KS
Kansas Senate Bill SB100

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB100 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 100
33 By Committee on Federal and State Affairs
44 1-29
55 AN ACT concerning housing; relating to denial of housing or other
66 adverse actions against tenants or prospective tenants on the basis of
77 past evictions or rental arrears; prohibiting the reporting of evictions or
88 rental arrears information by consumer reporting agencies or the use of
99 such information by landlords for adverse action against tenants after
1010 three years from the date of the evictions or rental arrears; requiring
1111 consumer reporting agencies to provide an opportunity for individuals
1212 to explain any record of evictions or rental arrears; enacting the Kansas
1313 fair chance housing and homelessness reduction act; amending K.S.A.
1414 2024 Supp. 50-626 and repealing the existing section.
1515 Be it enacted by the Legislature of the State of Kansas:
1616 New Section 1. Sections 1 through 4, and amendments thereto, shall
1717 be known and may be cited as the Kansas fair chance housing and
1818 homelessness reduction act.
1919 New Sec. 2. As used in sections 1 through 4, and amendments
2020 thereto:
2121 (a) "Adverse action" means a denial or cancellation of, an increase in
2222 any charge for or any other adverse or unfavorable change in the terms of a
2323 rental agreement applied for by a consumer, offered to a consumer or
2424 previously entered into by a consumer for a dwelling unit.
2525 (b) "Consumer" means an individual.
2626 (c) "Consumer report" means any written, oral or other
2727 communication of any information by a consumer reporting agency
2828 bearing on a consumer's credit worthiness, credit standing, credit capacity,
2929 character, general reputation, personal characteristics, eviction history,
3030 rental arrears or other residential or tenant history or mode of living that is
3131 used or expected to be used or collected, in whole or in part, for the
3232 purpose of serving as a factor in establishing the consumer's eligibility for:
3333 (1) Credit or insurance to be used primarily for personal, family or
3434 household purposes;
3535 (2) employment purposes;
3636 (3) renting a dwelling unit from a landlord as a tenant; or
3737 (4) other purposes as permitted by federal or state law.
3838 (d) "Consumer reporting agency" means any person that for monetary
3939 fees, dues or on a cooperative nonprofit basis, regularly engages, in whole
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7676 or in part, in the practice of assembling or evaluating consumer credit
7777 information or other information on consumers for the purpose of
7878 furnishing consumer reports to third parties and uses any means or facility
7979 of interstate commerce for the purpose of preparing or furnishing
8080 consumer reports. "Consumer reporting agency" includes any consumer
8181 reporting agency that compiles and maintains files on consumers on a
8282 nationwide basis, reseller or specialty consumer reporting agency.
8383 (e) "Consumer reporting agency that compiles and maintains files on
8484 consumers on a nationwide basis" means a consumer reporting agency that
8585 regularly engages in the practice of assembling or evaluating, and
8686 maintaining, for the purpose of furnishing consumer reports to third parties
8787 bearing on a consumer's credit worthiness, credit standing or credit
8888 capacity, each of the following data regarding consumers residing
8989 nationwide:
9090 (1) Public record information; and
9191 (2) credit account information from persons who furnish such
9292 information regularly and in the ordinary course of business.
9393 (f) "Dwelling unit" means a structure or the part of a structure that is
9494 used as a home, residence or sleeping place by one person who maintains a
9595 household or by two or more persons who maintain a common household.
9696 "Dwelling unit" does not include real property used to accommodate a
9797 manufactured home or mobile home, unless such manufactured home or
9898 mobile home is rented or leased by the landlord.
9999 (g) "File" when used in connection with information on any
100100 consumer, means all of the information on the consumer recorded and
101101 retained by a consumer reporting agency regardless of how the
102102 information is stored.
103103 (h) "Landlord" means the owner, lessor or sublessor of a dwelling
104104 unit, or the building of which it is a part, and the manager of the premises.
105105 (i) "Owner" means one or more persons, jointly or severally, in whom
106106 is vested all or part of the:
107107 (1) Legal title to property; or
108108 (2) beneficial ownership and a right to prevent use and enjoyment of
109109 the premises, including a mortgagee in possession.
110110 (j) "Person" means any individual, partnership, corporation, limited
111111 liability company, business trust, estate, cooperative, association or other
112112 for-profit or nonprofit entity. "Person" does not include any governmental
113113 agency or other governmental entity.
114114 (k) "Premises" means a dwelling unit, and the structure of which it is
115115 a part, and facilities and appurtenances therein and grounds, areas and
116116 facilities held out for the use of tenants generally or the use of which is
117117 promised to the tenant.
118118 (l) "Rental agreement" means all agreements whether written or oral
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162162 and enforceable rules and regulations adopted by a landlord pursuant to
163163 K.S.A. 58-2556, and amendments thereto, embodying the terms and
164164 conditions concerning the use and occupancy of a dwelling unit and
165165 premise.
166166 (m) "Rental arrears" means any late, unpaid or overdue rent and any
167167 adverse information pertaining to the credit worthiness, credit standing,
168168 credit capacity or an ability to make rental payments of a consumer arising
169169 from a current or prior rental agreement entered into by the consumer.
170170 (n) "Reseller" means a consumer reporting agency that:
171171 (1) Assembles and merges information contained in the database of
172172 another consumer reporting agency or multiple consumer reporting
173173 agencies concerning any consumer for purposes of furnishing such
174174 information to any third party; and
175175 (2) does not maintain a database of the assembled or merged
176176 information from which new consumer reports are produced.
177177 (o) "Residential or tenant history" includes any information relating
178178 to an eviction or to rental arrears.
179179 (p) "Specialty consumer reporting agency" means a consumer
180180 reporting agency that compiles and maintains files on consumers relating
181181 to:
182182 (1) Medical records or payments;
183183 (2) residential or tenant history;
184184 (3) check writing history;
185185 (4) employment history; or
186186 (5) insurance claims.
187187 (q) "Tenant" means a consumer entitled under a rental agreement to
188188 occupy a dwelling unit to the exclusion of others.
189189 New Sec. 3. (a) (1) A consumer reporting agency shall not make or
190190 furnish a consumer report that contains residential or tenant history that is
191191 adverse to the consumer unless the consumer reporting agency has
192192 contacted the consumer, advised the consumer of the residential or tenant
193193 history to be included in such consumer report and offered the consumer
194194 an opportunity to provide an explanation with respect to any such history.
195195 The consumer reporting agency shall attempt to contact the consumer by
196196 means of first-class mail addressed to the most current address of record of
197197 the consumer, telephone to the most recent telephone number of record of
198198 the consumer, if any, and email to the most recent email address of record
199199 of the consumer, if any. Any explanation provided by the consumer shall
200200 be included in the consumer report by the consumer reporting agency.
201201 (2) The consumer report shall include a record of such attempts to
202202 contact the consumer, and if the consumer reporting agency fails to
203203 establish contact with the consumer, the reason for such failure. The
204204 consumer reporting agency shall permit and provide the consumer with the
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248248 opportunity to provide an explanation, whether verbally or in writing by
249249 mail or email.
250250 (3) The consumer report shall not be furnished until the consumer has
251251 provided an explanation for any adverse residential or tenant history that is
252252 included in the consumer report or 15 business days after the date of
253253 mailing, by first-class mail, of the request for an explanation of the adverse
254254 residential or tenant history, whichever occurs first. In efforts to contact
255255 the consumer, the consumer reporting agency shall advise the consumer of
256256 such deadline and provide a mailing address, email address and telephone
257257 number by which the consumer may provide an explanation.
258258 (b) No consumer reporting agency shall make any consumer report
259259 containing any information or record pertaining to:
260260 (1) An eviction of the consumer by a landlord from a dwelling unit
261261 that antedate the report by more than three years; or
262262 (2) rental arrears of the consumer, including accounts placed for
263263 collection or charged to profit and loss that antedate the report by more
264264 than three years. The three-year period shall begin with respect to any
265265 rental arrears or delinquent account placed for collection, internally or by
266266 referral to a third party, whichever is earlier, charged to profit and loss or
267267 subjected to any similar action, upon the expiration of the 180-day period
268268 beginning on the date of the commencement of the delinquency that
269269 immediately preceded the collection activity, charge to profit and loss or
270270 similar action.
271271 (c) In considering whether to enter into a rental agreement with a
272272 consumer for a dwelling unit or as a basis for taking any adverse action
273273 against a tenant, no landlord shall:
274274 (1) Consider any residential or tenant history prohibited by subsection
275275 (b), whether provided by a consumer reporting agency, contained in a
276276 consumer report or obtained by other means from any public or private
277277 source; or
278278 (2) consider any consumer report containing any residential or tenant
279279 history that does not include an explanation by the consumer or a record of
280280 attempts to contact such consumer as required by subsection (a).
281281 (d) If a landlord declines to enter into a rental agreement with a
282282 consumer for a dwelling unit, cancels such a rental agreement with a
283283 tenant or alters the terms of such a rental agreement adversely to a tenant,
284284 the landlord shall provide the consumer or tenant with any consumer
285285 report or any residential or tenant history from any public or private source
286286 obtained, consulted or considered by the landlord with respect to such
287287 adverse action.
288288 New Sec. 4. (a) A violation of any provision of section 3, and
289289 amendments thereto, by a landlord or a consumer reporting agency is a
290290 deceptive act or practice under the provisions of the Kansas consumer
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334334 protection act and shall be subject to any and all of the enforcement
335335 provisions of the Kansas consumer protection act.
336336 Sec. 5. K.S.A. 2024 Supp. 50-626 is hereby amended to read as
337337 follows: 50-626. (a) No supplier shall engage in any deceptive act or
338338 practice in connection with a consumer transaction.
339339 (b) Deceptive acts and practices include, but are not limited to, the
340340 following, each of which is hereby declared to be a violation of this act,
341341 whether or not any consumer has in fact been misled:
342342 (1) Representations made knowingly or with reason to know that:
343343 (A) Property or services have sponsorship, approval, accessories,
344344 characteristics, ingredients, uses, benefits or quantities that they do not
345345 have;
346346 (B) the supplier has a sponsorship, approval, status, affiliation or
347347 connection that the supplier does not have;
348348 (C) property is original or new, if such property has been deteriorated,
349349 altered, reconditioned, repossessed or is second-hand or otherwise used to
350350 an extent that is materially different from the representation;
351351 (D) property or services are of particular standard, quality, grade,
352352 style or model, if they are of another which that differs materially from the
353353 representation;
354354 (E) the consumer will receive a rebate, discount or other benefit as an
355355 inducement for entering into a consumer transaction in return for giving
356356 the supplier the names of prospective consumers or otherwise helping the
357357 supplier to enter into other consumer transactions, if receipt of benefit is
358358 contingent on an event occurring after the consumer enters into the
359359 transaction;
360360 (F) property or services has uses, benefits or characteristics unless the
361361 supplier relied upon and possesses a reasonable basis for making such
362362 representation; or
363363 (G) use, benefit or characteristic of property or services has been
364364 proven or otherwise substantiated unless the supplier relied upon and
365365 possesses the type and amount of proof or substantiation represented to
366366 exist;
367367 (2) the willful use, in any oral or written representation, of
368368 exaggeration, falsehood, innuendo or ambiguity as to a material fact;
369369 (3) the willful failure to state a material fact, or the willful
370370 concealment, suppression or omission of a material fact;
371371 (4) disparaging the property, services or business of another by
372372 making, knowingly or with reason to know, false or misleading
373373 representations of material facts;
374374 (5) offering property or services without intent to sell them;
375375 (6) offering property or services without intent to supply reasonable,
376376 expectable public demand, unless the offer discloses the limitation;
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420420 (7) making false or misleading representations, knowingly or with
421421 reason to know, of fact concerning the reason for, existence of or amounts
422422 of price reductions, or the price in comparison to prices of competitors or
423423 one's own price at a past or future time;
424424 (8) falsely stating, knowingly or with reason to know, that a consumer
425425 transaction involves consumer rights, remedies or obligations;
426426 (9) falsely stating, knowingly or with reason to know, that services,
427427 replacements or repairs are needed;
428428 (10) falsely stating, knowingly or with reason to know, the reasons
429429 for offering or supplying property or services at sale or discount prices;
430430 (11) sending or delivering a solicitation for goods or services which
431431 that could reasonably be interpreted or construed as a bill, invoice or
432432 statement of account due, unless:
433433 (A) Such solicitation contains the following notice, on its face, in
434434 conspicuous and legible type in contrast by typography, layout or color
435435 with other printing on its face:
436436 "THIS IS A SOLICITATION FOR THE PURCHASE OF GOODS OR
437437 SERVICES AND NOT A BILL, INVOICE OR STATEMENT OF
438438 ACCOUNT DUE. YOU ARE UNDER NO OBLIGATION TO MAKE
439439 ANY PAYMENTS UNLESS YOU ACCEPT THIS OFFER"; and
440440 (B) such solicitation, if made by any classified telephone directory
441441 service not affiliated with a local telephone service in the area of service,
442442 contains the following notice, on its face, in a prominent and conspicuous
443443 manner:
444444 "_____________________________ IS NOT
445445 (name of telephone directory service)
446446 AFFILIATED WITH ANY LOCAL TELEPHONE COMPANY";
447447 (12) (A) using, in any printed advertisement, an assumed or fictitious
448448 name for the conduct of such person's business that includes the name of
449449 any municipality, community or region or other description of the
450450 municipality, community or region in this state in such a manner as to
451451 suggest that such person's business is located in such municipality,
452452 community or region unless:
453453 (A)(i) Such person's business is, in fact, located in such municipality,
454454 community or region; or
455455 (B)(ii) such person includes in any such printed advertisement the
456456 complete street and city address of the location from which such person's
457457 business is actually conducted. If located outside of Kansas, the state in
458458 which such person's business is located also shall be included.
459459 (B) The provisions of this subsection shall not apply to the use of any
460460 trademark or service mark registered under the laws of this state or under
461461 federal law;, any such name that, when applied to the goods or services of
462462 such person's business, is merely descriptive of them;, or any such name
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506506 that is merely a surname. Nothing in this subsection shall be construed to
507507 impose any liability on any publisher when such publisher had no
508508 knowledge that the business was not, in fact, located in such municipality,
509509 community or region;
510510 (13) (A) making an oral solicitation for products or services based on
511511 a mortgage trigger lead unless the solicitation clearly and conspicuously
512512 states in the initial phase of the solicitation that the solicitor is not
513513 affiliated with the lender or broker with which the consumer initially
514514 applied and that the solicitation is based on personal information about the
515515 consumer that was purchased, directly or indirectly, from a consumer
516516 reporting agency without the knowledge or permission of the lender or
517517 broker with which the consumer initially applied;
518518 (B) making a written solicitation for products or services based on a
519519 mortgage trigger lead unless the solicitation clearly and conspicuously
520520 states on the first page of the solicitation that the solicitor is not affiliated
521521 with the lender or broker with which the consumer initially applied and
522522 that the solicitation is based on personal information about the consumer
523523 that was purchased, directly or indirectly, from a consumer reporting
524524 agency without the knowledge or permission of the lender or broker with
525525 which the consumer initially applied. A clear and conspicuous shall include
526526 statement of such solicitation includes having legible type in contrast by
527527 typography, layout or color with other printing on the first page of the
528528 correspondence; and
529529 (C) any solicitor under clause (A) or (B) shall be in compliance with
530530 the provisions of the Kansas mortgage business act, unless otherwise
531531 exempted from such act, and any other law or regulation; and
532532 (14) failing to release funds representing an insurance settlement
533533 payment for damage to real property subject to a mortgage by the
534534 mortgage holder to the mortgagor within 30 days after receiving written
535535 proof that the damaged property is replaced or otherwise repaired to the
536536 satisfaction of the mortgagor and the mortgage holder. Any person who
537537 submits false information regarding the condition of the property shall be
538538 liable in damages to the mortgage holder or the mortgage holder's assignee
539539 for the amount of the funds together with interest thereon, attorney fees,
540540 and any additional damages that the mortgage holder or the mortgage
541541 holder's assignee has incurred; and
542542 (15) willfully violating the provisions of section 3, and amendments
543543 thereto. This paragraph and all relevant provisions of the consumer
544544 protection act pertaining to enforcement of the act or penalties, remedies,
545545 damages or recovery of attorney fees for violations of the act shall be an
546546 alternative to applicable provisions of the residential landlord and tenant
547547 act, K.S.A. 58-2540 et seq., and amendments thereto, for the purposes of
548548 enforcement of the provisions of section 3, and amendments thereto. In a
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592592 proceeding under the consumer protection act for purposes of such
593593 enforcement, the provisions of such act shall take precedence in any
594594 conflict with provisions of the residential landlord and tenant act.
595595 Sec. 6. K.S.A. 2024 Supp. 50-626 is hereby repealed.
596596 Sec. 7. This act shall take effect and be in force from and after its
597597 publication in the statute book.
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