92-9535 Equal OpportunityKuhmC- Priming — Salina. Kansas
(Published in The Salina Journal September o2s, 1992)
ORDINANCE NUMBER 92-9535
AN ORDINANCE AMENDING SECTION 13-104 OF THE SALINA CODE
PERTAINING TO EQUAL OPPORTUNITY; AND REPEALING THE EXISTING
SECTION.
Kansas:
BE IT ORDAINED by the Governing Body of the City of Salina,
Section 1. 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
(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.
Kuhn Galt Priming —Sabina, Kansas
(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
for
b. intended for, and solely occupied by,
persons sixty-two (62) years of
age or
older; or
factors must also be
C. intended
and operated for occupancy by
at
least one person fifty-five
(55) years
of
age or
older per unit.
In determining
whether
housing qualifies as housing
for
older persons under this
subsection
the
following
factors must also be
present:
(i) the existence of significant facilities
and services specifically designed to
meet the physical or social needs of
older persons, or if the provisions of
such facilities and services is not
practicable, that such housing is
necessary to provide important housing
opportunities for older persons; and
(ii) that at least eighty percent (80%) of
the units are occupied by at least one
person fifty-five (55) years of age or
older per unit; and
(iii) the publication of, and adherence
to, policies and procedures which
demonstrate an intent by the owner or
manager to provide housing for persons
fifty-five (55) years of age or older.
(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)."
K,hn-Cox Printing — Salina Kansas
Section 6. That the existing Section 13-104 of the Salina Code is
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:
w..,Ltw�.. S1�u,w
Jacqu line Shiever, CMC
City Clerk
Introduced: September 14, 1992
Passed: September 21, 1992
Carol E. E. Begg s, Mayor
or