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Fair Housing Laws

Federal

     Section 504 of the Rehabilitation Act of 1973

State

     The Kansas Residential Landlord and Tenant Act

     Kansas Mobile Home Parks Act

     Forcible Detainer

     Party Shack Statutes

     KHRC Architectural Procedures Guide

City Ordinances

     Buyers, sellers, owners, managers, and tenants should all be aware of the local city ordinances that address fair housing.

Proclamations

 

Chronological list of Fair Housing Acts & Orders: 

 

  • 1.         Civil Rights Act of 1866 (Codified as 42 U.S.C., Section 1981): Provides that “all persons within the United States shall have the same right to make and enforce contracts as is enjoyed by white persons.”  The Act implements the Thirteenth Amendment of the Constitution by providing direct remedy through the federal courts.
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  • 2.         Civil Rights Act of 1871 (Codified as 42 U.S.C., Section 1983): Provides that every person who, under color of any statute (law)...causes...the deprivation of any rights...secured by federal laws, shall be liable to the person injured.
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  • 3.         Executive Order 11063 (Equal Opportunity in Housing): On November 20, 1962, the first Presidential Executive Order, pertaining specifically to fair housing, was signed.  It covers all properties owned by the federal government, including properties developed with federal government assistance.
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  • 4.         Title VI of the Civil Rights Act of 1964 (Codified as 42 U.S.C. 2000(d):  Prohibits discrimination on the basis of race, color, or national origin under any program or activity receiving Federal financial assistance.
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  • 5.         Title VIII of the Civil Rights Act of 1968: Prohibits discrimination in housing on the basis of race, color, religion, and national origin.  Congress amended the law in 1974 to prohibit discrimination on the basis of sex and amended it again in 1988 to prohibit discrimination on the basis of disability and familial status.
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  • 6.         Title IX of the Civil Rights Act of 1968: Prohibits the willful or attempted injury, intimidation or interference with any person because of his or her race, color, religion, sex, or national origin who is involved in a real estate transaction.  Please note that this provision is distinguished from Title IX of the Educational Amendments of 1972 (86 Statute 373).
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  • 7.         Kansas Act Against Discrimination (as amended): Following passage of the Federal Fair Housing Act, the Kansas Legislature adopted a fair housing law in 1970.  The law prohibits discrimination in housing.
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  • 8.         The Home Mortgage Disclosure Act (HMDA): HMDA was enacted in 1975 and amended in 1988 and 1991.  The Act requires lending institutions to report mortgage-lending data to determine if the institutions are serving the housing needs of all community residents.  The Act was enacted to assist in identifying possible discriminatory practices in lending and to assist public officials in distributing public sector investments.
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  • 9.         Community Reinvestment Act (CRA): This Act was established in 1977 to encourage financial institutions to help low and moderate families meet their credit needs by requiring federal financial regulatory agencies to monitor lending institutions.
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  • 10.       Executive Order 12259: Signed December 31, 1980 giving the Secretary of the U.S. Department of Housing and Urban Development the responsibility of ensuring all federal programs and activities related to housing and urban development are “administered in a manner to affirmatively further fair housing.”
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  • 11.       Fair Housing Amendments Act of 1988: The Fair Housing Amendments Act was signed on September 13, 1988.  The major provisions include:
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  • a.                     Protection against discrimination for persons with disabilities and families with children under the age of 18.
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  • b.                     Extension of the time line for filing a complaint from 180 days to two years.
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  • c.                     Provides stronger administrative remedies for individuals.
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  • d.                     HUD was given greater authority and discretion for administering and resolving complaints.
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  • e.                     Removal of restrictions on monetary and punitive damages in civil actions.
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  • f.                      Handicapped access must be provided in all new buildings with four or more units.
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  • g.                     The right to modify dwellings was guaranteed to disabled tenants.
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  • h.                     Housing for the elderly was re-defined to be a facility constituting 80% residency by those 55 years of age or older.
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  • 12.       The Americans with Disabilities Act: The ADA was signed into federal law on July 26, 1990, extending civil rights protection to people who are considered disabled.  ADA is modeled after the 1973 Rehabilitation Act, which mandates that accessibility may be extended to any program, service, activity or facility receiving federal money.
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  • 13.       Housing for Older Persons Act (HOPA): HOPA was enacted in December 1995 and basically amended the elderly exception to the familial status protections under the Fair Housing Act.  HOPA made it easier for housing developments to qualify as housing for older persons and exclude children.
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