CHAPTER 5. BUSINESS REGULATIONSCHAPTER 5. BUSINESS REGULATIONS\Article 4. Fair Housing

All persons offering dwellings, houses or real estate for sale, lease, rent, or trade shall offer this property to all persons without regard for race, color, creed, religion, sex, or national origin. Any person refusing to do so shall be deemed in violation of this article.

(Prior Code 8-301; Code 2023)

The Mayor of the City shall be the Fair Housing Enforcement Officer. Any written complaint submitted to the City shall be immediately investigated by the Fair Housing Enforcement Officer. The information found in the investigation shall then be given to the Chief of Police for legal action.

(Prior Code 8-302; Code 2023)

The City shall not engage in any business activity nor shall the City issue any licenses or permits to do business within the City to any person or corporation convicted of a violation of unfair housing practices.

(Prior Code 8-303; Code 2023)

Any person or corporation who has been convicted of a violation of this article shall be found guilty of a Class C violation as defined in the Uniform Public Offense Code.

(Prior Code 8-304; Code 2023)

It shall be an unlawful discriminatory housing practice:

(a)   For the owners, real estate broker, real estate salesman or employees or agent thereof

(1)   To refuse to sell, rent, assign, lease or sublease or offer for sale, rental, lease or sublease, or to refuse to negotiate for the sale, rental, lease assignment or sublease of any real property or portion thereof which is in fact listed or available for sale, rent, lease or sublease to any person who has shown the financial ability to satisfy the terms and conditions of a sale, rental, assignment, lease or sublease of said property or to otherwise deny or withhold any housing accommodations or real property or any part or portion thereof to or from any person because of the race, religion, color, sex, national or social origin or ancestry of such person.

(2)   To discriminate against any person because of his race, color, sex, religion, national or social origin or ancestry in the terms, conditions or privileges of the sale, rental, assignment, lease or sublease or any housing accommodations or real property or part or portion thereof or in the furnishing or facilities or service in connection therewith; or

(3)   To print, publish, circulate, issue, display, post or mail or cause to be printed, published, circulated, issued, displayed, posted, or mailed any statement, advertisement, publication or sign, or use any form or application for the purchase, rental, lease, assignment or sublease of any housing accommodations or real property or part or portion thereof which expresses directly or indirectly any limitation specification or discrimination as to race, color, sex, religion, national or social origin or ancestry or any intent to make any such limitation, specification or discrimination.

(b)   For any person or financial institution to which application is made for financial assistance for the purpose acquisition or construction of any housing accommodations or real property or part or portion thereof of any agency or employee thereof

(1)   To discriminate against any person because of the race, sex, color, religion, national or social origin or ancestry of such person or of prospective occupants or tenants of such housing accommodations or real property or part or portion thereof, in the granting, withholding, extending, modifying or renewing or in the fixing of the rate, terms, conditions or provisions of any such financial assistance or in the extension of service in connection therewith.

(Prior Code 8-305; Code 2023)

Nothing in this article shall prohibit a religious organization, association or society or any non-profit institution or organization operated, supervised or controlled by or in conjunction with a religious organization, association or society, from limiting the sale, rentals, or occupancy of dwellings when it owns or operates for other than a commercial purpose to persons of the same religion, or from giving preference to such persons. Nor shall anything in this article prohibit a private club not in fact open to the public which as an incident to its primary purpose or purposes provides lodging which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of such lodgings to the members or from giving preference to the members.

(Prior Code 8-306; Code 2023)

Any person claiming to have been subject to any discriminatory practice as defined by this Chapter may file a complaint by appearing before the Governing Body of the City of Florence, Kansas, and furnishing such information as required by the Governing Body within one hundred and eighty (180) days of the date of the alleged incident.

The Governing Body shall refer to the appropriate local agency any complaint filed under this act which appears to constitute a violation of such local fair housing Ordinance. The Governing Body shall take no further action with respect to such complaint until thirty (30) days have elapsed since the complaint was referred to the local agency, or the local agency has completed its investigation, or the local agency requests the governing body to assume jurisdiction or to assist it, whichever occurs first.

The local agency investigating the complaint shall notify the person against whom the complaint is made as soon as the investigation is started. The identity of the aggrieved person shall be made known to the person against whom the complaint is made at that time.

The local agency shall inform the Governing Body in writing of the status of the referred complaint at the end of the referral period or when the local agency has completed its investigation, or the local agency requests the Governing Body to assume jurisdiction or to assist it, whichever occurs first.

If after the investigation the local agency has found no merit to the complaint, the Governing Body shall dismiss the complaint. If the local agency finds the complaint to have merit, the Governing Body shall endeavor to eliminate the alleged discriminatory practice by conference and conciliation.

If the Governing Body is unable to eliminate the alleged discriminatory practice by a conference or conciliation, the Governing Body 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.

(Prior Code 8-307; Code 2023)

The violation of any of this article is a Class B violation as defined in the Uniform Public Offense Code.

(Prior Code 8-308; Code 2023)