Kansas House Bill HB2174

Kansas 2023-2024 Regular Session

• Introduced: 1/25/23
• Refer: 1/25/23
• Failed: 4/30/24

Caption

Authorizing the Kansas human rights commission or any city or county to remove an unlawful restrictive covenant by recording a redacted plat or declaration.

Impact

The bill seeks to enhance the enforcement of fair housing practices by directly addressing the issue of unlawful restrictive covenants that have historically limited property ownership based on discriminatory criteria. By empowering local governments and the Human Rights Commission to act on behalf of affected individuals, HB2174 aims to create a more inclusive housing environment. This bill could significantly impact the real estate and housing markets within Kansas, particularly by removing barriers that have long affected marginalized communities seeking homeownership.

Summary

House Bill 2174 aims to amend the Kansas act against discrimination by enabling the removal of unlawful restrictive covenants from homeowners associations' governing documents. The bill mandates that all homeowners associations must amend their declarations to remove any restrictive covenants that violate state laws against discrimination. This amendment must occur within 60 days of the bill's effective date, without requiring additional approval from membership. Furthermore, if an association fails to comply with a written notice to remove such covenants, the Kansas Human Rights Commission, or any relevant city or county, can take legal action for enforcement.

Contention

Discussion surrounding HB2174 could center on issues of local governance and property rights. Supporters, particularly advocates for housing equality, may argue for the bill's necessity in combatting systemic discrimination in housing. Conversely, some homeowners associations may voice concerns regarding potential overreach by state authorities into local regulations and governance. Additionally, there could be apprehensions about how swiftly such amendments can take place, given the potential inertia within associations and the legal ramifications involved.