence by one or more families, and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof.

Employee means any person authorized to perform services for any business within Wyandotte County, and includes an officer, employee or elected official of the United States, a state, territory, or any political subdivision thereof or any agency or instrumentality thereof, and an officer of a corporation. Employee does not include any individual employed by such individual's parents, spouse or child or in the domestic service of any person.

Familial status means one or more individuals (who have not attained the age of 18 years) being domiciled with:

(1)

A parent or another person having legal custody of such individual or individuals; or

(2)

The designee of such parent or other person having such custody, with the written permission of such parent or other person.

Gender identity means consistently having and/or expressing a self-image or identity not traditionally associated with their biological sex.

Housing for older persons means housing:

(1)

Provided under any governmental program that the Secretary of Housing and Urban Development determines, in his sole discretion, is specifically designed and operated to assist elderly persons (as defined by the governmental program).

(2)

Intended for and solely occupied by persons 62 years of age or older; or

(3)

Intended and operated for occupancy by at least one person 55 years of age or older per unit. In determining whether housing qualifies as housing for older persons under this division, the director shall follow applicable regulations developed by the United States Secretary of Housing and Urban Development and 42 USC 3607(b), as amended.

Military status means a person who is serving or has served in the uniformed services, and who, if discharged or released under conditions other than dishonorable, as specified in 38 U.S.C. 101(2), or amendments thereto. Uniformed services is defined as set forth in 20 C.F.R. 1002.5(o), or amendments thereto.

Person aggrieved means any person claiming to have been injured by a discriminatory housing practice or who anticipates being injured by a discriminatory housing practice that is about to occur.

Real property means and includes:

(1)

All vacant or unimproved land.

(2)

Any building or structure which is occupied or designed or intended for occupancy, or any building or structure having a portion thereof which is occupied or designed or intended for occupancy.

Rent, when used as a verb, means to lease, sublease, let and otherwise grant for a consideration the right to occupy premises not owned by the occupant.

Rental housing means any real property, consisting of more than four dwelling units, which is required to obtain a license or permit pursuant to the provisions of this Code.

Respondent means:

(1)

The person or other entity accused in a complaint of an unfair housing practice; and

(2)

Any other person identified in the course of investigation and notified as required with respect to respondents so identified under section 18-119(b).

Sexual orientation means an individual's real orientation or orientation perceived by another as heterosexual, homosexual, bisexual or asexual.

(Code 1964, § 11-25; Code 1988, §§ 18-71, 18-75; Ord. No. 54685, § 1, 3-4-1976; Ord. No. 65813, § 4, 7-1-1993; Ord. No. 65972, § 3, 12-22-1994; Ord. No. O-23-18 , §§ 1, 2, 5-31-2018)

State law reference

Similar provisions, K.S.A. 44-1015.

Cross reference

Definitions generally, § 1-2.