The governing body 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 housing accommodations or real property without regard to race, color, religion, sex, or national origin. This article shall be deemed an exercise of the police powers of the city for the protection of the public welfare, prosperity, health and peace of the people of the city.

(Code 1986, 8-501; Code 2007)

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)   Person - shall include any individual, firm, partnership, corporation, or financial institution.

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

(c)   Family - may include one or more persons.

(d)   Real Property - means and includes all vacant or unimproved land and any building or structure which is occupied and designed or intended for occupancy, or a building or structure having a portion thereof which is occupied or designed or intended for occupancy.

(e)   Housing Accommodation - shall mean 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.

(f)   Rent - means to lease, to sublease, and otherwise to grant for a consideration the right to occupy premises not owned by the occupant.

(Code 1986, 8-502; Code 2007)

It shall be a discriminatory practice and unlawful:

(a)   For any person, having the right, responsibility or authority to sell, or rent any housing accommodation or real property or any part or portion thereof or interest therein, to refuse to sell or rent, any housing accommodation or 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, or rent, any housing accommodation or any 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 housing accommodation 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 housing accommodation 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 housing accommodation 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 housing accommodation on 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 to discriminate in the selling, renting, leasing, assigning or subleasing of any housing accommodation or any real property or any part or portion 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 housing accommodation or real property or any part of portion thereof or interest therein, is not available for inspection, sale, rental, or lease, or otherwise to deny or withhold any housing accommodation or 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, or rental, of any housing accommodation 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 sublease the housing accommodation 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 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 housing accommodation or real property or any part or portion thereof or 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 housing accommodation or real 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 or anti-social behavior in the area;

(4)   A decline in quality of the schools serving in 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, or rental of housing accommodation or 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, or rent, any housing accommodations 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, or rental, listing, showing, or the lending of funds in connection with any housing accommodation or 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 1986, 8-503; Code 2007)

(a)   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, rental, or occupancy of housing accommodations or real property 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, sex, national origin, or ancestry.

(b)   Prohibit a non-profit private club in fact now open to the public, which as an incident to its primary purpose or purposes provides housing accommodation owned 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, unless membership in such club is restricted by reason of race, color, sex, national origin, or ancestry.

(c)   Apply to the rental of housing accommodation in a building containing accommodations for no more than two families, one of which is occupied by the owner of his or her family at the time of rental.

(d)   Apply to the rental of less than four rooms in a single housing accommodation to another person or persons by the owner of each accommodations in which he, she or members of his or her family reside.

(Code 1986, 8-504; Code 2007)

The city treasurer shall serve as the Human Resources Director. Among the duties to which the director shall be assigned is that of administrative staff member to the commission.

(Code 1986, 8-506; Code 2007)

(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 human relations commission of the city and furnishing such information as the human relations commission may require. Any complaint filed pursuant to this section must be filed with the human relations director within 60 days of the date of the alleged incident.

(b)   Every complaint of a violation of this article shall be referred to the human relations commission of the city. The human relations commission 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. Upon the filing of a complaint, the human relations commission shall notify in writing the person who is charged by the complaint and may designate three of its members to make a prompt and full investigation of the unlawful discriminatory housing practice alleged or may direct investigation to be made by the human resources director. Such human relations committee or other investigator shall make a determination and report to the full commission the findings of their investigation within 30 days after original receipt of such complaint by the human relations commission, provided that for good cause shown, the human relations commission chairperson may grant one additional 30 day period to make findings. If the human relations commission, 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 human relations commission finds that there is merit to the complaint, in their opinion, then and in that event, the human relations commission will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

(c)   If the human relations commission is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then and in that event, the human relations commission 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 1986, 8-507; Code 2007)

(a)   Any person convicted of a violation of this article shall be punished by a fine of not more than $1,000 or by confinement in the city jail for not more than 30 days, or 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 1986, 8-508; Code 2007)

The provisions of the article shall be construed liberally for the accomplishment of the purpose thereof. Nothing contained in this article shall be deemed to repeal any of the other provisions of any law of this city relating to discrimination because of race, color, religion, sex, ancestry or national origin of any person. Nothing contained in this article shall require any person to commit any act, or be a party thereto which would constitute a violation of any existing law or ordinance.

(Code 1986, 8-509; Code 2007)