Session of 2025
HOUSE BILL No. 2099
By Committee on Local Government
Requested by Whitney Damron on behalf of the City of Topeka
1-27
AN ACT concerning private rental housing; requiring landlords of
government-subsidized housing to submit to code inspection by cities
or counties; amending K.S.A. 12-16,138 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-16,138 is hereby amended to read as follows:
12-16,138. (a) Subject to subsection (c), no city or county shall adopt,
enforce or maintain a residential property licensing ordinance or resolution
which that includes a requirement for periodic interior inspections of
privately owned residential property for city or county code violations
unless the lawful occupant has consented to such interior inspections. This
subsection shall not apply to inspections of mixed-use residential and
commercial property. This subsection shall not prohibit a city or county
from conducting plan reviews, periodic construction inspections or final
occupancy inspections as required by building permits.
(b) Any lawful occupant residing in privately owned residential
housing located within the corporate limits of a city may request an
inspection at any time by the city or, if the property is located in the
unincorporated area of the county, by the county to determine code
violations.
(c) A city or county may require periodic property inspections of
privately owned residential housing property when the owner of such
property is receiving governmental rental subsidies. The city or county
shall provide reasonable notice to the tenants of the date and time of the
inspection. The landlord may be required to perform random inspections
at the request of the city or county in response to code violation
complaints. If a tenant objects to an inspection, a city or county shall
obtain an administrative search to facilitate the inspection.
Sec. 2. K.S.A. 12-16,138 is hereby repealed.
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32