Signed by Governor Laura Kelly

Vote Smart's Synopsis:

Vote to adopt a conference report that authorizes victims of domestic violence to opt out of lease agreements without penalty.

Highlights:

• Prohibits an applicant from being denied tenancy on the basis of, or as a result of, the fact that this applicant is a protected person if the applicant otherwise qualifies for tenancy in or occupancy of the premises (Sec. 2).

• Prohibits a tenant or lessee from being evicted from the premises or found to be in violation of a rental or lease agreement on the basis of, or as a direct result of, the fact that the tenant or lessee is a protected person if the tenant or lessee otherwise qualifies for tenancy in or occupancy of the premises (Sec. 2).

• Prohibits a tenant or lessee from being liable for rent for the period after the they vacate the premises that is the subject of the rental or lease agreement if the tenant or lessee is a protected person and notifies the landlord that they are a protected person (Sec. 2).

• Requires in any action brought against a tenant or lessee under Kansas law that seeks recovery of rent, they to have an affirmative defense and not be liable for rent for the period after the they vacate the premises that is the subject of the rental or lease agreement by a preponderance of the evidence, the court finds that the tenant or lessee (Sec. 2):

• Was a protected person on the date the tenant or lessee vacated the premises that is the subject of the rental or lease agreement; and

• Notified the landlord that they are a protected person.

• Specifies that an applicant, tenant or lessee qualifies for protections if they are a protected person and provides a statement regarding domestic violence, sexual assault, human trafficking, or stalking to the landlord or property owner (Sec. 2).

• Authorizes the submission of false information by an applicant, tenant, or lessee to be a basis for a denial of tenancy, eviction, or violation of a rental or lease agreement (Sec. 2).

• Authorizes a landlord or property owner to impose a reasonable termination fee not to exceed one month’s rent on a tenant or lessee who requests termination of a rental or lease agreement before the expiration date of such agreement (Sec. 2).

• Defines “protect person” as an individual who, during the preceding 12 months, has been, is, or is in imminent danger of becoming a victim of domestic violence, sexual assault, human trafficking, or stalking (Sec. 2).

Full Bill Text