COVID-19 Information for Kansas
The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.
State and Local Affiliates
Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.
State Legal and Regulatory Information
We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.
Governor Kelly recommended that counties remain in Phase 3, while granting counties authority to maintain previous restrictions based on health data.
Face Mask Mandate
Governor Kelly ordered that all businesses and organizations require employees and customers to wear face masks in commercial buildings. The order will remain in effect until the expiration of the State of Disaster Emergency.
State of Emergency
Governor Laura Kelly declared a state of emergency on March 12, 2020.
Status: COVID-19 Hardship Eviction Cases Suspended
- Action: Extends EO 20-61, among others through January 26, 2021
- Action: On August 31, 2020, Governor Laura Kelly signed an executive order implementing a new eviction moratorium through September 15,2020.
- Scope: Prohibits evictions when all defaults or violations of the rental agreement are substantially caused by a financial hardship resulting from the COVID-19 pandemic. The order does not prohibit the continuation of any judicial foreclosure or judicial eviction proceedings filed before the effective date of the order.
- COVID-19 Related Impact Requirement: Yes. “As used in this order, a financial hardship resulting from the COVID-19 pandemic occurs when (1) an individual or family suffers a significant loss of income, significant increase in necessary expenses, or inability to work as a direct or indirect result of the COVID-19 pandemic, and (2) the individual’s or family’s financial resources are depleted to the extent that making mortgage or rent payments would leave them unable to purchase food, medicine, or other goods, supplies, or services necessary to their health and safety.”
- Residents Responsible for Rent: Yes.
Executive Order (Expired)
- Action: Governor Laura Kelly signed an executive order on March 17, 2020, halting residential eviction proceedings statewide through May 31, 2020.
- Scope: All filings.
- COVID-19 Related Impact Requirement: Yes. Significant income loss, increase in expenses, or inability to work due to COVID-19, or household’s resources depleted to the extent that paying rent or mortgage would leave them unable to purchase food, medicine, or other goods, supplies, or services necessary to their health and safety.
- Residents Responsible for Rent: Yes.
Rental Assistance/Housing Provider Assistance
No statewide emergency rental assistance for Kansas.
No rent freeze is in effect at the state or local level. Local rent regulation is preempted by Kansas Code Chapter 12. - Cities and Municipalities Article 16. - Miscellaneous Provisions 12-16, 120.
Under Kansas Code § 50.6.160, it is unlawful to unjustifiably increase the price of necessary property or services during a time of disaster. Goods and services charged at a rate of 25 percent more than prior to a declaration emergency will be considered evidence of grossly excessive pricing. According to the statutory language, housing is deemed necessary property and falls under regulation of this chapter. The language of this statute will hold for the duration of the declared emergency or 30 days after its occurrence, whichever is longer.
Business Liability Protections
On Friday, June 19, 2020, Gov. Kelly enacted protections for businesses against civil liability. Under the rules, businesses are protected against civil liability claims resulting from customer or employee exposure to COVID-19 while on premises if the business follows applicable federal, state, and local safety guidelines.