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 1982, 8-301)

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 means 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 and unimproved land or interest therein and any building or structure or interest therein which is occupied and designed or intended for occupancy, or a building or structure or interest therein having a portion thereof which is occupied or designed or intended for occupancy.

(e)   Housing Accommodation shall mean any building or portion thereof or interest therein, whether such building or portion is constructed or is to be constructed, which is used or intended for use as a residence or sleeping place of one or more persons.

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

(Code 1982, 8-302)

It shall be unlawful for any person to:

(a)   Refuse to sell or rent any housing accommodations or real property on the basis of discrimination.

(b)   Impose upon any person unusual or extraordinarily onerous terms, conditions or privileges in the sale, rental, leasing, assignment or subleasing of any housing accommodation or real property, or to require a higher sale price or rental or otherwise impose terms more burdensome upon any person on the basis of discrimination.

(c)   Discriminate 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 to place unusual, extraordinary or 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.

(Code 1982, 8-303)

It shall be unlawful to:

(a)   Discriminate in furnishing any facilities or services to any housing accommodation or real property.

(b)   Discriminate in the selling, renting, leasing, assigning or subleasing of any housing accommodation or real property or to indicate in any way that any housing accommodation or real property is not available for inspection, sale, rental or lease, or otherwise to deny or withhold any housing accommodation or real property on the basis of discrimination.

(c)   Include in any agreement relating to the sale or rental of any housing accommodation or real property as a condition of the transaction, that the purchaser, renter, tenant, occupant or assignee does agree not to sell, rent, lease, assign or sublease to any person because of his or her race, color, religion, sex or national origin.

(Code 1982, 8-304)

It shall be unlawful for any person to:

(a)   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.

(b)   Aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discrimination 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.

(c)   Induce or attempt to induce the sale or listing for the sale of any housing accommodation or real property 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 antisocial behavior in the area;

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

(Code 1982, 8-305)

It shall be unlawful for any person to:

(a)   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 accommodations on real property. 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.

(b)   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 by persons of any particular race, color, religion, sex or national origin is unwelcome, objectionable, not acceptable or not solicited.

(Code 1982, 8-306)

Nothing in this article shall:

(a)   Prohibit a religious organization, association or society or any nonprofit institution or organization operated, supervised or controlled 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 club, in fact not 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 g1v1ng preference to its members, unless membership in such club is restricted by reason of race, color, sex, national origin or ancestry.

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

(Code 1982, 8-307)

There is hereby created a commission to be known as the human relations commission. The commission shall consist of five members to be drawn from diverse segments of the community, who shall be citizens of the city and who shall be appointed by the mayor, with the consent of the governing body. The terms of office of each member of the commission shall be for three years or until his or her successor is appointed, with three members to be appointed on July 3oth of each subsequent year hereafter. No member shall serve more than two successive full terms. 

(Code 1982, 8-308)

The commission shall elect (by secret ballot) one of its members as chairperson, who shall preside at all meetings of the commission and shall perform all duties and functions of the chairperson thereof. The commission shall elect, (in the same manner) one of its members as vice chairperson who shall act as chairperson during the absence or incapacity of the chairperson, and when so acting, the vice chairperson shall have and perform all the duties and functions of the chairperson. In the event neither the chairperson nor vice chairperson can attend a regular or special meeting, the chairperson shall designate a member of the commission as acting chairperson for that meeting only. The term of office of the chairperson and vice chairperson shall be for one year. No person shall serve for more than two consecutive terms in the same office, unless such election to the immediately subsequent term be made by the members of the commission by a unanimous vote. The chairperson or vice chairperson may resign from his or her office at any time during his or her term and may do so without resigning from the commission. In such event, the commission shall elect another member to replace him or her and such person shall serve the unexpired term of office of the person he or she replaces. A majority of the presently serving members of the commission shall constitute a quorum for the purpose of conducting business thereof. The members of the commission shall serve without compensation. 

(Code 1982, 8-309)

The city clerk 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 1982, 8-310)

(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 and furnishing such information as the 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. The human relations commission shall forthwith notify in writing 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.

(Code 1982, 8-311)

The human relations commission 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 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. For good cause shown, the human relations commission chairman may grant one additional 30 day period to make findings. 

(Code 1982, 8-312)

(a)   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 commission will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

(b)   If the human relations commission is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then, and in that event, the 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 1982, 8-313)

The city attorney, instead of filing a complaint in municipal court 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 1982, 8-314)

The provisions of this 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 part thereto which would constitute a violation of any existing law or ordinance.  

(Code 1982, 8-315)