Anti-Discrimination Center

Sec. 18-114. - Powers, functions and duties of director of human resources. back to top

With respect to his duties under division 2 of this article, the director of human services shall have the following powers, functions and duties:

(1) To receive, initiate, investigate and pass upon complaints alleging discrimination in housing or real estate transactions because of race, religion, color, sex, handicap, national origin or ancestry and complaints alleging discrimination in housing because of familial status.

(2) To subpoena witnesses, compel their appearance, to take and record the testimony or statements of such persons, to require the production of records, documents and other possible sources of evidence, and to examine, record and copy such materials. The director may issue subpoenas to compel access to such materials or the production of such materials, or the appearance of such persons. The director may serve interrogatories and requests for admission to a respondent. The director shall exercise the powers set out in this subsection to the same extent and subject to the same limitations as would apply if the subpoenas, interrogatories, requests for production, requests for admission or notices to take deposition were issued or served in aid of a chapter 60 civil action in the district courts of the state.

(3) To hold public hearings, maintain formal records, and administer oaths.

(4) In case of the refusal of any person to comply with any subpoena, interrogatory, notice to take deposition or request for production issued by the director, the director may make application to the district court to compel compliance pursuant to ondition 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 March 13, 1991, a failure to design and construct such dwelling in such a manner that 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. With respect to dwellings with the building entrance on an accessible route, the following are required:

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 disabled persons who are in wheelchairs; and

c. All premises within such dwellings contain the following features of adaptive design:

1. An accessible route into and through the dwelling;

2. Light switches, electrical outlets, thermostats and other environmental controls in accessible locations;

3. Reinforcements in bathroom walls to allow later installation of grab bars; and

4. Usable kitchen and bathrooms such that an individual in a wheelchair can maneuver about the space.

Compliance with the appropriate requirements of the American National Standard for buildings and facilities providing accessibility and usability for physically disabled people, commonly cited as "ANSI 117.1," suffices to satisfy the requirements of subsection (b)(3)b. of this section.
(d) Nothing in this section prohibits a person engaged in the business of furnishing appraisals of dwellings to take into consideration factors other than race, religion, color, sex, disability, familial status, national origin or ancestry.

(Code 1964, § 11-26(1); Code 1988, § 18-74; Ord. No. 54685, § 1, 3-4-1976; Ord. No. 65813, § 3, 7-1-1993; Ord. No. 65972, § 2, 12-22-1994; Ord. No. 66146, § 1, 9-16-1996)

Cross reference-Residential rental dwellings, § 19-225 et seq.

State law reference-Similar provisions, K.S.A. 44-1016.

Sec. 18-119. - Complaint procedures. back to top

(a) Complaint. Any person aggrieved may file a verified complaint with the director. Such complaints shall be in writing, shall state the facts upon which the allegation of a discriminatory housing practice is based, and shall contain such other information and be in such form as the director may require. Complaints must be filed within one year after the alleged discriminatory housing practice occurred. The commission, director or unified government chief counsel may initiate, sign and file such complaints. Complaints may be reasonably and fairly amended at any time prior to issuance of a notice of hearing under subsection (m) of this section, thereafter, as permitted by the presiding officer.

(b) Notice. Upon receipt of any such complaint, the director shall serve notice upon the aggrieved person acknowledging such filing and advising the aggrieved person of the time limits and choice of forums provided under this division. Within ten days after the filing of the complaint, the director shall serve on the respondent a notice identifying the alleged discriminatory housing practice and advising the respondent's procedural rights and obligations under this division, together with a copy of the original complaint.

(c) Answer. A respondent must file an answer to the complaint with the director no later than ten days after service of the notice of the complaint.

(d) Investigation by director. Whenever the director has, in his own judgment, reason to believe that any person has engaged in a discriminatory housing practice in violation of this division, or has engaged in a pattern or practice of discrimination, the director may conduct an investigation without filing a complaint and shall have the same powers during such investigation as provided for in the investigation of complaints. The person to be investigated shall be advised of the nature and scope of the investigation prior to its commencement. The purpose of the investigation shall be to resolve any such problems promptly. In the event such problems cannot be resolved within a reasonable time, the director, on his own initiative, may issue a complaint whenever the investigation has revealed that a violation of this division has occurred. The information gathered in the course of the first investigation may be used in processing the complaint.

(e) Later-named respondents. A person who is not named as a respondent in a complaint, but who is identified as a respondent in the course of investigation may be joined as an additional or substitute respondent upon written notice, under subsection (b) of this section, to such person from the director.

(f) Conciliation.

(1) During the period beginning with the filing of such complaint and ending with the commencement of an administrative hearing or a dismissal of the complaint, the director shall, to the extent feasible, engage in conciliation with respect to such complaint.

(2) A conciliation agreement arising out of such conciliation shall be an agreement between the respondent and the complainant, and shall be subject to approval by the director. Such agreements may include in the provisions thereof any terms or conditions, which may be included in a final order of the director.

(3) Each conciliation agreement shall be made public unless the person aggrieved and the respondent otherwise agree and the director determines that disclosure is not required to further the purposes of this article.

(4) Any of the parties to a conciliation agreement may apply to a court of competent jurisdiction for the specific performance of any such agreement.

(g) Time allowed for investigation of complaint. After the director assumes jurisdiction of a complaint, the director shall, within 30 days after receipt of the complaint, commence an investigation thereof and complete such investigation, including conciliation efforts, within 100 days after the filing of the complaint unless it is impractical to do so. If the director is unable to complete the investigation within 100 days, the director shall inform the parties in writing of the reasons for not doing so. The director shall make final administrative disposition of a complaint within one year of the date of receipt of a complaint unless it is impracticable to do so. If the director is unable to do so, he shall notify the complainant and respondent, in writing, of the reasons for not doing so.

(h) Temporary or preliminary relief. If the director concludes at any time following the filing of a complaint that prompt judicial action is necessary to carry out the purposes of this article, the director may bring a civil action for appropriate temporary or preliminary relief, pending final disposition of the complaint under this section. Any temporary restraining order or other order granting preliminary or temporary relief shall be issued in accordance with the rules of civil procedure. The commencement of a civil action under this subsection does not affect the initiation or continuation of administrative proceedings under this article.

(i) Reasonable cause determination. Upon completion of the investigation, two commissioners will be assigned by the chairperson of the commission to determine, with the advice of the unified government chief counsel or his designee, whether reasonable cause exists based upon the documented results of the investigation. If the two commissioners are unable to agree on whether reasonable cause exists, the unified government chief counsel shall determine the matter.

(j) No reasonable cause. If it is determined that no reasonable cause exists for crediting the allegations of the complaint, the director, within ten business days from such determination, shall cause to be issued and served upon the complainant and respondent written notice of such determination. The director shall then administratively close the commission's complaint file.

(k) Notice of reasonable cause determination and conciliation efforts. If it is determined that reasonable cause exists for crediting the allegations of the complaint, the director shall serve written notice of such determination on the person aggrieved. The director shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion, which shall be held insofar as possible. If the director is unable to resolve the alleged unlawful discriminatory housing practice within 30 days of the reasonable cause determination, he shall notify the parties in writing that conciliation efforts have failed.

(l) Election for a civil action.

(1) After the director has issued a notice of conciliation failure pursuant to this section, the complainant, the respondent, or the director may elect to have the claims and issues asserted in the reasonable grounds determination decided in a civil action commenced and maintained by the commission.

(2) An election for a civil action under this subsection shall be made no later than 20 days after an electing complainant or respondent receives the notice of conciliation failure, or if the director makes the election, not more than 20 days after the notice of conciliation failure is issued. A complainant or respondent who makes an election for a civil action pursuant to this subsection shall give notice to the director. If the director makes an election, he shall notify all complainants and respondents of the election.

(3) If an election for a civil action is made under this subsection, the director shall commence a civil action in a court of competent jurisdiction in his own name on behalf of the complainant. In such an action, the director shall be represented by an attorney employed by the unified government chief counsel or his designee.

(4) In a civil action brought pursuant to this subsection, the rights and remedies of the parties shall be determined by applicable federal and state law.

(5) In those actions in which the director is represented by the unified government chief counsel or his designee, the choice of forum shall be made by the unified government chief counsel or his designee, and such choice shall not be subject to review or challenge.

(6) An aggrieved person may commence a civil action in an appropriate United States district court or state court not later than two years after the occurrence or the termination of an alleged discriminatory housing practice or the breach of a conciliation agreement entered into under this article, whichever occurs last, to obtain appropriate relief with respect to such discriminatory housing practice or breach. The computation of such two-year period shall not include any time during which an administrative proceeding under this article was pending with respect to a complaint or charge under this article based upon such discriminatory housing practice. This subsection does not apply to actions arising from a breach of a conciliation agreement.

(7) An aggrieved person may commence a civil action under this subsection whether or not a complaint has been filed and without regard to the status of any such complaint, but if the secretary or a state or local agency has obtained a conciliation agreement with the consent of an aggrieved person, no action may be filed under this subsection by such aggrieved person with respect to the alleged discriminatory housing practice which forms the basis for such complaint except for the purpose of enforcing the terms of such an agreement.

(8) An aggrieved person may not commence a civil action under this subsection with respect to an alleged discriminatory housing practice that forms the basis of a charge if an administrative law judge has commenced a hearing on the record under this article with respect to such charge.

(m) Formal administrative hearing.

(1) If the director is unable to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion, and if an election for a civil action under subsection (l) of this section is not made, a formal administrative hearing shall be held in the manner provided herein. Notice of such hearing shall be served by the director to all parties.

(2) The formal administrative hearing shall be governed by the provisions of K.S.A. 77-520, 77-523, 77-524, and 77-531. A municipal judge shall serve as the presiding officer pursuant to K.S.A. 77-514. In any such hearing, the burden of proof shall be on the complainant, who shall be represented without cost by an attorney employed by the unified government chief counsel or his designee.

(3) The complainant or respondent may apply to the presiding officer with a request that the director issue subpoenas for the attendance of any person or the production or examination of any books, records or documents pertinent to the proceeding at the hearing. Upon such application, the director shall issue such subpoenas.

(4) The order of the presiding officer shall be deemed an order of the director.

(n) Final order of the director.

(1) If the presiding officer shall find that a respondent has engaged in or is engaging in any discriminatory housing practice, the presiding officer shall render an order on behalf of the director requiring the respondent to cease and desist from such discriminatory housing practice, and such order may direct a respondent to take such affirmative action as the presiding officer deems necessary to effectuate the intent and purposes of this article, including, but not limited to, the selling or renting of specified dwellings and the lending of money for the acquisition, construction, rehabilitation, repair or maintenance of a dwelling. If the presiding officer finds that a respondent has engaged in or is about to engage in a discriminatory housing practice, such presiding officer shall promptly issue an order for such relief as may be appropriate, which may include actual damages suffered by the aggrieved person and injunctive or other equitable relief. Such order may, to vindicate the public interest, assess a civil penalty against the respondent:

a. In an amount not exceeding $10,000.00, if the respondent has not been adjudged to have committed any prior discriminatory housing practice;

b. In an amount not exceeding $25,000.00, if the respondent has been adjudged to have committed one other discriminatory practice during the five-year period ending on the date of the filing of this charge; and

c. In an amount not exceeding $50,000.00, if the respondent has been adjudged to have committed two or more discriminatory housing practices during the seven-year period ending on the date of the filing of this charge;

Except that, if the acts constituting the discriminatory housing practice that is the object of the charge are committed by the same natural person who has been previously adjudged to have committed acts constituting a discriminatory housing practice, then the civil penalties set forth in subsections (n)(1)b and (n)(1)c of this section may be imposed without regard to the period of time within which any subsequent discriminatory housing practice occurred. Such civil penalties shall be paid into the unified government treasury to the credit of the general fund.

(2) The director's order shall be subject to enforcement and review pursuant to K.S.A. 12-16,106.

(3) Within 15 days after the director's order is served by the commission requiring or prohibiting action by a respondent, the respondent shall notify the director in writing of the manner in which the respondent has complied with the order.

(4) If the presiding officer finds that a respondent has not engaged in an unlawful discriminatory housing practice, the presiding officer shall render an order on behalf of the director dismissing the complaint as to such respondent.

(o) In the case of an order with respect to a discriminatory housing practice that occurred in the course of a business subject to a licensing or regulation by a state agency, the director may, not later than 30 days after the respondent has complied with the order, or, if such order is judicially reviewed under subsection (n) of this section, 30 days after such order is in substance affirmed upon such review:

(1) Send copies of the findings of fact, conclusions of law, and the order to that agency; and

(2) Recommend to the agency appropriate disciplinary action, including, where appropriate, the supervision or revocation of the license of the respondent.

(Code 1988, § 18-76; Ord. No. 65813, § 5, 7-1-1993; Ord. No. 65972, § 4, 12-22-1994; Ord. No. 66146, § 1, 9-16-1996)

Secs. 18-120-18-136. - Reserved.