Chapter VIII · Health and Welfare

ARTICLE 7. FAIR HOUSING

Sections 8-701 to 8-706 · 6 sections

8-701 Purpose.

To promote nondiscrimination, equal opportunity and fair housing for all persons in the city and pursuant to K.S.A. 44-1015 to 44-1023 inclusive, and 44-1026 to 44-1028, concerning Fair Housing Provisions for the State of Kansas, this fair housing article has been formulated to provide a form of recourse for victims of housing discrimination within the city. This course of action shall be provided to any resident of the city or citizen of the United States of America without regard for that person’s race, religion, color, sex, national origin, ancestry, or age.

(Ord. 129)

8-702 Definitions.

(a)Financial Institution — Any person regularly engaged in the business of lending money or guaranteeing loans on housing accommodations or real property.

(b)Housing Accommodations — Any building or portion thereof, whether such building or portion is constructed or is to be constructed, which is used or intended for use as the residence or sleeping place of one or more persons. Housing accommodations shall not mean or include:

(1)The rental of a dwelling, or portion thereof, containing accommodations for no more than five families, one of which is occupied by the owner of his or her family at the time of the rental.

(2)The rental of rooms in one-family dwelling to another person or persons by the owner or occupant of such accommodation in which he, she or members of his or her family reside.

(c)Owner — Includes the owner, lessee, sub lessee, assignee, manager, agent, or other person, firm or corporation, having the right to sell, rent or lease any housing accommodations or real property within the corporate limits of the city.

(d)Person — One or more individuals, partnerships or other organizations, corporations. Legal representatives, trustees, trustees on bankruptcy and receivers.

(e)Real Estate Broker — Any person who, for a fee or other valuable consideration, sells, purchases, exchanges, rents, negotiates, offers or attempts to negotiate the sale, purchase, exchange, or rental of housing accommodations or real property of another person.

(f)Real Estate Salesmen or Agent — Any person employed by a real estate broker to perform or to assist in the performance of, any or all of the function of a real estate broker.

(g)Real Property — Includes all real estate, leaseholds, and any vacant land offered for sale or rent.

(h)Unlawful Discriminatory Housing Practice — any discrimination or segregation or separation against any person or group of persons because of race, color, sex, religion, national origin or ancestry, and shall include only those unlawful practices and acts as set forth in this article.

(Ord. 129, Sec 2)

8-703 Real estate; non-discrimination.

All real estate for sale within the corporate city limits shall be made available to any and all potential purchasers without regard for race, religion, color, sex, national origin, ancestry, or age. Any individual or family interested in purchasing property in the city shall be allowed to inspect, make offer, and otherwise negotiate the purchase of any property available for sale without discrimination or steering of any kind.

All persons, realtors, real estate agencies, and other firms that may sell or act as a brokerage for real estate in the city shall comply with the provisions of this article.

Agents and firms may not steer minorities or any other person because religion, color, age, sex, national origin, or ancestry into any particular area of town.

(Ord. 129, Sec.1)

8-704 Procedures.

Persons who believe their rights to fair and equal housing within the corporate city limits have been denied or in any way discriminated against because of race, religion, color, sex, national origin, ancestry, or age may appeal to the mayor who shall serve as the civil rights officer. The civil rights officer shall investigate the claim of discrimination and prepare a full report on the incident. A certified letter shall be sent to the accused party requesting his or her appearance before the Civil Rights Commission (comprised of the city council) to present a defense to the charge of discriminatory practices. The city council shall meet to hear the charge and report from the civil rights officer. Oral statements from both parties shall be heard and cross examined by the council.

(Ord. 129, Sec 3)

8-705 Penalties.

If the decision of the council deems that a violation of this fair housing article has occurred, the following sanctions shall be imposed:

(a)The firm shall be fined $100 which shall be retained by the city and used to further the education and implementation of this fair housing article.

(b)The firm shall be ordered to fully comply with the fair housing article and sufficiently change in its policies and practices concerning fair housing within 30 days.

(c)Sign an assurance of compliance with the city concerning this fair housing article.

(d)Failure to comply with the above provisions shall result in an official sanction and ban against the firm’s operating in the city and a report shall be filed with the State Board of Realtors.

(e)Any person making false, malicious or unfounded accusations against any person under oath and under the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount not to exceed $100.

(Ord. 129, Sec. 4)

8-706 Exemptions.

Nothing is this article shall prohibit a religious organization, association, or society, or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association, or society from limiting the sale, rentals or occupancy of dwellings which it owns or operates for other that a commercial purpose to persons of the same religion, or from giving a preference to such persons. Nor shall anything in this article prohibit a private club not in fact open to the public which as an incident to its primary purpose or purposes provides lodging which it owns or operated 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.

(Ord. 129, Sec. 5)