92-9519 Equal OpportunityKinn -Cox Priming —Sabina. Kansas
(Published in The Salina Journal July S, 1992)
ORDINANCE NUMBER 92-9519
AN ORDINANCE AMENDING SECTIONS 13-28, 13-101, 13-104, 13-112
AND 13-114 OF THE SALINA CODE PERTAINING TO EQUAL OPPORTUNITY;
AND REPEALING THE EXISTING SECTIONS.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. That Section 13-28 of the Salina Code is hereby
amended to read as follows:
"Section 13-28. 'Reasonable accommodation' means:
(a) In the context of employment under Article III of this
Chapter - Making existing facilities used by employees
readily accessible to and usable by individuals with
disabilities; job restructuring; part-time or modified
work schedules; reassignment to a vacant position;
acquisition or modification of equipment or devices;
appropriate adjustment or modifications of
examinations, training materials or policies;
provision of qualified readers or interpreters; and
other similar accommodations for individuals with
disabilities.
(b) In the context of housing under Article V of this
Chapter - Those reasonable measures which may be
necessary to afford a disabled person equal
opportunity to use and enjoy a dwelling unit,
including public and common use areas.
Section 2. That Section 13-101 of the Salina Code is hereby
amended to read as follows:
"Section 13-101. Unlawful discriminatory housing
practices.
Subject to the provisions of Section 13-104 and
amendments thereto, 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 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, familial status, national origin or
ancestry.
(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 or
facilities in connection therewith, because of
race, religion, color, sex, disability, familial
status, national origin or ancestry.
(3) To make, print, publish, disseminate or 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, familial status, national origin
or ancestry, or an intention to make any such
preference, limitation, specification or
discrimination.
Kuhn -Cox Printing —Salina, Kansas
(4) To represent to any person because of race,
religion, color, sex, disability, familial
status, national origin or ancestry that any
dwelling is not available for inspection, sale or
rental when such dwelling is in fact so 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, familial status, national origin
or ancestry.
(6) To deny any person access to or membership or
participation in any multiple -listing service,
real estate brokers' organization
or other
service, organization or facility
relating to the
business of selling or renting a
dwelling, or to
discriminate against such person
in the terms or
conditions of such access,
membership or
participation, because of race,
religion, color,
sex, disability, familial status,
national origin
or ancestry.
(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, national origin or ancestry of
the people with whom such person associates.
(8) (a) 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:
(1) That buyer or renter;
(2) a person residing in or intending to
reside in that dwelling after it is
sold, rented or made available; or
(3) any person associated with that buyer
or renter.
(b) 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:
(1) That person;
(2) a person residing in or intending to
reside in that dwelling after it is so
sold, rented or made available; or
(3) any person associated with that person.
(c) For purposes of this subsection (8) ,
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
Kinn -C- Priming — Salina, Kansas
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 February 15, 1992, a failure to
design and construct such dwelling in
such a manner that:
a. 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.
b. With respect to dwellings with a
building entrance on an accessible
route:
1. The public use and common
use portions of such
dwellings are readily
accessible to and usable by
persons with disabilities;
2. all the doors designed to
allow passage into and within
all premises within such
dwellings are sufficiently
wide to allow passage by
persons with disabilities who
are in wheelchairs; and
3, all premises within such
dwellings contain the
following features of
adaptive design:
(i) An accessible route into
and through the
dwelling;
(ii) light switches,
electrical outlets,
thermostats and other
environmental controls
in accessible locations;
(iii) reinforcements in
bathroom walls to allow
later installation of
grab bars; and
(iv)
usable kitchens and
bathrooms such that an
individual in a
wheelchair can maneuver
about the space.
(d) Compliance with the
appropriate requirements
of the American
national standard for
buildings
and
facilities providing
accessibility
and
usability for physically
handicapped
people,
commonly cited as 'ANSI
A 117.1' ,
suffices to satisfy the
requirements
of subsection
(8)(c.)(3)c.
K.h,.COX Printing — Salina, Hansas
(e) As used in this subsection (8) , '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.
(f) Nothing in this chapter shall be construed
to invalidate or limit any state law or
ordinance that requires dwellings to be
designed and constructed in a manner that
affords persons with disabilities greater
access than is required by this chapter.
(g) Nothing in this subsection (8) requires that
a dwelling be made available to an
individual whose tenancy would constitute a
direct threat to the health or safety of
other individuals or whose tenancy would
result in substantial physical damage to the
property of others.
Section 3. That Section 13-104 of the Salina Code is hereby
amended to read as follows:
"Section 13-104. Limitations.
(a) Nothing in this chapter shall prohibit a religious
organization, association or society, or any nonprofit
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 dwellings 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, national origin or ancestry.
Nor shall anything in this chapter prohibit a nonprofit
private club in fact not open to the public, which as an
incident to its primary purpose or purposes provides
lodgings which it owns or operates 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.
(b) Nothing in this chapter, other than the prohibitions
against discriminatory advertising as provided in
subparagraph (3) of Section 13-101, and amendments
thereto, shall apply to:
(1) The sale or rental of any single family house by
an owner, provided the following conditions are
met:
a. The owner does not own or have any
interest in more than three single family
houses at any one time; and
b. the house is sold or rented without the use
of a real estate broker, agent or
salesperson or the facilities of any person
in the business of selling or renting
dwellings. If the owner selling the house
does not reside in it at the time of the
sale or was not the most recent resident of
the house prior to such sale, the exemption
in this subsection applies to only one such
sale in any 24 -month period; or
K,hmCO Priming — Salina, Kansas
(2) rooms or units in buildings containing living
quarters occupied or intended to be occupied by
no more than four (4) families living
independently of each other, if the owner
actually maintains and occupies one of such
living quarters as the owner's residence.
(c) (1) Nothing in this chapter limits the applicability
of any reasonable local, state or federal
restrictions regarding the maximum number of
occupants permitted to occupy a dwelling. Nor
does any provision in this chapter regarding
familial status apply with respect to housing for
older persons.
(2) As used in this subsection 'housing for older
persons' means housing:
a. provided under any State or Federal
program that the Secretary of the United
States Department of Housing and Urban
Development determines is specifically
designed and operated to assist elderly
persons (as defined in the State or Federal
Program); or
b. intended for, and solely occupied by,
persons sixty-two (62) years of age or
older; or
C. intended for, and at least 80% occupied by,
at least one person fifty-five (55) years of
age or older per unit.
(3) Housing shall not fail to meet the requirements
for housing for older persons by reason of:
a. persons residing in such housing as of the
date of enactment of this Act who do not
meet the age requirements of subsections
(2)(B) or (c); provided, that new occupants
of such housing meet the age requirements
of sections (2)(B) or (C); or
b. Unoccupied units; provided, that such units
are reserved for occupancy by persons who
meet the age requirements of subsections
(2)(B) or (C).
(d) Nothing in this chapter prohibits conduct against a
person because such person has been convicted two or more
times by any court of competent jurisdiction of the illegal
manufacture or distribution of a controlled substance as
defined in section 102 of the federal controlled substances
act (21 U.S.C. 802) .
Section 4. That Section 13-112 of the Salina Code is hereby
amended to read as follows:
"Section 13-112. Election for civil action.
(a) After the commission has issued a notice of
conciliation failure pursuant to Section 13-111 of this
Article, the complainant, the respondent, or the commission
may elect to have the claims and issues asserted in the
reasonable grounds determination decided in a civil action
commenced and maintained by the commission.
(1) An election for a civil action under this
subsection shall be made no later than twenty
(20) days after an electing complainant or
respondent receives the notice of conciliation
failure, or if the commission makes the election,
not more than twenty (20) days after the notice
KuhmCO% Printing — Salina, Kansas
of conciliation failure is issued. A complainant
or respondent who makes an election for a civil
action pursuant to this subsection shall give
notice to the commission. If the commission
makes an election, it shall notify all
complainants and respondents of the election.
(2) If an election is made under this subsection, no
later than sixty (60) days after the election is
made the commission shall commence a civil action
in the federal district court in its own name on
behalf of the complainant. In such an action,
the commission shall be represented by an
attorney employed by the commission.
(b) In a civil action brought under this section, the
rights and remedies of the parties shall be determined by
applicable federal law. The relief that may be granted in
such a civil action shall include at least actual and
punitive damages, injunctive and equitable relief as
provided by applicable federal law.
Section 5. That Section 13-114 of the Salina Code is hereby
amended to read as follows:
"Section 13-114. Order.
(a) If the hearing officer shall find that a respondent
has engaged in or is engaging in any discriminatory
housing practice, the hearing officer shall render an order
requiring the respondent to cease and desist from such
discriminatory housing practice, and such order may direct
a respondent to take such affirmative action as the hearing
officer deems necessary to effectuate the intent and
purposes of this article, including, but not limited to,
the selling or renting of specified real property and the
lending of money for the acquisition, construction,
rehabilitation, repair or maintenance of real property.
Such order may also include an award of compensatory
damages and of damages for pain, suffering and humiliation
which are incidental to the act of discrimination, except
that an award for such pain, suffering and humiliation
shall in no event exceed the sum of two thousand dollars
($2,000). Such order may also, to vindicate the public
interest, assess a civil penalty against the respondent:
(1) In an amount not exceeding $10,000,
if the
respondent has not been adjudged to have
committed any prior discriminatory
housing
practice;
(2) subject to the provisions of subsection
(a)(4),
in an amount not exceeding $25,000,
if the
respondent has been adjudged to have committed
one other discriminatory housing practice
during
the five year period ending on the date
of the
filing of the complaint;
(3) subject to the provisions of subsection (a)(4),
in an amount not exceeding $50,000, if the
respondent has been adjudged to have committed
two or more discriminatory housing practices
during the seven year period ending on the date
of the filing of the complaint; and
(4) if the acts constituting the discriminatory
housing practice that is the object of the
complaint are committed by the same natural
person who has been previously adjudged to have
committed acts constituting a discriminatory
housing practice in the amounts provided by
subsections (a) (2) and (a) (3) without regard to
the period of time within which any subsequent
discriminatory housing practice occurred.
Kuhn -Cox Printing — Salina, Kansas
Such civil penalties shall be paid into the city treasury
to the credit of the city general fund.
(b) The order of the hearing officer shall be deemed an
order of the commission.
(c) The commission's order shall be subject to enforcement
and review pursuant to K.S.A. 12-16,106 and amendments
thereto.
(d) Within fifteen (15) days after the hearing officer's
order is served by the commission requiring or prohibiting
action by a respondent, the respondent shall notify the
commission in writing of the manner in which the
respondent has complied with the order.
(e) In the case of an order with respect to a
discriminatory housing practice that occurred in the course
of a business subject to a licensing or regulation by a
state agency, the commission may, not later than thirty
(30) days after the respondent has complied with the
order, or, if such order is judicially reviewed under
subparagraph (c) above, thirty (30) days after such order
is in substance affirmed upon such review:
(1) Send copies of the findings of fact, conclusions
of law, and the order, to that agency; and
(2) recommend to the agency appropriate disciplinary
action, including, where appropriate, the
suspension or revocation of the license of the
respondent.
Section 6. That the existing Sections 13-28, 13-101, 13-104,
13-112 and 13-114 of the Salina Code are hereby repealed.
Section 7. That this ordinance shall be in full force and effect
from and after its adoption and publication once in the official city newspaper.
(SEAL)
ATTEST:
J�tiuvw
Jacqueline Shiever, CMC
City Clerk
Introduced: July 13, 1992
Passed: July 20. 1992
Carol E. Beggs, Mayor