Chapter V · Business Regulations

Article 7. Fair Housing

Sections 5-701 to 5-705 · 5 sections

5-701 Purpose.

The governing body of the city declares it to be the public policy of the city to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent, finance or obtain real property without regard to race, color, sex, national or social origin or ancestry.

(Ord. 1649, Sec. 1; Code 1996, 7-501; Code 2019)

5-702 Discriminatory practices.

It shall be an unlawful discriminatory housing practice:

(a)For the owner, real estate broker, real estate salesman or employees or agent thereof.

(1)To refuse to sell, rent, assign, lease or sublease or offer for sale, rental, lease or sublease, or to refuse to negotiate for the sale, rental, lease, assignment or sublease of any real property or portion thereof which is in fact listed or available for sale, rent, lease or sublease to any person who has shown the financial ability to satisfy the terms and conditions of a sale, rental, assignment, lease or sublease of the property or to otherwise deny or withhold any housing accommodations or real property or any part or portion thereof to or from any person because of race, religion, color, sex, national or social origin or ancestry of the person.

(2)To discriminate against any person because of his or her race, color, sex, religion, national or social origin or ancestry in the terms, conditions or privileges of the sale, rental, assignment, lease or sublease or any housing accommodations or real property of part or portion thereof or in the furnishing of facilities or services in connection therewith; or

(3)To print, publish, circulate, issue, display, post or mail or cause to be printed, published, circulated, issued, displayed, posted or mailed any statement, advertisement, publication or sign, or use any form or application for the purchase, rental, lease, assignment or sublease of any housing accommodations or real property or part or portion thereof which expresses directly or indirectly any limitation, specification or discrimination as to race, color, sex, religion, national or social origin or ancestry or any intent to make any limitations, specification or discrimination.

(b)For any person or financial institution to which application is made for financial assistance for the purchase, acquisition or construction of any housing accommodations or real property or part or portion thereof or any agent or employee thereof.

(1)To discriminate against any person because of the race, sex, color, religion, national or social origin or ancestry of such person or of prospective occupants or tenants of the housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying or renewing or in the fixing of the rates, terms, conditions or provisions of any financial assistance or in the extension of services in connection therewith.

(Ord. 1649, Sec. 2; Code 1996, 7-502; Code 2019)

5-703 Exemptions.

Nothing in 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 when it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to the person. 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 operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to the members or from giving preference to the members.

(Ord. 1649, Sec. 3; Code 1996, 7-503; Code 2019)

5-704 Administration.

Any person claiming to have been subject to any discriminatory practice as defined by this article may file a complaint by appearing before the governing body of the city, hereinafter referred to as the city council and furnishing the information as required by the city council. Any complaint must be filed with the city council within 60 days of the alleged incident.

The city council shall refer to the appropriate local agency any complaint filed under this act which appears to constitute a violation of the local fair housing ordinance. The council shall take no further action with respect to the complaint until 30 days have elapsed since the complaint was referred to the local agency or the local agency has completed its investigation, or the local agency requests the council to assume jurisdiction or to assist it, whichever occurs first.

The local agency investigating the complaint shall notify the person against whom the complaint is made as soon as the investigation is started. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time.

The local agency shall inform the city council in writing of the status of the referred complaint at the end of the referral period or when the local agency has completed its investigation, or the local agency requests the council to assume jurisdiction or to assist, whichever occurs first.

If after the investigation the local agency has found no merit to the complaint, the city council shall dismiss the complaint. If the local agency finds the complaint to have merit, the city council shall endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

If the city council is unable to eliminate the alleged discriminatory practice by a conference and conciliation, the city council shall forward the complaint to the city attorney for handling. The final determination of whether or not to prosecute on the complaint shall be left to the city attorney.

(Ord. 1649, Sec. 4; Code 1996, 7-504; Code 2019)

5-705 Enforcement.

(a)Any person convicted of a violation of this article shall be punished by a fine of not more than $250.

(b)The city attorney may file a complaint in the municipal court of the city, or as an alternative remedy, may seek to have the alleged discriminatory practices abated by an action for an injunction to be maintained in the appropriate district court of the State of Kansas.

(Ord. 1649, Sec. 5; Code 1996, 7-505; Code 2019)