reglab/statecodes huggingface dataset:
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-6 - Discriminatory advertisements, statements and notices

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Unlawful practices under K.S.A. 44-1016(c)  include, but are not limited to, all
			 written or oral notices or statements by a person engaged in the sale or rental
			 of real property. Written notices and statements include any applications,
			 flyers, brochures, deeds, signs, banners, posters, billboards or any document
			 used with respect to the sale or rental of real property.
(b) Discriminatory notices, statements and
			 advertisements include, but are not limited to:
(1) using words, phrases, photographs,
			 illustrations, symbols or forms which convey that dwellings are available or
			 not available to a particular group of persons because of race, religion,
			 color, sex, disability, familial status, national origin or ancestry;
(2) expressing to agents, brokers,
			 employees, prospective sellers or renters or any other persons a preference for
			 or limitation on any purchaser or renter because of race, religion, color, sex,
			 disability, familial status, national origin or ancestry;
(3) selecting media or locations for
			 advertising the sale or rental of real property in order to deny particular
			 segments of the housing market information about housing opportunities because
			 of race, religion, color, sex, disability, familial status, national origin or
			 ancestry; and
(4) refusing to
			 publish advertising for the sale or rental of real property or requiring
			 different charges or terms for such advertising because of race, religion,
			 color, sex, disability, familial status, national origin or ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-7 - Discriminatory representations on the availability of real property

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It
			 shall be unlawful, because of race, religion, color, sex, disability, familial
			 status, national origin or ancestry, for a broker, agent, person in the
			 business of selling or renting or other person for profit to provide inaccurate
			 or untrue information about the availability of real property for sale or
			 rental.
(b) Prohibited actions
			 under this act include, but are not limited to:
(1) indicating through words or conduct that
			 real property which is available for inspection, sale, or rental has been sold
			 or rented, because of race, religion, color, sex, disability, familial status,
			 national origin or ancestry;
(2)
			 representing that covenants or other deed, trust or lease provisions which
			 purport to restrict the sale or rental of real property to persons because of
			 race, religion, color, sex, disability, familial status, national origin or
			 ancestry preclude the sale or rental of real property to a person;
(3) enforcing covenants or other deed, trust
			 or lease provisions in order to preclude the sale or rental of real property to
			 any person because of race, religion, color, sex, disability, familial status,
			 national origin or ancestry;
(4)
			 limiting information, by word or conduct, regarding suitably priced real
			 property available for inspection, sale or rental, because of race, religion,
			 color, sex, disability, familial status, national origin or ancestry; and
(5) providing false or inaccurate
			 information regarding the availability of real property for sale or rental to
			 any person, including testers, regardless of whether such person is actually
			 seeking housing, because of race, religion, color, sex, disability, familial
			 status, national origin or ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-8 - Blockbusting

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It
			 shall be unlawful, for profit, to induce or attempt to induce a person to sell
			 or rent real property by representations regarding the entry or prospective
			 entry into the neighborhood of a person or persons of a particular race,
			 religion, color, sex, familial status, national origin or ancestry or with a
			 disability.
(b) In establishing a
			 discriminatory housing practice under this act it is not necessary that there
			 was in fact profit, as long as profit was a motive for engaging in the
			 blockbusting activity.
(c)
			 Prohibited actions under this act include, but are not limited to:
(1) engaging, for profit, in conduct
			 (including uninvited solicitations for listings) which conveys to a person that
			 a neighborhood is undergoing or is about to undergo a change in the race,
			 religion, color, sex, disability, familial status, national origin or ancestry
			 of persons residing in it, in order to encourage the person to offer real
			 property for sale or rental; and
(2) encouraging, for profit, any person to
			 sell or rent a real property through assertions that the entry or prospective
			 entry of persons of a particular race, religion, color, sex, familial status,
			 national origin or ancestry or with disabilities, can or will result in
			 undesirable consequences for the project, neighborhood or community, such as a
			 lowering of property values, an increase in criminal or antisocial behavior, or
			 a decline in the quality of schools or other services or facilities.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-9 - Discrimination in the provision of brokerage services

Current through Register Vol. 43, No. 28, July 11, 2024
Unlawful practices under K.S.A. 44-1016(f)  include, but are not
				limited to:
(a) Setting different
			 fees for access to or membership in a multiple listing service based on race,
			 religion, color, sex, disability, familial status, national origin or ancestry;
(b) Denying or limiting benefits
			 accruing to members in a real estate brokers' organization because of race,
			 religion, color, sex, disability, familial status, national origin or ancestry;
(c) Imposing different standards
			 or criteria for membership in real estate sales or rental organization based on
			 race, religion, color, sex, disability, familial status, national origin or
			 ancestry; and
(d) Establishing
			 geographic boundaries, office location or residence requirements for 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 real property because of race, religion,
			 color, sex, disability, familial status, national origin or ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-10 - Discrimination in the making of loans and in the provision of other financial assistance

Current through Register Vol. 43, No. 28, July 11, 2024
Unlawful practices under K.S.A. 44-1017(a)  include, but are not
				limited to, failing or refusing to provide to any person, in connection with a
				residential real estate-related transaction, information regarding the
				availability of loans or other financial assistance, application requirements,
				procedures or standards for the review and approval of loans or financial
				assistance, or providing information which is inaccurate or different from that
				provided others, because of race, religion, color, sex, disability, familial
				status, national origin or ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-11 - Discrimination in the purchasing of loans

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It
			 shall be unlawful for any person or entity engaged in purchasing loans or other
			 debts or securities which support the purchase, construction, improvement,
			 repair or maintenance of a dwelling, or which are secured by residential real
			 estate, to refuse to purchase such loans, debts, or securities, or to impose
			 different terms or conditions for such purchases, because of race, religion,
			 color, sex, disability, familial status, national origin or ancestry.
(b) Unlawful practices under this
			 act include, but are not limited to:
(1)
			 purchasing loans or other debts or securities which relate to or are secured by
			 real property in certain communities or neighborhoods, but not in others,
			 because of the race, religion, color, sex, disability, familial status,
			 national origin or ancestry of one or more persons in such neighborhoods or
			 communities;
(2) pooling or
			 packaging loans or other debts or securities which relate to or which are
			 secured by real property in a different manner because of race, religion,
			 color, sex, disability, familial status, national origin or ancestry; and
(3) imposing or using different
			 terms or conditions on the marketing or sale of securities issued on the basis
			 of loans or other debts or securities which relate to or which are secured by
			 real property because of race, religion, color, sex, disability, familial
			 status, national origin or ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-12 - Discrimination in the terms and conditions for making available loans or other financial assistance

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It
			 shall be unlawful for any person or entity engaged in making loans or providing
			 other financial assistance relating to the purchase, construction, improvement,
			 repair or maintenance of dwellings or in making loans which are secured by
			 residential real estate, to impose different terms or conditions for the
			 availability of such loans or other financial assistance because of race,
			 religion, color, sex, disability, familial status, national origin or ancestry.
(b) Unlawful practices under this
			 act include, but are not limited to:
(1)
			 Using different policies, practices or procedures in evaluating or in
			 determining the creditworthiness of any person in connection with the provision
			 of any loan or other financial assistance for a dwelling, or for any loan or
			 other financial assistance which is secured by residential real estate, because
			 of race, religion, color, sex, disability, familial status, national origin or
			 ancestry; and
(2) Determining the
			 type of loan or other financial assistance to be provided with respect to a
			 dwelling, or fixing the amount, interest rate, duration or other terms for a
			 loan or other financial assistance for a dwelling, or for any loan or other
			 financial assistance which is secured by residential real estate, because of
			 race, religion, color, sex, disability, familial status, national origin or
			 ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-13 - Unlawful practices in the selling, brokering, or appraising of residential real property

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It
			 shall be unlawful for any person or other entity whose business includes
			 engaging in the selling, brokering or appraising of residential real property
			 to discriminate against any person in making available such services, or in the
			 performance of such services, because of race, religion, color, sex,
			 disability, familial status, national origin or ancestry.
(b) For the purpose of this act, the term
			 "appraisal" means an estimate or opinion of the value of a specified
			 residential real property made in a business context in connection with the
			 sale, rental, financing or refinancing of a dwelling, or in connection with any
			 activity that otherwise affects the availability of a residential real
			 estate-related transaction, whether the appraisal is oral or written, or
			 transmitted formally or informally. The appraisal includes all written comments
			 and other documents submitted as support for the estimate or opinion of value.
(c) Practices which are unlawful
			 under this act include, but are not limited to, using an appraisal of
			 residential real property in connection with the sale, rental, or financing of
			 any dwelling where the person knows or reasonably should know that the
			 appraisal improperly takes into consideration race, religion, color, sex,
			 disability, familial status, national origin or ancestry.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-15 - Permissible inquiries under K.S.A. 44-1016(h)

Current through Register Vol. 43, No. 28, July 11, 2024
K.S.A. 44-1016(h)  does not prohibit the following inquiries,
				provided these inquiries are made of all applicants, whether or not they have
				disabilities:
(a) Inquiry into an
			 applicant's ability to meet the requirements of ownership or tenancy;
(b) Inquiry to determine whether
			 an applicant is qualified for a dwelling available only to persons with
			 disabilities or to persons with a particular type of disability;
(c) Inquiry to determine whether an applicant
			 for a dwelling is qualified for a priority available to persons with a
			 particular type of disability;
(d)
			 Inquiring whether an applicant for a dwelling is a current illegal abuser or
			 addict of a controlled substance; and
(e) Inquiring whether an applicant has been
			 convicted of the illegal manufacture or distribution of a controlled substance.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-16 - Reasonable modifications of existing premises

Current through Register Vol. 43, No. 28, July 11, 2024
(a) It
			 shall be unlawful for any person to refuse to permit, at the expense of a
			 disabled person, reasonable modifications of existing premises occupied or to
			 be occupied by a disabled person, if the proposed modifications may be
			 necessary to afford the disabled person full enjoyment of the premises of a
			 dwelling.
(b) 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 modification, reasonable wear
			 and tear excepted.
(c) The
			 landlord may not increase for disabled persons any customarily required
			 security deposit. However, where it is necessary in order to ensure with
			 reasonable certainty that funds will be available to pay for the restorations
			 at the end of the tenancy, the landlord may negotiate as part of such a
			 restoration agreement a provision requiring that the tenant pay into an
			 interest bearing escrow account, over a reasonable period, a reasonable amount
			 of money not to exceed the cost of the restorations. The interest in any such
			 account shall accrue to the benefit of the tenant.
(d) A landlord may condition permission for a
			 modification on the renter providing a reasonable description of the proposed
			 modifications as well as reasonable assurances that the work will be done in a
			 workmanlike manner and that any required building permits will be obtained.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-17 - Design and construction requirements

Current through Register Vol. 43, No. 28, July 11, 2024
(a) On or
			 after July 1, 1992, covered multifamily residential real property designed and
			 constructed for first occupancy after January 1, 1992 shall 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. For purposes of
			 this paragraph, covered multifamily residential real property shall be deemed
			 to be designed and constructed for first occupancy on or before January 1,
			 1992, if the covered multifamily residential real property is occupied by that
			 date or if the last building permit or renewal thereof for the covered
			 multifamily residential real property is issued by a State, county or local
			 government on or before January 1, 1992. The burden of establishing
			 impracticality because of terrain or unusual site characteristics is on the
			 person or persons who designed or constructed the housing facility.
(b) Compliance with a duly enacted law of the
			 State of Kansas or unit of local government that includes the requirements of
			 paragraph (h) of K.S.A. 44-1016  satisfies the requirements of this act.
(c) The State of Kansas or unit of
			 general local government may review and approve newly constructed multifamily
			 residential real property for the purpose of making determinations as to
			 whether the requirements of paragraph (h) of K.S.A. 44-1016  are met.
(d) Determinations of compliance or
			 noncompliance by the State of Kansas or a unit of general local government
			 under paragraph (c) are not conclusive in proceedings under this act.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-18 - State and federal elderly housing programs

Current through Register Vol. 43, No. 28, July 11, 2024
The provisions regarding familial status in this act shall not
				apply to housing provided under any Federal or State 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.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-19 - 62 or over housing

Current through Register Vol. 43, No. 28, July 11, 2024
The provisions regarding familial status in this act shall not
				apply to housing intended for, and solely occupied by, persons 62 years of age
				or older. Housing satisfies the requirements of this act even though:
(a) There are persons residing in such
			 housing on January 1, 1992, who are under 62 years of age, provided that all
			 new occupants are persons 62 years of age or older;
(b) There are unoccupied units, provided that
			 such units are reserved for occupancy by persons 62 years of age or over;
(c) There are units occupied by
			 employees of the housing units (and family members residing in the same unit)
			 who are under 62 years of age, provided, they perform substantial duties
			 directly related to the management or maintenance of the housing.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-20 - 55 or over housing

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 provisions regarding familial status shall not apply to housing intended and
			 operated for occupancy by at least one person 55 years of age or older per
			 unit, provided that the housing satisfies the requirements of subparagraphs
			 (b)(1) or (b)(2) and the requirements of subsection (c).
(b)
(1) The
			 housing facility has significant facilities and services specifically designed
			 to meet the physical and social needs of older persons. "Significant facilities
			 and services specifically designed to meet the physical or social needs of
			 older persons" means, but is not limited to:
(A) social and recreational programs;
(B) continuing education;
(C) information and counseling;
(D) recreational, homemaker,
			 outside maintenance and referral services;
(E) an accessible physical environment;
(F) emergency and preventive
			 health care or programs;
(G)
			 congregate dining facilities;
(H)
			 transportation to facilitate access to social services; and
(I) services designed to encourage and assist
			 residents to use the services and facilities available to them (the housing
			 facility need not have all of these features to qualify for the exemption under
			 this subparagraph); or
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-21 - Prohibited interference, coercion or intimidation

Current through Register Vol. 43, No. 28, July 11, 2024
Conduct made unlawful under K.S.A. 1991 Supp. 44-1027  includes,
				but is not limited to, the following:
(a) Coercing a person either orally, in
			 writing or by other means to deny or limit the benefits provided a person in
			 connection with the sale or rental of real property, or in connection with a
			 residential real estate-related transaction, because of race, religion, color,
			 sex, disability, familial status, national origin or ancestry;
(b) Threatening, intimidating or interfering
			 with persons in their enjoyment of real property because of the race, religion,
			 color, sex, disability, familial status, national origin or ancestry of such
			 persons, or of visitors or associates of such persons;
(c) Threatening an employee or agent with
			 dismissal or an adverse employment action, or taking such adverse employment
			 action, for any effort to assist a person seeking access to the sale or rental
			 of real property or seeking access to any residential real estate-related
			 transaction, because of the race, religion, color, sex, disability, familial
			 status, national origin or ancestry of that person or of any person associated
			 with that person;
(d) Intimidating
			 or threatening any person because that person is engaging in activities
			 designed to make other persons aware of, or to encourage such other persons to
			 exercise, rights granted or protected by this act; and
(e) Retaliating against any person because
			 that person has made a complaint, testified, assisted, or participated in any
			 manner in a proceeding under the act.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-22 - Complaints alleging unlawful housing practices

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 procedures under this act for investigation and conciliation of complaints will
			 be conducted in accordance with K.A.R. Sections 21-41, 21-42  and 21-43  to the
			 extent these procedures are in compliance with K.S.A. 1991 Supp. 44-1019  and
			 44-1020. Unless referred to an appropriate local agency pursuant to K.S.A. 1991
			 Supp. 44-1019(c), the Commission shall commence investigation of the
			 allegations of the complaint within 30 days after receipt of the complaint.
(b) Hearings shall be conducted in
			 accordance with the provisions of the Kansas Administrative Procedure act and
			 K.A.R. Section 21-45.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 60 - DISCRIMINATORY HOUSING PRACTICES › Section 21-60-23 - Conciliation and conciliation agreements

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 During the period beginning with the filing of the complaint and ending with
			 either the serving of a notice of hearing under the provisions of K.S.A. 1991
			 Supp. 44-1019  or the dismissal of the complaint by the Commission, the
			 Commission shall, to the extent feasible, attempt to conciliate the complaint.
(b) Where the aggrieved person has
			 commenced a civil action under an act of Congress or a State law seeking relief
			 with respect to the alleged discriminatory housing practice, and the trial in
			 the action has commenced, the Commission shall terminate conciliation unless
			 the court specifically requests assistance from the Commis-sion.
(c) Conciliation agreements shall be made
			 public, unless the aggrieved person and respondent request nondisclosure and
			 the Commission determines that disclosure of a conciliation agreement is not
			 required. The Commission may make public tabulated descriptions of the results
			 of all conciliation efforts.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-1 - Definitions

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 "Current illegal use of drugs" means illegal use of drugs that occurred
			 recently enough to justify a reasonable belief that a person's use is current
			 or that continuing use is a real and ongoing problem.
(b) "Professional office of health care
			 provider" means a location where a person or entity regulated by the State of
			 Kansas to provide professional services related to the physical or mental
			 health of an individual makes such services available to the public. The
			 facility housing the "professional office of a health care provider" shall only
			 include floor levels housing at least one health care provider, or any floor
			 level designed or intended for use by at least one health care provider.
(c) "Public transportation
			 facility" means transportation by bus, rail, aircraft, or any other conveyance
			 that provides the general public with general or special services, including
			 charter services, on a regular and continuing basis.
(d) "Qualified interpreter" means an
			 interpreter who is able to interpret effectively, accurately and impartially
			 both receptively and expressively, using any necessary specialized vocabulary.
(e) "Service animal" means any
			 guide dog, signal dog, or other animal individually trained to do work or
			 perform tasks for the benefit of an individual with a disability, including
			 guiding individuals with impaired vision, alerting individuals with impaired
			 hearing to intruders or sounds, providing minimal protection or rescue work,
			 pulling a wheelchair, or fetching dropped items.
(f) "Shopping center or shopping mall" means:
(1) a building housing five or more places of
			 public accommodation; or
(2) a
			 series of buildings on a common site, either under common ownership or common
			 control or developed either as one project or as a series of related projects,
			 housing five or more places of public accommodation. The facility housing a
			 "shopping center or shopping mall" only includes floor levels housing at least
			 one place of public accommodation, or any floor level designed or intended for
			 use by at least one place of public accommodation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-2 - Landlord and tenant responsibilities

Current through Register Vol. 43, No. 28, July 11, 2024
Both the landlord who owns the building that houses a place of
				public accommodation and the tenant who owns or operates the place of public
				accommodation shall be considered public accommodations subject to the act. As
				between the parties, allocation of responsibility for complying with the
				obligations of the act may be determined by lease or contract.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-3 - Activities; denial of participation

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 Denial of participation. A public accommodation shall not deny an individual or
			 class of individuals the opportunity to participate in or benefit from the
			 goods, services, facilities, privileges, advantages, or accommodations of that
			 place on the basis of a disability or disabilities of the individual or class,
			 either directly or through contractual, licensing or other arrangements.
(b) Participation in unequal
			 benefit. A public accommodation shall not provide an individual or class of
			 individuals, on the basis of a disability or disabilities of the individual or
			 class, with the opportunity to participate in or benefit from a good, service,
			 facility, privilege, advantage, or accommodation in a manner that is not equal
			 to that afforded to other individuals directly, or through contractual,
			 licensing, or other arrangements.
(c) Separate benefit. Unless such action is
			 necessary to provide the individual or class of individuals with a good,
			 service, facility, privilege, advantage, or accommodation, or other opportunity
			 that is as effective as that provided to others, a public accommodation shall
			 not provide an individual or class of individuals, on the basis of a disability
			 or disabilities of the individual or class, with a good, service, facility,
			 privilege, advantage, or accommodation that is different or separate from that
			 provided to other individuals, directly, or through contractual, licensing, or
			 other arrangements.
(d) Individual
			 or class of individuals. For purposes of subsections (a) through (c) of this
			 regulation, the term "individual or class of individuals" means the clients or
			 customers of the public accommodation that enter into the contractual,
			 licensing, or other arrangement.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-4 - Integrated settings

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation shall afford goods, services, facilities and
			 accommodations to an individual with a disability in the most integrated
			 setting appropriate to the needs of the individual.
(b) Notwithstanding the existence of separate
			 or different programs or activities provided in accordance with the act, a
			 public accommodation shall not deny an individual with a disability the
			 opportunity to participate in regular programs or activities.
Nondiscrimination on the Basis of Disability
(c)
(1)
			 Nothing in this regulation shall be construed to require an individual with a
			 disability to accept an accommodation, aid, service, opportunity, or benefit
			 available under the act that the individual chooses not to accept.
(2) Nothing in the act shall authorize a
			 representative or guardian of an individual with a disability to decline food,
			 water, or medical treatment and services for that individual.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-5 - Administrative methods

Current through Register Vol. 43, No. 28, July 11, 2024
A public accommodation shall not, either directly or through
				contractual or other arrangements, utilize standards, criteria or methods of
				administration that have the effect of discriminating on the basis of
				disability, or that perpetuate the discrimination by others who are subject to
				common administrative control.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-6 - Association

Current through Register Vol. 43, No. 28, July 11, 2024
A public accommodation shall not exclude or otherwise deny
				equal goods, services, facilities, accommodations, or other opportunities to an
				individual or entity because of the known disability of an individual with whom
				the individual or entity is known to have a relationship or association.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-7 - Retaliation or coercion

Current through Register Vol. 43, No. 28, July 11, 2024
A public accommodation shall not discriminate against any
				individual because that individual has opposed any act or practice made
				unlawful by the act, or because that individual made a complaint, testified,
				assisted, or participated in any manner in an investigation, proceeding, or
				hearing under the act.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-8 - Places of public accommodation located in private residences

Current through Register Vol. 43, No. 28, July 11, 2024
(a) When
			 a place of public accommodation is located in a private residence, the portion
			 of the residence used exclusively as a residence shall not be covered by the
			 act. However, that portion used exclusively in the operation of the place of
			 public accommodation, or that portion used both for the place of public
			 accommodation and for residential purposes, shall be covered by the act and
			 these regulations.
(b) The portion
			 of the residence covered under subsection (a) of this regulation extends to
			 those elements used to enter the place of public accommodation, including:
(1) the homeowner's front sidewalk, if any;
(2) the door or entryway;
(3) the hallways; and
(4) those portions of the residence, interior
			 or exterior, available to or used by customers or clients, including restrooms.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-9 - Direct threat

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The
			 act and these regulations shall not be interpreted to require a public
			 accommodation to permit an individual to participate in or benefit from the
			 goods, services, facilities and accommodations of that public accommodation
			 when that individual poses a direct threat to the health and safety of others.
(b) "Direct threat" means a
			 significant risk to the health or safety of others that cannot be eliminated by
			 a modification of policies, practices, or procedures, or by the provision of
			 auxiliary aids or services.
(c) In
			 determining whether an individual poses a direct threat to the health or safety
			 of others, a public accommodation shall make an individualized assessment,
			 based on reasonable judgment that relies on current medical knowledge or on the
			 best available objective evidence, to ascertain:
(1) the nature, duration, and severity of the
			 risk;
(2) the probability that the
			 potential injury will actually occur; and
(3) whether reasonable modifications of
			 policies, practices, or procedures will mitigate the risk.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-10 - Maintenance of accessible features

Current through Register Vol. 43, No. 28, July 11, 2024
(a) A
			 public accommodation shall maintain, in operable working condition, those
			 features of facilities and equipment that are required by the act and these
			 regulations to be readily accessible to and usable by persons with
			 disabilities.
(b) These
			 regulations do not prohibit isolated or temporary interruption in service or
			 access due to maintenance or repairs.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-11 - Safety

Current through Register Vol. 43, No. 28, July 11, 2024
A public accommodation may impose legitimate safety
				requirements that are necessary for safe operation. Safety requirements shall
				be based on actual risks and not on mere speculation, stereotypes, or
				generalizations about individuals with disabilities.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-12 - Charges

Current through Register Vol. 43, No. 28, July 11, 2024
A public accommodation shall not impose a surcharge on an
				individual with a disability to cover the costs of measures that are required
				to provide that individual with the nondiscriminatory treatment required by the
				act or these regulations, including the provision of auxiliary aids, barrier
				alternatives to barrier removal, and reasonable modifications in policies,
				practices, or procedures.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-13 - Modifications in policies, practices, or procedures

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation shall make reasonable modifications in policies, practices
			 or procedures, when the modifications are necessary to afford goods, services,
			 facilities or accommodations to individuals with disabilities, unless the
			 public accommodation can demonstrate that making the modifications would
			 fundamentally alter the nature of the goods, services, facilities or
			 accommodations.
(b) Any public
			 accommodation may refer an individual with a disability to another public
			 accommodation if:
(1) that individual is
			 seeking or requires treatment which is not within the referring public
			 accommodation's area of specialization; and
(2) in the normal course of its operations,
			 the referring public accommodation would make a similar referral for an
			 individual without a disability who seeks or requires the same treatment or
			 services.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-14 - Service animals

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation shall modify policies, practices or procedures as
			 necessary to permit the use of a service animal by an individual with a
			 disability.
(b) Nothing in the act
			 or these regulations requires a public accommodation to supervise or care for a
			 service animal.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-15 - Undue burden: definition and determination

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 "Undue burden" means significant difficulty or expense.
(b) In determining whether an action would
			 result in an undue burden, factors to be considered shall include:
(1) the nature and cost of the action needed
			 under the act;
(2) the overall
			 financial resources of the site or sites involved in the action considering:
(A) the number of persons employed at the
			 site;
(B) the effect on expenses
			 and resources;
(C) legitimate
			 safety requirements that are necessary for safe operation, including crime
			 prevention measures; and
(D) how
			 the action would otherwise impact the operation of the site; and
(3) whether the site or sites in
			 question have a parent corporation or entity, and if so:
(A) the geographic separateness, and the
			 administrative or fiscal relationship of the site or sites in question to the
			 parent corporation or entity;
(B)
			 the overall financial resources of any parent corporation or entity;
(C) the overall size of the parent
			 corporation or entity with respect to the number of its employees;
(D) the number, type, and location of the
			 parent corporation's or entity's facilities; and
(E) the type of operation or operations of
			 any parent corporation, including the composition, structure, and functions of
			 its workforce.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-16 - Auxiliary aids and services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation shall take those steps that may be necessary to ensure
			 that no individual with a disability is excluded, denied, segregated or
			 otherwise treated differently than other individuals because of the absence of
			 auxiliary aids and services, unless the public accommodation can demonstrate
			 that taking those steps would fundamentally alter the nature of the goods,
			 services, facilities or accommodations being offered or would result in an
			 undue burden.
(b) The term
			 "auxiliary aids and services" shall include:
(1) qualified interpreters, notetakers,
			 computer-aided transcription services, written materials, telephone headset
			 amplifiers, assistive listening devices, assistive listening systems,
			 telephones compatible with hearing aids, caption decoders, open and closed
			 captioning, telecommunications devices for deaf persons (TDD's), videotext
			 displays, or other effective methods of making aurally-delivered materials
			 available to individuals with hearing impairments;
(2) qualified readers, taped texts, audio
			 recordings, Brailled materials, large print materials or other effective
			 methods of making visually-delivered materials available to individuals with
			 visual impairments;
(3)
			 acquisition or modification of equipment or devices; and
(4) other similar services and actions.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-17 - Auxiliary aids and services; telecommunication devices for the deaf (TDD's)

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation that offers a customer, client, patient or participant the
			 opportunity to make outgoing telephone calls on more than an incidental
			 convenience basis shall make available, upon request, a TDD for the use of an
			 individual who has impaired hearing or a communication disorder.
(b) The act and these regulations do not
			 require a public accommodation to use a TDD for receiving or making telephone
			 calls incident to its operation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-18 - Auxiliary aids and services; closed caption decoders

Current through Register Vol. 43, No. 28, July 11, 2024
Each lodging establishment that provides televisions in five or
				more guest rooms and hospitals that provide televisions for patient use shall
				provide, upon request, a means for decoding captions for use by an individual
				with impaired hearing.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-19 - Alternatives to auxiliary aids and services

Current through Register Vol. 43, No. 28, July 11, 2024
(a) If
			 provision of a particular aid or service by a public accommodation would result
			 in a fundamental alteration in the nature of the goods, services, facilities or
			 accommodations being offered, or is an undue burden, the public accommodation
			 shall provide an alternative auxiliary aid or service, if one exists, that
			 would not result in an alteration or undue burden.
(b) The alternative auxiliary aid or service,
			 to the maximum extent possible, shall ensure that individuals with disabilities
			 receive the goods, services, facilities or accommodations offered by the public
			 accommodation.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-20 - Definition of readily achievable; determination

Current through Register Vol. 43, No. 28, July 11, 2024
(a)
			 "Readily achievable" means easily accomplished and able to be carried out
			 without much difficulty or expense.
(b) In determining whether an action is
			 readily achievable, factors to be considered shall include:
(1) The nature and cost of the action needed
			 under the act;
(2) the overall
			 financial resources of the site or sites involved in the action, considering:
(A) the number of persons employed at the
			 site;
(B) the effect on expenses
			 and resources;
(C) legitimate
			 safety requirements that are necessary for safe operation, including crime
			 prevention measures; and
(D) how
			 the action would otherwise impact the operation of the site; and
(3) whether the site or sites in
			 question have a parent corporation or entity, and if so:
(A) the geographic separateness, and the
			 administrative or fiscal relationship of the site or sites in question to the
			 parent corporation or entity;
(B)
			 the overall financial resources of any parent corporation or entity;
(C) the overall size of the parent
			 corporation or entity with respect to the number of its employees;
(D) the number, type, and location of the
			 parent corporation's or entity's facilities; and
(E) the type of operation or operations of
			 any parent corporation, including the composition, structure, and functions of
			 its workforce.
Kansas Administrative Regulations › Agency 21 - KANSAS HUMAN RIGHTS COMMISSION › Article 70 - NONDISCRIMINATION ON THE BASIS OF DISABILITY BY PUBLIC ACCOMMODATIONS › Section 21-70-21 - Removal of barriers

Current through Register Vol. 43, No. 28, July 11, 2024
(a) Each
			 public accommodation shall remove architectural barriers in existing
			 facilities, including communication barriers that are structural in nature, if
			 removal is readily achievable.
(b)
			 Removal of barriers may include the following actions:
(1) installing ramps;
(2) making curb cuts in sidewalks and
			 entranc-es;
(3) repositioning
			 shelves;
(4) rearranging tables,
			 chairs, vending machines, display racks, and other furniture;
(5) repositioning telephones;
(6) adding raised markings on elevator
			 control buttons;
(7) installing
			 flashing alarm lights;
(8)
			 widening doors;
(9) installing
			 offset hinges to widen doorways;
(10) eliminating a turnstile or providing an
			 alternative accessible path;
(11)
			 installing accessible door hardware;
(12) installing grab bars in toilet stalls;
(13) rearranging toilet partitions
			 to increase maneuvering space;
(14) insulating lavatory pipes under sinks to
			 prevent burns;
(15) installing a
			 full-length bathroom mirror;
(16)
			 repositioning the paper towel dispenser in a bathroom;
(17) creating designated accessible parking
			 spaces;
(18) installing an
			 accessible paper cup dispenser at an existing inaccessible water fountain;
(19) removing high pile, low
			 density carpeting;
(20) installing
			 vehicle hand controls;
(21)
			 installing a raised toilet seat; and
(22) installing assistive listening systems.