Kan. Admin. Regs. 21-60 § K.A.R. 21-60-15
Permissible inquiries under K.
Operative Text
S.A. 44-1016(h). K.S.A. 44-1016(h) does not prohibit the following inquiries, provided these inquiries are made of all applicants, whether or not they have disabilities: (a) Inquiry into an applicant's ability to meet the requirements of ownership or tenancy; (b) Inquiry to determine whether an applicant is qualified for a dwelling available only to persons with disabilities or to persons with a particular type of disability; (c) Inquiry to determine whether an applicant for a dwelling is qualified for a priority available to persons with a particular type of disability; (d) Inquiring whether an applicant for a dwelling is a current illegal abuser or addict of a controlled substance; and (e) Inquiring whether an applicant has been convicted of the illegal manufacture or distribution of a controlled substance.
K.A.R. 21-60-15 clarifies that certain questions during the housing application process are not prohibited by K.S.A. 44-1016(h), even though that statute generally restricts disability-related inquiries. Specifically, the rule permits questions about an applicant's ability to meet ownership or tenancy requirements, eligibility for disability-specific housing or priority programs, current illegal drug use, and prior convictions for manufacturing or distributing controlled substances. Crucially, any permissible inquiry must be posed uniformly to all applicants, regardless of whether they have a disability.
Plain English — not legal advice.
Under K.A.R. 21-60-15, housing providers who wish to ask any of the enumerated questions — such as whether an applicant meets tenancy requirements or has a drug-related conviction — must apply those questions consistently to every applicant in the pool. Operators commonly document their screening criteria and question sets in advance to demonstrate uniform application. Selective questioning directed only at applicants perceived to have disabilities would fall outside the safe harbor this provision creates.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
K.A.R. 21-60-15 defines the narrow categories of questions a housing provider may lawfully ask during the application process without violating K.S.A. 44-1016(h). If an applicant believes they were singled out for questions about disability, drug use, or criminal history in a way that was not applied to all other applicants, that selective treatment may constitute a fair housing concern. Tenants or applicants in that situation can explore options such as filing a complaint with the Kansas Human Rights Commission or contacting a local tenant-rights organization for general information about available remedies.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 18, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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