The governing body of the city 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 real property without regard to race, color, national origin or ancestry. This article shall be deemed and exercised by the police powers of the city for the protection of the public welfare, prosperity, health and peace of the people of the city.

(R.O. 1971, 6-1001)

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 one or more individuals, partnerships, associations, organizations, corporations, legal representatives, trustees, trustees in bankruptcy or receivers;

(b)   Discriminate shall mean making distinction in treatment because of race, color, religion or national origin of any person;

(c)   Unlawful discriminatory housing practice shall mean any discrimination or segregation or separation against any person or group of persons because of race, color, national origin or ancestry and shall include only those unlawful practices and acts as set forth in section 6-903 of this article;

(d)   Real property shall include all real estate, leaseholds and any vacant land offered for sale or rent;

(e)   Dwelling Unit and Commercial Unit shall mean any building or portion thereof, presently constructed or to be constructed, which is used or intended for use as the residence or sleeping place of one or more persons: Provided, That said words as used in this article shall not mean or include:

(1)   The rental of a dwelling or portion thereof, containing no more than two family living units, one of which is occupied by the owner of his or her family at the time of rental.

(2)   The rental of less than four rooms in a dwelling containing only one family living unit and in which such dwelling the owner or occupant of such dwelling, or his or her family reside.

(3)   Family living unit as used above shall mean a room or group of rooms with culinary and sanitary facilities which are designed or intended for occupancy by a Single family.

(f)   Real property. dwelling unit and commercial unit as used in this article shall not mean or include 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.

(Ord. 2942, Sec. 1)

It shall be an unlawful discriminatory housing practice:

(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 portions thereof or interest therein to any person because of the race, color, religion, national origin or sex of said person, or for such person to advertise said property in such manner or to discriminate against any person because of race, color, religion, national origin or sex of such person.

(b)   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 impose upon any person because of the race, color, religion, national origin or sex 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, national origin or sex 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, national origin or sex 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, extraordinary, 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 part of portion thereof because of the race, color, religion, national origin or sex of any person making application for such facilities or service.

(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, rental, 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 the race, color, religion, national origin or sex 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, when in fact the same is available, for inspection, sale, rental, lease, assignment, or sublease, or otherwise to deny or withhold the dwelling unit, commercial unit, real property or any part or portion thereof, or interest therein, from any person because of the race, color, religion, national origin or sex of such person.

(f)   For any person, to include in any agreement relating to the sale, rental, leave, 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, national origin or sex of such person.

(g)   For any person, to discriminate or engage in economic or other reprisals against another person because such person complies with the provisions of this article or has opposed any practices 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 housing 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 housing 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 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 include such sale by representing that the presence or anticipated presence of persons of any particular race, religion, national origin or sex 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)    For any person, to deny or prevent a person from obtaining access to membership or participation in mutual listing services, real estate broker’s organizations or other real estate services because of the race, color, religion, national origin or sex of such person.

(Ord. 3629, Sec. 1)

A fair housing board shall be created and have the functions, powers and duties as follows:

(a)   Appointment or Designation of Board; Quorum and Voting. In the absence of the appointment by the governing body of the city of members to serve this function, the governing body of the city shall also serve as the Fair Housing Board for purposes of this article, with the mayor serving as the chairperson and the vice-mayor serving as the vice-chairperson thereof. The governing body serving in this capacity shall retain its quorum requirements as provided by law or ordinance. The quorum of an appointed board shall be such number as constitutes a majority of the appointed members. The board in either event shall act by a majority vote of the members in attendance, provided the members in attendance constitute a quorum; provided, however, that in the absence of a quorum the members present by majority vote thereof may adjourn the meeting to another date and time.

(b)   Jurisdiction. The Fair Housing Board shall have the following functions, powers and duties:

(1)   It shall be the administrative agency of this article and shall adopt, promulgate, amend and rescind rules and regulations to carry out the provisions of this article and its actions thereunder; subject, however to the approval of the governing body of the city. A copy of such rules and regulations and amendments thereto or revision thereof, showing such approval, shall be filed with the City Clerk.

(2)   To receive, initiate, investigate and pass upon complaints alleging discriminatory housing practice as defined herein.

(3)   To hold hearings and, where deemed necessary by a majority vote of said board, to request the municipal court to issue subpoenas for witnesses, which shall be issued and enforced by said court in the same manner as subpoenas are issued and enforced by said court in all other matters before it.

(c)   Appeal to District Court. Any person or persons aggrieved by the decision of the Housing Advisory and Appeals Board, and with lawful standing to do so, may appeal to the District Court of Harvey County under the provisions of K.S.A. 60-2101(d).

(Ord. 2942; Ord. 4416-02, Sec. 2)

Complaints in the city shall be processed as follows:

(a)   Any person claiming to be aggrieved of an unlawful discriminatory housing practice, hereinafter referred to as a complainant, may on his or her own behalf or by his or her attorney make, sign and file with the fair housing board a complaint in writing, under oath, which shall state the name and address of the person alleged to have committed an unlawful discriminatory housing practice and setting forth the particulars thereof and contain such other information as may be required by the fair housing board.

(b)   In the alternative, the fair housing board may issue, in like manner, a verified complaint of an alleged unlawful discriminatory housing practice.

(c)   Any complaint filed pursuant to this section must be filed with the fair housing board within 180 days after the date of the alleged incident.

(d)   Upon the filing of a complaint, a true copy thereof shall forthwith be transmitted by certified United States mail, postage prepaid, addressed to the person complained against and the fair housing board shall designate one of its members to make a prompt, full investigation of the unlawful discriminatory housing practice alleged within 30 days after the original receipt of such complaint. Upon making said investigation said member shall report to the full board the findings of his or her investigation.

(e)   In the event the fair housing board, after receipt of said report, find there is no merit to the complaint, the same shall be dismissed and notice thereof in writing shall be given the complainant and the respondent of such determination. In the event the fair housing board finds that there is merit to the complaint, said board shall endeavor to eliminate the alleged discriminatory practice by conference and conciliation. The proceedings of the board shall not be made public unless it has been so authorized by the person against whom the complaint was made.

(f)   In the event the fair housing board is unable to eliminate the alleged discriminatory housing practice by conference and conciliation, the board 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.

(Ord. 3629, Sec. 2)

Provisions of this article shall be enforced in the City of Newton as follows:

(a)   Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and upon conviction thereof may be fined in an amount of not more than $500, or by confinement in the city jail for not more than 90 days or by both such fine and imprisonment.

(b)   The city attorney, instead of filing a complaint in municipal court of said city, may as an alternative remedy, seek to have the alleged discriminatory housing practice abated by an action for an injunction to be maintained in the appropriate District Court of the State of Kansas.

(Ord. 2942, Sec. 3)

If any section of this article should be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction then the section shall be considered separately and apart from the remaining provisions of this article, the section to be completely separable from the remaining provisions of this article which shall remain in full force and effect.

(Code 1975, 6-907)