§ 18-117. Exemptions.

(a)

Nothing in this division shall prohibit a religious organization, association or society, or any nonprofit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rental or occupancy of a dwelling which it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons, unless membership in such religion is restricted on account of race, color, national origin, disability, sexual orientation, gender identity or ancestry. Nothing in this division prohibits a nonprofit private club in fact not open to the public, which as an incident to its primary purpose or purposes provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to its members or from giving preference to its members.

(b)

Section 18-118(a)(1), (a)(2), (a)(4) and (a)(5) shall not apply to rooms or units in a dwelling containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of such living quarters as such owner's residence.

(c)

Nothing in this division limits the applicability of any reasonable, local, state or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. No provisions of this division regarding familial status apply with respect to housing for older persons.

(d)

Nothing in this division prohibits conduct against a person because such person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance, as defined in 21 USC 802.

(Code 1964, § 11-26(3); Code 1988, § 18-73; Ord. No. 54685, § 1, 3-4-1976; Ord. No. 65813, § 2, 7-1-1993; Ord. No. 65972, § 1, 12-22-1994; Ord. No. 66146, § 1, 9-16-1996; Ord. No. O-23-18 , §§ 1, 2, 5-31-2018)

State law reference

Similar provisions, K.S.A. 44-1018.