Kan. Admin. Regs. 21-60 § K.A.R. 21-60-19
62 or over housing.
Operative Text
The provisions regarding familial status in this act shall not apply to housing intended for, and solely occupied by, persons 62 years of age or older. Housing satisfies the requirements of this act even though: (a) There are persons residing in such housing on January 1, 1992, who are under 62 years of age, provided that all new occupants are persons 62 years of age or older; (b) There are unoccupied units, provided that such units are reserved for occupancy by persons 62 years of age or over; (c) There are units occupied by employees of the housing units (and family members residing in the same unit) who are under 62 years of age, provided, they perform substantial duties directly related to the management or maintenance of the housing.
Kansas Administrative Regulation K.A.R. 21-60-19 establishes an exemption from the state's familial-status fair-housing protections for residential communities that are intended for, and solely occupied by, persons aged 62 or older. The exemption remains valid even if certain residents fall below that age threshold, specifically those who were already living there as of January 1, 1992, residents in vacant units reserved for qualifying seniors, or on-site employees and their family members who perform substantial management or maintenance duties. In short, this provision allows qualifying senior housing communities to lawfully restrict occupancy based on age without violating familial-status rules that would otherwise apply.
Plain English — not legal advice.
Operators of senior housing communities governed by K.A.R. 21-60-19 generally maintain policies that restrict all new occupants to persons 62 years of age or older and keep documentation showing the community's intent and design as senior housing. Compliant operators also ensure that any vacant units are formally reserved for qualifying seniors, and that any on-site employees or their family members who reside in the community are performing substantial duties directly related to management or maintenance. Maintaining clear written records of occupancy policies, employee roles, and unit reservation practices is a common practice for operators seeking to preserve this exemption.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under K.A.R. 21-60-19, prospective or current residents of a community claiming the 62-or-older exemption have an interest in understanding whether that community genuinely qualifies — meaning it must be intended for and solely occupied by seniors, with only the narrow exceptions the regulation describes. If a tenant believes a housing provider is improperly invoking this exemption to exclude families or younger individuals who do not fall within the stated exceptions, that concern may be raised with the Kansas Human Rights Commission or a tenant-rights organization familiar with state fair-housing law. Reviewing whether the community meets all conditions of K.A.R. 21-60-19 — including proper reservation of vacant units and legitimate employee residency — can be a relevant step in understanding one's fair-housing rights.
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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