UPDATED
SESSION OF 2023
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2376
As Amended by House Committee on Local
Government

Brief*
HB 2376, as amended, would make any restrictive
covenant on real property in violation of the Kansas Acts
Against Discrimination (KAAD) void and unenforceable. The
bill would also establish mechanisms for property owners,
cities, and counties to remove such restrictive covenants
deemed to be void and unenforceable.

Restrictive Covenants
The bill would make any restrictive covenant on real
property on any deed, plat, declaration, restriction, covenant,
or other conveyance in violation of the KAAD void and
unenforceable. The bill would allow for the owner of the real
property to release such covenants from their property by
recording a certificate of release of prohibited covenants with
the Register of Deeds. The certificate of release would be
subject to recording fees set by the county. The certificate of
release would be required to have the following information:
● The name of the current owner of the real property;
● A legal description of the real property;
● The volume and page or the document number in
which the original document containing the
restrictive covenant is recorded;
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
 ● A brief description of the restrictive covenant; and
● The citation to the location of the restrictive
covenant in the original document.
Homeowners Associations
The bill would indicate when a board of directors of an
association removes a restrictive covenant in violation of the
KAAD, the recording of the amended document would be
subject to county recording fees.
The bill would allow a city or county to adopt a resolution
to record a certificate of release of prohibited covenants
(certificate) if the homeowners association that established
the prohibited covenant is not active and unable to release
the prohibited covenants. The resolution could also remove
more than one prohibited covenant. The bill would not require
the signature or consent of any affected property owner to
record a certificate.
The bill would not affect the validity of any property
interest recorded within the original or redacted plat and
would state no city or county would incur any liability arising
from the recording of a certificate. The bill would also state
that no fee could be charged to record a certificate, and any
record of a certificate would be exempt from land surveys.

Legislative Finding
The bill would state a legislative finding regarding the
1968 Fair Housing Act.

Background
The bill was introduced by the House Committee on
Local Government at the request of Representative Penn.

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House Committee on Local Government
In the House Committee hearing on February 15, 2023,
Representative Penn and a representative of the Kansas
Association of Realtors presented proponent testimony. The
proponents generally stated the bill would provide
homeowners a long-overdue tool to remove racially restrictive
covenants.
Written-only proponent testimony was provided by
representatives of the Kansas Association of Counties,
Kansas Register of Deeds Association, Sedgwick County,
and Unified Government of Wyandotte County and Kansas
City, Kansas.
Neutral testimony was provided by a representative of
the League of Municipalities. Written-only neutral testimony
was submitted by a representative of the Community
Associations Institute.
Opponent testimony was provided by representatives of
Kansas Interfaith Action and the City of Roeland Park. The
opponents generally stated enactment of the bill would open
the door to housing discrimination against people for military
status, sexual orientation, and gender identity who are not
protected classes under KAAD.
Written-only opponent testimony was provided by
representatives of the African American Affairs Commission;
American Civil Liberties Union of Kansas; Center of Daring;
cities of Mission, Overland Park, Roeland Park, and Wichita;
Equality Kansas; M-Care Healthcare; and Voter Rights
Network of Wyandotte County.
The House Committee amended the bill to remove a
section prohibiting cities or counties from adopting or
enforcing any ordinance, resolution, or regulation related to
discrimination that is more restrictive than the KAAD and to
add a Legislative finding regarding the 1968 Fair Housing Act.

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Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Kansas Human
Rights Commission and Kansas Association of Counties
indicate enactment of the bill would not have a fiscal effect.
The League of Kansas Municipalities indicates the bill would
have negligible effect.
Fair Housing Act; Kansas Act Against Discrimination; municipalities; restrictive
covenants; homeowners association; register of deeds


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Statutes affected:
As introduced: 44-1017a, 44-1002
As Amended by House Committee: 44-1017a, 44-1002