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Session of 2026
HOUSE BILL No. 2768
By Committee on Federal and State Affairs
Requested by Howell, Howerton, Essex and Tarwater
2-10
AN ACT concerning the residential landlord and tenant act; requiring
landlords to accept multiple payment amounts as long as rent is paid on
time and in full and to consider certain income of a tenant or
prospective tenant when demonstrating income as a condition of
qualifying for housing; providing penalties for violations of such
requirements.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) (1) Tenants shall be allowed to make multiple payments
to the landlord or the landlord's designee as long as rent is paid on time
and in full. If the landlord or the landlord's designee refuses such payment,
the amount of such payment shall be forfeited and the obligation of the
tenant to such payment amount shall be discharged. Nothing in this section
shall limit a landlord's other rights under this act.
(2) Any person who fails to comply with any requirement imposed
under this section with respect to any tenant is liable to such tenant in an
amount equal to the sum of:
(A) Any actual damages sustained by the tenant as a result of such
failure to comply;
(B) an amount of punitive damages as the court may allow; and
(C) in the case of any successful action to enforce any liability under
this section, the costs of the action together with reasonable attorney fees
as determined by the court.
(b) The requirements and remedies of this section are in addition to
any other requirements and remedies provided by law.
(c) This section shall be a part of and supplemental to the residential
landlord and tenant act.
Sec. 2. (a) If a landlord requires a tenant or prospective tenant to
demonstrate income as a condition of qualifying for housing, all income
shall be considered.
(b) Except as provided further, as used in this section, "income"
means any lawful source of money paid directly or indirectly to a renter or
buyer of housing, including, but not limited to, any: (1) Wages or
compensation from any lawful profession or occupation; (2) government
or private income, assistance, grant or loan program; (3) compensation
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pursuant to 38 C.F.R. § 3.3, 38 C.F.R. § 3.4 or 38 C.F.R. § 3.5; (4) pension,
annuity, alimony, child support or other consideration or benefit; and (5)
sale or pledge of property or interest in property. "Income" does not
include any federal housing assistance issued under section 8 of the United
States housing act of 1937, 42 U.S.C. § 1437f.
(c) If a landlord rejects a tenant's or prospective tenant's application
because the landlord fails to consider all income as required by this
section, such landlord shall repay to such tenant or prospective tenant an
amount equal to double such tenant's or prospective tenant's application
fees and costs.
(d) This section shall be a part of and supplemental to the residential
landlord and tenant act.
Sec. 3. This act shall take effect and be in force from and after
January 1, 2027, and its publication in the statute book.
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