As Amended by Senate Committee
As Amended by House Committee
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 authorizing the city of Topeka to conduct code
inspections when the property owner receives direct public
financial assistance from the United States department of housing
and urban development; 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) (1) A city or countyBy the adoption of an ordinance, the city of
Topeka may require periodic property inspections of privately owned
residential housing property when the owner of such property is receiving
governmental rental subsidies direct public financial assistance for
tenant rent. 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 the city or county shall obtain an administrative search
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warrant to facilitate the inspection.
(2) As used in this section, "direct public financial assistance"
means a financial payment or consideration from the United States
department of housing and urban development.
(3) The provisions of this subsection shall expire on July 1, 2030.
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.
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