It is the policy of the City of Thayer to provide within its constitutional limitation and the laws of the State of Kansas, fair housing opportunity throughout the City of Thayer.

(Ord. 290; Code 2018)

(a)   Fair Housing Opportunity in this context means the absence of discriminatory housing activity and unlawful practice as delineated in Sections 5-302, 5-304, 5-305 and 5-306.

(b)   Dwelling, means any building, structure, or portion thereof, which is occupied as or designed or intended for any occupancy as a residence by one or more families, and shall by implication include any vacant land offered for sale or lease for the construction or location thereon of such building, structure or portion thereof.

(c)   Rent, includes any lease, sublease the “letting of property” and any other such activity which grants for a consideration the right to occupy premises owned by another.

(Ord. 290; Code 2018)

Except as otherwise provided in this article, it shall be unlawful:

(a)   To refuse to sell or rent after the making of a bona fide offer, or to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion or national origin.

(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 therewith, because of race, color, religion or national origin.

(c)   To make print or publish or cause to be made, printed or published any notice statement or advertisement, which indicates any preference limitation or discrimination based on race, color, religion or national origin in the sale or rental of a dwelling.

(d)   To represent to any person that any dwelling is not available for inspection sale or rental when in fact said dwelling is available; because of race, color, religion or national origin of the person involved.

(e)   For profit, to induce or attempt to induce any person to sell or rent any dwelling through use of representations regarding the entry or prospective entry into the neighborhood of a person or persons of a race, color, religion or national origin.

(Ord. 290; Code 2018)

It shall be unlawful for any lending association, insurance company or other corporation or association whose business consists in the whole or in part in the making of commercial real estate loans, to deny a loan or other financial assistance to any person for the purpose of purchasing, constructing, improving, repairing, or maintaining a dwelling or to discriminate against said person in the fixing amount, interest rate duration, or other terms or conditions of such loan or other financial assistance because of the race, color, religion or national origin of said person or persons associated with him or her.

(Ord. 290; Code 2018)

It shall be unlawful to deny any person access to, or membership or participate in, any multiple listing service, estate brokers organization, or other service organization or facility relating to the business of selling or renting dwellings, or to discriminate against any person in terms of conditions of such access, membership or participation on account of race, color, religion or national origin.

(Ord. 290; Code 2018)

It shall be unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of, or on account of his having aided or encouraged any other person in the exercise or enjoyment of any right granted or protected by other sections of this article.

(Ord. 290; Code 2018)

(a)   Nothing in this article shall prohibit a generally recognized religious organization operated, supervised, or controlled by or in conjunction with a generally recognized religious organization, from limited 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 the basis of race, color, religion or national origin. Nor shall anything in this article prohibit a private club, no in fact open to the public, which is incidental to its primary purpose, from providing lodgings which it owns or operates for other than a commercial purpose, from limiting the rental occupancy of such lodgings to its members, or from giving preference to its members, provided membership in such club is not restricted on account of race, color, religion or national origin.

(b)   Single-family houses sold or rented by an owner shall be exempt from the conditions of this article, provided that the owner does not own more than three such single-family houses at any one time, and provided that said owner does not own any interest in the sale or rental of any additional houses. Provided further, that in the case of the sale of any such house by an owner not residing in the house, or who was not the most recent resident of said house, the exemption shall apply only to one such sale within any twenty-four-month period. Provided further, that said sale or rental is made without the use in any manner of the facilities of any real estate broker, agent or salesman or any person in the business of selling or renting dwellings.

(c)   Rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his or her residence.

(Ord. 290; Code 2018)

The authority and responsibility for administering this article shall be the City Council of the City of Thayer or their officially appointed delegate who may be an employee of the City or a board of such employees. The council shall by rule prescribe such rights of appeal from decisions of the delegated employees to other employees or to the elected officials of the City, as shall be appropriate and in accordance with the law. The City Council shall provide such educational and conciliatory activities as will further the purposes of this article, including conferences of persons in the housing industry, with the intent of working out programs of voluntary compliance and enforcement.

(Ord. 290; Code 2018)

(a)   Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice, that is about to occur (hereafter “person aggrieved”) may file a complaint with the City Council. Complaints shall be in writing and shall contain such information and b in such form as the City Council requires. Upon receipt of such a complaint, the City Council shall furnish a copy of the same to the person or person who allegedly committed or are about to commit the alleged discriminatory housing practice. Within thirty days after receiving a complaint, or within thirty days after the expiration of any period of reference under subsection (c) the City Council shall investigate the complaint and give notice in writing to the person aggrieved whether he intends to resolve it. If the City Council intends to resolve the complaints, they shall proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation, and persuasion. Nothing said or done during such informal endeavors may be made public without the written consent of the persons concerned. Any public information in violation of this provision shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned not more than one year.

(b)   A complaint under subsection (a) shall be filed within one hundred and eighty days after the alleged discriminatory housing practice occurred. Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory housing practice are based. Complaints may be reasonably and fairly amended at any time. A respondent may file an answer to the complaint against him and with the leave of the City Council, which shall be granted whenever it would be reasonable and fair to do so, may amend his answer at any time. Both complaints and answers shall be verified.

(c)   If, within thirty days after a complaint is filed with the City Council, the City Council has been unable to obtain voluntary compliance with this article, the person aggrieved may, within thirty days thereafter, file a complaint with the Secretary of the Department of Housing and Urban Development. The City Council will assist in this filing.

(d)   If the City Council has been unable to obtain voluntary compliance within thirty days of the complaint, the person aggrieved may, within thirty days thereafter, commence a civil action in any appropriate court, against the respondent named in the complaint, to enforce the rights granted or protected by this article, insofar as such rights relate to the subject of the complaint. If the court finds that a discriminatory housing practice has occurred or is about to occur, the court may enjoin the respondent from engaging in such practice or order such affirmative action as may be appropriate.

(e)   In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.

(f)   Whenever an action filed by an individual shall come to trial, the City Council shall immediately terminate all efforts to obtain voluntary compliance.

(e)   In any proceeding brought pursuant to this section, the burden of proof shall be on the complainant.

(g)   Any person who has intimidated any other person from the exercise or enjoyment of the rights under section 6 shall be subject to a fine of not more than $1,000, or imprisoned not more than a year or both, and if bodily injury results, shall be fined or imprisoned not more than 10 years or both and if death results shall be subject to imprisonment for any term of years.

(Ord. 290; Code 2018)