The Governing Body declares it to be the public policy of said city to eliminate discrimination and safeguard the right of any person to sell, purchase, lease, rent or obtain 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 of Cherryvale, Kansas, for the protection of the public welfare, prosperity, health and peace of the people of said city.

(K.S.A. 12-713; K.S.A. 44-1001, et seq.; Ord. 08-4556; Code 2001, 5-706; Code 2014)

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 or corporation.

(b)   “Discriminate,” to make distinctions in treatment because of race, color, religion, sex or national origin of any person.

(K.S.A. 12-713; K.S.A. 44-1001, et seq.; Ord. 08-4556; Code 2001, 5-706; Code 2014)

It shall be a discriminatory practice and unlawful:

(a)   For any person having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit or real property, or any part or portion thereof or interest therein, to refuse to sell, rent, lease, assign, or sublease any dwelling unit, commercial unit, real property, or part or portion thereof or interest therein to any person because of the race, color, religion, sex or national origin of said person.

(b)   For any person having the right, responsibility or authority to sell, rent, lease, assign or sublease any dwelling unit, commercial unit of real property, or any part or portion thereof or interest therein, to impose upon any person because of the race, color, religion, sex, or national origin of such person unusual, extraordinarily onerous terms, conditions, or privileges in the sale, rental, leasing, assignment or subleasing of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to require a higher sale price or rental or otherwise impose terms more burdensome upon any person because of race, color, religion, sex, or national origin, and which would not be required of other persons.

(c)   For any person engaged in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property, or any part or portion thereof or interest therein to discriminate because of race, color, religion, sex, or national origin of any person applying for loans or guarantees or mortgages in lending money, guaranteeing loans, accepting mortgages or otherwise making available funds for the purchase, acquisition, construction, rehabilitation, repair or maintenance of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, or to place unusual, extraordinarily onerous rates of interest, terms or conditions on the lending of said money, the guaranteeing of said loans, acceptance of said mortgages or the availability of such funds.

(d)   For any person to discriminate in furnishing any facilities or services to any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, because of the race, color, religion, sex or national origin of any person making application for such facilities or services.

(e)   For any person in the real estate business, whether a dealer, broker, or regardless of the capacity in which serving, to discriminate in the selling, renting, leasing, assigning or subleasing of any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, against any person because of race, color, religion, sex, or national origin of such person and, further, to indicate in any way that any dwelling unit, commercial unit, real property, or any part or portion thereof or interest therein, is not available for inspection, sale, rental, lease, assignment, or sublease, or otherwise to deny or withhold any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, from any person because of race, color, religion, sex, or national origin of such person.

(f)    For any person to include in any agreement relating to the sale, rental, lease, assignment or sublease of any dwelling unit, commercial unit, or real property, or any part or portion thereof or interest therein, as a condition of said transaction, that the purchaser, renter, tenant, occupant or assignee does agree not to sell, rent, lease, assign or sublease the said dwelling unit, commercial unit, or real property or any part or portion thereof or interest therein to any person because of race, color, religion, sex, or national origin of such person.

(g)   For any person to 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 to 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.

(h)   For any person to aid, abet, incite, compel, coerce, cooperate or participate in the doing of any act declared to be a discriminatory 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. .

(i)    For any person to induce or attempt to induce the sale or listing for sale of any dwelling unit, commercial unit or real property or any part or portion thereof or interest therein, 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 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 the area.

(j)    To 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 representations are not made for a bona fide purchase, rental, or lease of real property; provided, however, this article 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.

(k)   For any person having the right, responsibility, or authority to sell, rent, lease, assign, or sublease any dwelling unit, commercial unit; or real property, or any part or portion thereof or interest therein to directly or indirectly advertise, or in any other manner indicate or publicize, that the purchase, rental, lease, sublease or assignment, listing, showing, or the lending of funds in connection with any dwelling unit, commercial unit, real property or any part or portion thereof or interest therein, by persons of any particular race, color, religion, sex, or national origin is unwelcome, objectionable, not acceptable, or not solicited.

(K.S.A. 12-713; K.S.A. 44-1001, et seq.; Ord. 08-4556; Code 2001, 5-706; Code 2014)

The provisions of this article shall not apply to the following:

(a)   Any bona fide religious institutions with respect to any qualifications it may impose based upon religion when such qualifications are related to a bona fide religious purpose.

(b)   A rental or leasing of a dwelling unit in a building which contains housing accommodations for not more than two (2) families living independently of each other if the owner or members of his family reside in such dwelling unit.

(c)   A rental or leasing to less than five (5) persons living in a dwelling unit by the owner if the owner or members of his family reside therein.

(K.S.A. 12-713; K.S .A. 44-1001, et seq.; Ord. 08-4556; Code 2001, 5-706; Code 2014)

(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 City Clerk and furnishing such information as the City Clerk may require. Any complaint filed shall allege the date of the incident.

(b)   Every complaint of a violation of this article shall be referred to the Fair Housing Officer as appointed by the City Administrator of the City of Cherryvale. The Fair Housing Officer shall forthwith notify the person against whom the complaint was made. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at the time. If the Fair Housing Officer, after his or her investigation finds that there is no merit to the complaint, the same shall be dismissed. If the Fair Housing Officer finds there is merit to the complaint, in their opinion, then and in that event the Fair Housing Officer, or his or her designee, will endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

(c)   If the Fair Housing Officer is unable to eliminate the alleged discriminatory practice by a conference and conciliation, then and in that event the Fair Housing Officer shall forward said complaint to the City Attorney for handling. The final determination of whether or not to prosecute on said complaint shall be left to the City Attorney.

(d)   Any person not satisfied with the results of the complaint filed may also file a complaint with the Fair Housing and Equal Opportunity Division of the United States Department of Housing and Urban Development, Regional Office, Fourth and State, Kansas City, Kansas 66101.

(K.S.A. 12-713; K.S.A. 44-1001, et seq.; Ord. 08-4556; Code 2001, 5-706; Code 2014)