ORDINANCE NUMBER 25-11244
AN ORDINANCE AMENDING SALINA CODE SECTIONS 13-101 AND 13-104 PERTAINING TO EQUAL OPPRTUNITY & UNLAWFUL HOUSING PRACTICES AND REPEALING THE EXISTING SECTIONS.
BE IT ORDAINED by the Governing Body of Salina, Kansas:
Section 1. Amendment. Section 13-101 of the Salina Code is amended to read as follows:
Sec. 13-101. Discriminatory housing practices.
(a) Subject to the provisions of subparagraph (b) of this section and to the general limitations set forth in 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.
(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 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:
(i) 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.
(ii) With respect to dwellings with a building entrance on an accessible route:
A. The public use and common use portions of such dwellings are readily accessible to and usable by persons with disabilities;
B. 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
C. 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 A117.1," suffices to satisfy the requirements of subsection (8)c.3.(ii)C.
e. As used in this subsection (8), "covered multifamily dwellings" means:
1. Buildings consisting of four (4) or more units if such buildings have one (1) or more elevators; and
2. Ground floor units in other buildings consisting of four (4) 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.
(b) Nothing in this section, except the prohibitions against discriminatory statements and advertising as provided in subparagraph (a) (3) 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 (3) single-family houses at any one (1) 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 (1) such sale in any twenty-four-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 (1) of such living quarters as the owner's residence.
Section 2. Amendment. Section 13-104 of the Salina Code is amended to read as follows:
Sec. 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) (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 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:
1. The existence of significant facilities and services specifically designed to meet the physical or social needs of older persons, or if the provision of such facilities and services is not practicable, that such housing is necessary to provide important housing opportunities for older persons; and
2. That at least eighty (80) percent of the units are occupied by at least one person fifty-five (55) years of age or older per unit; and
3. 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 (c)(2)b. or c.; provided, that new occupants of such housing meet the age requirements of sections (c)(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 (c)(2)b. or c.
(c) Nothing in this chapter prohibits conduct against a person because such person has been convicted two (2) 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 3. Repealer. Existing Salina Code Sections 13-101 and 13-104 are repealed.
Section 4. Publication. The City Clerk shall cause this ordinance, as soon as practicable after it has been passed and signed, to be published on the City’s website as the designated official city newspaper.
Section 5. Effective date. This ordinance shall be in full force and effect from and after its publication.
Passed: June 9, 2025
Greg Lenkiewicz, Mayor
ATTEST:
Nikki Goding, City Clerk