Kan. Stat. Ann. § 58-1406
Act not applicable to certain dwellings.
Operative Text
The provisions of this act shall not apply to any dwelling which is: (a) A private residence which is owner-occupied or which is under contract for occupation by the owner; (b) a private residence for which an individual tax credit is received; (c) a private residence which is financed with funds from the federal housing administration, rural development programs administered by the United States department of agriculture or under a single-family mortgage guarantee assistance program; (d) a private residence for which rental vouchers or certificates under 42 U.S.C. § 1437 are accepted; (e) financed with public funds other than state funds or federal funds administered by the state or a state agency; or (f) a dwelling the design or construction of which commenced prior to July 1, 2002, as evidenced by (1) a payment for such design or construction, (2) a contract for such design or construction or (3) or other proof sufficient to the director as prescribed by rules and regulations.
Kan. Stat. Ann. §§ 58-1401 through 58-1406 establish a set of accessibility or habitability requirements for dwellings in Kansas, but this particular provision carves out several categories of housing that are entirely exempt from those requirements. Owner-occupied homes, residences receiving individual tax credits, federally financed single-family homes, properties accepting Section 8 vouchers or certificates, publicly funded dwellings (outside of state-administered funds), and any dwelling whose design or construction began before July 1, 2002 are all excluded from the act's coverage. The practical effect is that the act's obligations apply only to a defined subset of residential dwellings that do not fall into any of these exemption categories.
Plain English — not legal advice.
Property owners and managers operating under Kan. Stat. Ann. §§ 58-1401–58-1406 generally begin by determining whether their dwelling falls within one of the six exemption categories listed in this provision before assessing compliance obligations. Compliant operators typically document the basis for any claimed exemption — such as proof of a pre-July 1, 2002 construction contract or payment, or evidence of federal financing — in case the exemption is ever questioned by the director or a reviewing authority. Operators whose properties do not qualify for any exemption proceed to evaluate the full requirements of the act as they apply to their specific dwelling type.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under Kan. Stat. Ann. §§ 58-1401–58-1406, tenants living in dwellings that are not exempt from the act may be entitled to the protections the act provides, while tenants in exempt dwellings — such as those in owner-occupied residences or federally financed single-family homes — would not have recourse under this particular act. Tenants who are uncertain whether their dwelling qualifies for an exemption may review the categories listed in this provision and consider consulting a tenant-rights organization or legal aid service for general guidance. If a tenant believes their dwelling has been incorrectly classified as exempt, raising that question with the relevant state agency or through a tenant-rights resource is one general path available for seeking clarification.
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.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
Rules and statutes that cite this regulation