§ 18-118. Discrimination in sale, rental, etc.

(a)

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

Covered multifamily dwellings means:

(1)

Buildings consisting of four or more units if such buildings have one or more elevators; and

(2)

Ground floor units in other buildings consisting of four or more units.

Real estate related transaction means any of the following:

(1)

The making or purchasing of loans or providing other financial assistance:

a.

For purchasing, constructing, improving, repairing or maintaining a dwelling; or

b.

Secured by residential real estate.

(2)

The selling, brokering or appraising of residential dwellings.

(b)

It shall be unlawful for any person:

(1)

To refuse to sell or rent, after the making of a bona fide offer, to fail to transmit a bona fide offer or to refuse to negotiate in good faith for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, religion, color, sex, disability, national origin or ancestry, sexual orientation, gender identity, or familial status.

(2)

To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services of facilities in connection therewith because of race, religion, color, sex, disability, national origin or ancestry, sexual orientation, gender identity, or familial status.

(3)

To make, print, publish, disseminate, use, or cause to be made, printed, published, disseminated or used any notice, statement, advertisement or application, with respect to the sale or rental of a dwelling, that indicates any preference, limitation, specification or discrimination based on race, religion, color, sex, disability, national origin or ancestry, sexual orientation, gender identity or familial status, or an intention to make any such preference, limitation, specification or discrimination.

(4)

To represent to any person, because of race, religion, color, sex, disability, national origin or ancestry, sexual orientation, gender identity, or familial status, that any dwelling is not available for inspection, sale or rental when such dwelling is, in fact, available.

(5)

For profit, to induce or attempt to induce any person to sell or rent any dwelling by representation regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, disability, national origin or ancestry, sexual orientation, gender identity, or familial status.

(6)

To deny any person access to or membership or participation in any multi-listing service, real estate broker's organization or other service, organization or facility relating to the business of selling or renting a dwelling, or to discriminate against a person in the terms of conditions of such access, membership or participation because of race, religion, color, sex, disability, national origin or ancestry, sexual orientation, gender identity, or familial status.

(7)

To discriminate against any person in such person's use or occupancy of a dwelling because of the race, religion, color, sex, disability, familial status, sexual orientation, gender identity, national origin or ancestry of the people with whom such person associates.

(8)

To discriminate in the sale or rental, or to otherwise make unavailable or deny, a dwelling to any buyer or renter because of a disability of:

a.

That buyer or renter;

b.

A person residing in or intending to reside in that dwelling after it is sold, rented or made available; or

c.

Any person associated with that buyer or renter.

(9)

To discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling or in the provision of services or facilities in connection with such dwelling because of a disability of:

a.

That person;

b.

A person residing in or intending to reside in that dwelling after it is so sold, rented or made available; or

c.

Any person associated with that person.

(10)

Whose business includes engaging in real estate related transactions to discriminate against any person making available such a transaction or in the terms or conditions of such a transaction because of the race, religion, color, sex, disability, familial status, sexual orientation, gender identity, national origin or ancestry of such person or of any person associated with such person in connection with any real estate related transaction.

(11)

Whose business includes engaging in real estate related transactions to discriminate against any person in making available such a transaction or in the terms or conditions of such a transaction because of the race, religion, color, sex, disability, familial status, or national origin or ancestry of such person or of any person associated with such person in connection with any real estate related transaction. Nothing in this subsection prohibits a person engaged in the business of furnishing appraisals of real property to take into consideration factors other than race, religion, color, sex, disability, familial status, sexual orientation, gender identity, national origin or ancestry. As used in this subsection, the term "real estate related transaction" means any of the following:

a.

The making or purchasing of loans or providing other financial assistance for purchasing, constructing, improving, repairing or maintaining a dwelling, or secured by real property.

b.

The selling, brokering or appraising of real property.

(12)

To coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, on account of such person's having exercised or enjoyed, or on account of such person's having aided or encouraged any other person in the exercise or enjoyment of, any right granted or protected in this chapter.

(c)

For purposes of this section, discrimination includes:

(1)

A refusal to permit, at the expense of the person with a disability, reasonable modifications of existing premises occupied or to be occupied by such person if such modifications may be necessary to afford such person full enjoyment of the premises, except that, in the case of a rental, the landlord may, where it is reasonable to do so, condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(2)

A refusal to make reasonable accommodations in rules, policies, practices or services when such accommodations may be necessary to afford such person equal opportunity to use and enjoy a dwelling; or

(3)

In connection with the design and construction of covered multifamily dwellings for first occupancy on and after March 13, 1991, a failure to design and construct such dwelling in such a manner that the dwellings have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site. With respect to dwellings with the building entrance on an accessible route, the following are required:

a.

The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities;

b.

All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by disabled persons who are in wheelchairs; and

c.

All premises within such dwellings contain the following features of adaptive design:

1.

An accessible route into and through the dwelling;

2.

Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

3.

Reinforcements in bathroom walls to allow later installation of grab bars; and

4.

Usable kitchen and bathrooms such that an individual in a wheelchair can maneuver about the space.

Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people, commonly cited as "ANSI 117.1," suffices to satisfy the requirements of subsection (b)(3)b. of this section.

(d)

Nothing in this section prohibits a person engaged in the business of furnishing appraisals of dwellings to take into consideration factors other than race, religion, color, sex, disability, sexual orientation, gender identity, familial status, national origin or ancestry.

(Code 1964, § 11-26(1); Code 1988, § 18-74; Ord. No. 54685, § 1, 3-4-1976; Ord. No. 65813, § 3, 7-1-1993; Ord. No. 65972, § 2, 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. 44-1016.

Cross reference

Residential rental dwellings, § 19-225 et seq.