CHAPTER VIII. HEALTH AND WELFARECHAPTER VIII. HEALTH AND WELFARE\ARTICLE 6. FAIR HOUSING

The governing body of the city hereby 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, or obtain real property without regard to race, color, religion, sex, or national origin.

(Code 1985)

For the purpose of this article the following terms, phrases, words and their derivations shall have the meaning given herein unless the context otherwise indicates:

(a)      Discriminate - to make distinctions in treatment because of race, color, religion, sex or national origin of any person.

(b)     Person - shall include any individual, firm, partnership or corporation.

(Code 1985)

It shall be a discriminatory practice and unlawful:

(a)      For any person, having the right, responsibility, or authority to sell, rent, lease, assign or sub-lease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to refuse to sell, rent, lease, assign, or sub-lease any dwelling unit, commercial unit, real property or part or portion thereof or interest therein, to any person because of the race, color, religion, sex or national origin of the person.

(b)     For any person, having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to impose upon any person because of the race, color, religion, sex or national origin of such person unusual, extraordinarily onerous terms, conditions or privileges in the sale, rental, leasing, assignment or subleasing of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to require a higher sale price or rental or otherwise impose terms more burdensome upon any person because of race, color, religion, sex, or national origin and which would not be required of other persons.

(c)      For any person, engaged in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair, or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to discriminate because of race, color, religion, sex, or national origin of any person applying for loans or guarantees or mortgages in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to place unusual extraordinary, onerous rates of interest, terms or conditions on the lending of the money, the guaranteeing of the loans, acceptance of the mortgages or the availability of such funds.

(d)     For any person to discriminate in furnishing any facilities or services to any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, because of the race, color, religion, sex or national origin of any person making application for such facilities or services.

(e)      For any person, engaged in the real estate business, whether a dealer, broker or regardless of the capacity in which serving to discriminate in the selling, renting, leasing, assigning or sub-leasing of any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, against any person because of race, color, religion, sex, or national origin of such person and further, to indicate in any way that any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, is not available for inspection, sale, rental, lease, assignment or sub-lease, or otherwise to deny or withhold any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, from any person because of race, color, religion, sex, or national origin of such person.

(f)      For any person to include in any agreement relating to the sale, rental, lease, assignment or sub-lease of any dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, as a condition of the transaction, that the purchaser, renter, tenant, occupant or assignee does agree not to sell, rent, lease, assign or sub-lease the dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein, to any person because of race, color, religion, sex, or national origin of such person.

(g)      For any person to engage in any form of threats or reprisal, or to engage in, or hire, or conspire with others to commit acts or activities of any nature, the purpose of which is to harass, degrade, embarrass, or to cause physical harm or economic loss to any person because such person complies with the provisions of this article or has opposed any practice forbidden under this act, or has filed a complaint, testified or assisted in any proceeding under this article.

(h)     For any person to aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discriminatory practice under the provisions of this article, or to obstruct or prevent compliance with the provisions of this article, or to attempt directly or indirectly to commit any act declared by this article to be a discriminatory practice.

(i)      For any person to induce or attempt to induce the sale or listing for sale of any dwelling unit, commercial unit or real property or any part or portion thereof interest therein, by representing that a change has occurred or will or may occur with respect to the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located, or to induce or attempt to induce such sale by representing that the presence or anticipated presence of persons of any particular race, color, religion, sex, or national origin in the area will or may result in:

(1)          the lowering of property values;

(2)          a change in the racial, religious or ethnic composition of the block, neighborhood or area in which the property is located;

(3)          an increase in criminal antisocial behavior in the area;

(4)          a decline in the quality of the schools serving the area.

(j)      To make any representations to any prospective seller, real estate broker, salesman, agent, owner, or to any financial institution for the purpose of obtaining facts or evidence of a discriminatory practice when such representation is not made for a bona fide purchase, rental or lease of real property; provided, however, this section shall not apply to any person employed by the city or the state whose duty it is to assist in the prosecution of violations of civil rights relating to open housing.

(k)     For any person having the right, responsibility or authority to sell, rent, lease, assign or sub-lease any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, to directly or indirectly advertise, or in any other manner indicate or publicize, that the purchase, rental, lease, sub-lease or assignment, listing, showing or the lending of funds in connection with any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, by persons of any particular race, color, religion, sex, or national origin is unwelcome, objectionable, not acceptable, or not solicited.

(Code 1985)

The provisions of this article shall not apply to the following:

(a)      Any bona fide religious institutions with respect to any qualifications it may impose based upon religion when such qualifications are related to a bona fide religious purpose.

(b)     A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more than two families living independently of each other if the owner or members of this family reside in such dwelling unit.

(c)      A rental or leasing to less than five persons living in a dwelling unit by the owner if the owner or members of his or her family reside therein.

(Code 1985)

(a)      Any person claiming to have been subjected to any discriminatory practice as defined by this article may file a complaint by appearing before the governing body and furnishing such information as the city council may require. Any complaint filed pursuant to this article must be filed with the city within 60 days of the date of the alleged incident.

(b)     Every complaint of a violation of this article shall be referred to the governing body of the city. The city shall forthwith notify the person against whom the complaint is made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time. If the city, after its investigation and the investigation, if any, conducted by authorized employees of the city, finds that there is no merit to the complaint, the same shall be dismissed. If the city finds that there is merit to the complaint, in their opinion, then and in that event, the city will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

(c)      Nothing in this article shall prohibit the mayor of the city from appointing a committee to assist in the review, investigation and determination of any grievances filed hereunder, and the mayor may delegate the necessary authority to the committee to perform any of the duties required of the mayor by this article.

(d)     If the city is unable to eliminate the alleged discriminatory practice by conference and conciliation, then and in that event, the city 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.

(Code 1985)

(a)      Any person convicted of a violation of this article shall be punished by a fine of not more than $499.00, or by confinement in the county jail for not more than 179 days, or by both such fine and imprisonment.

(b)     The city attorney, instead of filing a complaint in municipal court of the city, may, as an alternative remedy, 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.

(Code 1985)

The provisions of this article are severable and if any provision, sentence, clause, section or part thereof is held illegal, invalid or unconstitutional or inapplicable to any person or circumstance, such illegality, invalidity, unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this article or their application to other persons or circumstances. It is hereby declared to be the intent of the governing body that this article would be adopted if such illegal, invalid or unconstitutional provision, sentence, clause, section, or part had not been included therein, and if the person or circumstances to which the article or any part thereof is inapplicable had been specifically exempted therefrom.

(Code 1985)