SESSION OF 2019
SUPPLEMENTAL NOTE ON SENATE BILL NO. 150
As Amended by Senate Committee on Judiciary

Brief*
SB 150, as amended, would create law prohibiting
certain actions being taken against a tenant, lessee, or
applicant for a lease because such person has been or is in
imminent danger of becoming a victim of domestic violence,
sexual assault, human trafficking, or stalking, as follows.
An applicant could not be denied tenancy on the basis
of or as a direct result of the circumstances listed above, if
the applicant otherwise qualifies for tenancy or occupancy.
A tenant or lessee could not be evicted from the
premises or found to be in violation of a rental or lease
agreement on the basis of or as a direct result of the
circumstances listed above, if the tenant or lessee otherwise
qualifies for tenancy or occupancy.
A tenant or lessee would not be liable for rent for the
period after vacating rented or leased premises if the tenant
or lessee is in the circumstances described above and
notifies the landlord or property owner in accordance with
provisions set forth in the bill. In an action brought against a
tenant or lessee under Kansas law seeking recovery of rent,
the tenant or lessee would have an affirmative defense and
no liability for rent for the period after vacating the premises if,
by preponderance of the evidence, the court finds the tenant
or lessee was in the circumstances described above and
provided the required notice.

____________________
*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
 An applicant, tenant, or lessee would qualify for the
protections of the bill if the applicant, tenant, or lessee
provides a statement regarding the circumstances described
above to the landlord or property owner, who could also
request the applicant, tenant, or lessee provide additional
documentation specified by the bill. Such documentation
could include a document signed by the victim and any one of
various specified professionals or providers from whom the
victim sought assistance, declaring under penalty of perjury
the individual believes the qualifying circumstances exist, or a
record pertaining to the alleged qualifying circumstances from
a court or federal, state, or local law enforcement agency,
including a police report. The submission of false information
by an applicant, tenant, or lessee would be a basis for denial
of tenancy, eviction, or violation of a rental or lease
agreement.
A landlord or property owner could impose a reasonable
termination fee, not to exceed one month’s rent, on a tenant
or lessee requesting termination pursuant to the bill before
the expiration date of the lease, but only if such fee is
contained in the terms of the rental or lease agreement.
The bill would provide the definitions of “domestic
violence,” “human trafficking,” “sexual assault,” and “stalking”
are the same as those provided by current statutes regarding
substitute mailing addresses for victims of such offenses.

Background
The bill was introduced by Senators Sykes, Alley,
Baumgardner, Berger, Bollier, Doll, Faust-Goudeau,
Francisco, Givens, Haley, Hardy, Hawk, Hensley, Hilderbrand,
Holland, Kerschen, Longbine, McGinn, Miller, Olson, Pettey,
Skubal, Taylor, Wagle, Ware, and Wilborn.
In the Senate Committee on Judiciary hearing, Senators
Sykes and Faust-Goudeau and representatives of the Kansas
Coalition Against Sexual and Domestic Violence, Keep Girls
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Safe Foundation, Lenexa Police Department, Metropolitan
Organization to Counter Sexual Assault, Sisters of Charity of
Leavenworth, The Associated Landlords of Kansas, and
YWCA Northeast Kansas testified in support of the bill.
Written-only proponent testimony was provided by
representatives of United Community Services of Johnson
County, the Westwood Police Department, and the Wichita
Family Crisis Center. No neutral or opponent testimony was
provided.
The Senate Committee amended the bill to remove
administrative agency records from the listed supporting
documents, specify the allowable termination fee could not
exceed one month’s rent, and clarify terminology in the
termination fee provision.
According to the fiscal note prepared by the Division of
the Budget on the bill, as introduced, the Office of Judicial
Administration indicates enactment of the bill would have a
negligible fiscal effect on Judicial Branch operations.


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