Kansas Administrative Code

Unlawful refusal to sell or rent or to negotiate for the sale or rental. Unlawful practices under K.S.A. 44-1016(a) include, but are not limited to: (a) Failing to accept or consider a bona fide of- fer because of race, religion, color, sex, disability, familial status, national …

Discrimination in terms, condi- tions and privileges and in services and facil- ities. Unlawful practices under K.S.A. 44-1016(b) include, but are not limited to: (a) Using different provisions in leases or con- tracts of sale, such as those relating to rental charges, security d…

Other prohibited sale and rental conduct. (a) It shall be unlawful because of race, religion,color,sex,disability,familialstatus,national originorancestryforanagent,broker,personinthe businessofsellingorrentingoranyotherpersonfor profit to restrict or attempt to restrict, by word…

Discriminatory advertisements, statements and notices. (a) Unlawful practices under K.S.A. 44-1016(c) include, but are not lim- ited to, all written or oral notices or statements by a person engaged in the sale or rental of real property. Written notices and statements include an…

Discriminatory representations on the availability of real property. (a) It shall be unlawful, because of race, religion, color, sex, disability, familial status, national origin or ances- try, for a broker, agent, person in the business of selling or renting or other person for …

Blockbusting. (a) It shall be un- lawful, for profit, to induce or attempt to induce a person to sell or rent real property by represen- tations regarding the entry or prospective entry into the neighborhood of a person or persons of a particular race, religion, color, sex, famil…

Discrimination in the provision of brokerage services. Unlawful practices under K.S.A. 44-1016(f) include, but are not limited to: (a) Setting different fees for access to or mem- bership in a multiple listing service based on race, religion, color, sex, disability, familial stat…

(Authorized by K.S.A. 1965 Supp. 44- 1004; effective Jan. 1, 1966; revoked Jan. 1, 1968.)

Definitions. (a) “Current illegal use of drugs” means illegal use of drugs that oc- curred recently enough to justify a reasonable be- lief that a person’s use is current or that continu- ing use is a real and ongoing problem. (b) “Professional office of health care provider” mea…

Maintenance of accessible fea- tures.(a)Apublicaccommodationshallmaintain, in operable working condition, those features of facilities and equipment that are required by the act and these regulations to be readily accessible to and usable by persons with disabilities. (b) These r…

Safety. A public accommodation may impose legitimate safety requirements that are necessary for safe operation. Safety require- ments shall be based on actual risks and not on mere speculation, stereotypes, or generalizations about individuals with disabilities. (Authorized by K.…

Charges. A public accommoda- tion shall not impose a surcharge on an individu- al with a disability to cover the costs of measures that are required to provide that individual with the nondiscriminatory treatment required by the act or these regulations, including the provision o…

Modifications in policies, prac- tices, or procedures. (a) Each public accom- modation shall make reasonable modifications in policies, practices or procedures, when the mod- ifications are necessary to afford goods, services, facilities or accommodations to individuals with disa…

Service animals. (a) Each public accommodation shall modify policies, practices or procedures as necessary to permit the use of a ser- vice animal by an individual with a disability. (b) Nothing in the act or these regulations re- quires a public accommodation to supervise or car…

Undue burden: definition and determination. (a) “Undue burden” means sig- nificant difficulty or expense. (b) In determining whether an action would re- sult in an undue burden, factors to be considered shall include: (1) the nature and cost of the action needed un- der the act; …

Auxiliary aids and services. (a) Each public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied, segregated or otherwise treated differently than other individ- uals because of the absence of auxiliary aid…

Auxiliary aids and services; telecommunication devices for the deaf (TDD’s). (a) Each public accommodation that of- fers a customer, client, patient or participant the opportunity to make outgoing telephone calls on more than an incidental convenience basis shall make available, …

Auxiliary aids and services; closed caption decoders. Each lodging estab- lishment that provides televisions in five or more guest rooms and hospitals that provide televisions 867 21-70-22 Nondiscrimination on the Basis of Disability for patient use shall provide, upon request, a…

Alternatives to auxiliary aids and services. (a) If provision of a particular aid or service by a public accommodation would re- sult in a fundamental alteration in the nature of the goods, services, facilities or accommodations being offered, or is an undue burden, the public ac…

Landlord and tenant responsi- bilities. Both the landlord who owns the build- ing that houses a place of public accommodation and the tenant who owns or operates the place of public accommodation shall be considered public accommodations subject to the act. As between the parties…

Definition of readily achiev- able; determination. (a) “Readily achievable” means easily accomplished and able to be carried out without much difficulty or expense. (b) In determining whether an action is readily achievable, factors to be considered shall include: (1) The nature …

Removal of barriers. (a) Each public accommodation shall remove architectural barriers in existing facilities, including communi- cation barriers that are structural in nature, if re- moval is readily achievable. (b) Removal of barriers may include the follow- ing actions: (1) in…

Removal of barriers; priorities. Each public accommodation shall consider tak- ing measures to comply with the barrier removal requirements of K.A.R. 21-70-21 in accordance with the following order of priorities. (a) The first priority shall be to make measures to provide access …

Removal of barriers; relation- ship to alteration requirements. (a) Except as provided in subsection (b) of this regulation, mea- sures taken to comply with the barrier removal re- quirements of K.A.R. 21-70-21 shall comply with the applicable requirements in these regulations fo…

Removal of barriers; portable ramps. If installation of a permanent ramp is not readily achievable, a portable ramp may be used to comply with K.A.R. 21-70-21. To avoid any sig- nificant risk to the health or safety of individuals with disabilities or others in using portable ram…

Removal of barriers; selling or serving space. The rearrangement of temporary or movable structures, including furniture, equip- ment, and display racks shall not be considered readily achievable if it results in a significant loss of selling or serving space. (Authorized by K.S.…

Limitation on barrier remov- al obligations. (a) The requirements for barrier removal under these regulations shall not exceed the standards for alteration in K.A.R. 21-70-21. (b) If relevant standards for alterations are not provided in K.A.R. 21-70-34, the requirements for barr…

Alternatives to barrier remov- al.(a)Ifapublicaccommodationcandemonstrate that barrier removal is not readily achievable, the public accommodation shall make its goods, services, facilities or accommodations available through alternative methods, if those methods are readily achi…

Accessible or special goods. (a) The act and these regulations shall not be inter- preted to require a public accommodation to alter its inventory to include accessible or special goods that are designed for, or facilitate use by, individu- als with disabilities. (b) Each public …

Seating in assembly areas; ex- isting facilities. (a) To the extent that it is readily achievable, assembly areas of a public accommo- dation shall: (1) provide a reasonable number of wheelchair seating spaces and seats with removable aisle-side arm rests; and (2) locate the whee…

Activities; denial of participa- tion. (a) Denial of participation. A public accom- modation shall not deny an individual or class of individuals the opportunity to participate in or benefit from the goods, services, facilities, priv- ileges, advantages, or accommodations of that…

Seating in assembly areas; new construction and alterations. The provision and location of wheelchair seating spaces in new- ly constructed or altered assembly areas shall be governed by the standards for new construction and alterations in K.A.R. 21-70-34. (Authorized by K.S.A. …

Examinations and courses. (a) Each public accommodation that offers examina- tions or courses related to applications, licensing, certification,orcredentialingforsecondaryorpost- secondaryeducation,professional,ortradepurpos- es shall offer the examinations or courses in a place …

Transportation. (a) Each public accommodation which provides any transporta- tion service, shall ensure that each service provid- ed by the public accommodation is available and accessible to people with disabilities. Necessary modifications may include: (1) retrofitting with lif…

Transportation provided by public accommodations. (a) Each public ac- commodation that provides transportation ser- 871 21-70-35 Nondiscrimination on the Basis of Disability vices, but that is not primarily engaged in the business of transporting people, shall be subject to the a…

New construction; exception for structural impracticability; elevator ex- emption. (a) Except as provided in subsection (b) of this regulation, an unlawful discriminatory practice shall include a failure to design and con- struct facilities for first occupancy after July 1, 1994,…

Alterations. (a) (1) Any alteration to a place of public accommodation after July 1, 1991, shall be made so as to ensure that, to the maximum extent feasible, the altered portions of the facility are readily accessible to and usable by individuals with disabilities, including ind…

New construction and alter- ations; path of travel. (a) If an alteration affects or could affect the usability of or access to an area of a facility that contains a primary function, the alteration shall be made so as to ensure that to the maximum extent feasible, the path of tra…

Alterations to an area contain- ing a primary function. (a) Alterations that af- fect the usability of or access to an area containing a primary function may include: (1) remodeling merchandise display areas or employee work areas in a department store; and (2) replacing an inacc…

New construction and alter- ations; path of travel; landlord or tenant. If a tenant is making alterations as defined in K.A.R. 21-60-16 that would trigger the requirements of K.A.R. 21-70-36, those alterations by the tenant in areas that only the tenant occupies shall not trig- g…

New construction and alter- ations; definition of path of travel. (a) The term “path of travel” means a continuous, unob- structed way of pedestrian passage by which the altered area may be approached, entered and exit- ed, and which connects the altered area with: (1) an exterio…

Integrated settings.(a)Eachpub- lic accommodation shall afford goods, services, fa- cilities and accommodations to an individual with a disability in the most integrated setting appro- priate to the needs of the individual. (b) Notwithstanding the existence of separate or differe…

New construction and alter- ations; path of travel; disproportionality. (a) The cost of alterations made to provide an acces- sible path of travel to the altered areas shall be deemed disproportionate to the overall alteration when the cost exceeds 20% of the cost of the alter- a…

New construction and alter- ations; path of travel; duty to provide acces- sible features in the event of disproportion- ality. (a) When the cost of alterations necessary to make the path of travel to the altered area fully accessible is disproportionate to the cost of the overal…

New construction and alter- ations; path of travel; series of smaller alter- ations. (a) The obligation to provide an accessible path of travel shall not be evaded by performing a series of small alterations to the area served by a single path of travel if those alterations could…

Alterations; elevator exemp- tion. (a) Installation of an elevator shall not be re- quired in an altered facility that is less than three stories high or has less than 3,000 square feet per story, except with respect to: (1) any public accommodation located in a shopping center o…

Alterations; historic preserva- tion. (a) Alterations to buildings or facilities that are eligible for listing in the national register of historic places under the national historic preser- vation act (16 U.S.C. 470 et seq.), or are designat- ed as historic under state or local …

Standards for new construc- tion and alterations. New construction and alterations subject to the act and this regulation shall comply with the standards for accessible de- sign published in appendix A to 28 CFR Part 36, the Americans with disabilities act accessibility guideline…

(a) The term “disability” shall not be interpreted to include: (1) transvestism, transsexualism, pedophilia, ex- hibitionism, voyeurism, gender identity disorders not resulting from physical impairments, or other sexual behavior disorders; (2) compulsive gambling, kleptomania, or…

Smoking. This act shall not pre- cludetheprohibitionof,ortheimpositionofrestric- tions on smoking in places of public accommoda- tion.(AuthorizedbyK.S.A.44-1004;implementing K.S.A. 44-1009; effective Dec. 19, 1994.)