Kansas 2023-2024 Regular Session

Kansas Senate Bill SB77

Introduced
1/23/23  
Refer
1/24/23  

Caption

Authorizing the Kansas human rights commission or any city or county to remove an unlawful restrictive covenant by recording a redacted plat or declaration.

Impact

The passage of SB77 would have significant implications for homeowners associations and the enforcement of housing discrimination laws in Kansas. It empowers the Kansas human rights commission, as well as local cities and counties, to take action against associations that fail to comply with the provisions outlined in the act. Notably, the bill stipulates that a failure to remove such covenants may enable affected individuals to seek injunctive relief in court, thereby reinforcing the legal framework against discriminatory practices in housing. This mechanism seeks to protect individuals from the adverse effects of outdated and discriminatory housing rules.

Summary

Senate Bill 77 aims to address housing discrimination in Kansas by authorizing the removal of unlawful restrictive covenants that are in violation of the Kansas Act Against Discrimination. The bill allows for homeowners associations to be compelled to amend their governing documents to remove such restrictive covenants within a defined timeframe. Specifically, associations must delete these unlawful provisions within 60 days of the bill's effective date, and they can do so without needing approval from the members. This streamlining is intended to facilitate compliance with non-discriminatory housing practices.

Contention

Discussion around SB77 may reveal points of contention regarding the authority and space local governments hold in addressing discriminatory practices versus the self-regulatory environments of homeowners associations. Critics might argue that the bill's provisions could be seen as an invasion of the autonomy of these associations, and there could be concerns regarding the potential for litigation should associations fail to remove the covenants in the assigned timeline. Additionally, debates could ensue on the balance between state intervention and local control, especially on matters pertaining to community governance and individual property rights.

Companion Bills

No companion bills found.

Previously Filed As

KS AB1857

An act to add Section 714.8 to the Civil Code, relating to land use.

KS AB1050

Unlawfully restrictive covenants: housing developments.

KS S1080

For the removal of void restrictive covenants

KS H1762

For the removal of void restrictive covenants

KS SB513

Real Property - Unlawfully Restrictive Covenant Modifications - County or Municipality Notice Requirements

KS SF559

Certain restrictive covenants removal fees prohibition

KS H7935

Increases continuing education requirements for physician assistants, removes restrictions of PAs to render charitable care and aid for school and youth programs or cardiac arrest and removes restrictive covenants as to ownership by a PA.

KS S2868

Increases continuing education requirements for physician assistants, removes restrictions of PAs to render charitable care and aid for school and youth programs or cardiac arrest and removes restrictive covenants as to ownership by a PA.

KS SB2481

Residential subdivisions; authorize property owners to establish and/or amend covenants, conditions and restrictions.

KS S08760

Requires the modification of restrictive covenants prior to the sale of real property when covenants, conditions and restrictions exist which discriminate on the basis of a protected class in violation of state or federal law.

Similar Bills

IL HB1575

RESTRICT COVENANT MODIFY FEE

HI SB2381

Relating To Corrections.

HI SB104

Relating To Corrections.

NJ A4351

Provides for restricted use driver's license as alternatives for license suspension in municipal court.

NJ A4292

Provides for restricted use driver's license as alternative for license suspension in municipal court.

CA AB1857

Unlawfully restrictive covenants: grocery stores and supermarkets.

NV AB167

Revises provisions relating to the use of corrective room restriction. (BDR 5-769)

HI HB1284

Relating To Pesticides.