Kan. Admin. Regs. 127-1 § K.A.R. 127-1-1
Request for waiver from accessibility standards.
Operative Text
(a) "Director" means the director of the division of housing in the Kansas development finance authority or a designee. (b)(1) Each application for a waiver of an accessibility requirement established by K.S.A. 58-1402, and amendments thereto, shall be submitted to the director in writing. The application shall identify the following: (A) The specific accessibility standard or standards for which the applicant is requesting a waiver; (B) the street address of the dwelling for which the wavier is requested, as well as the city and county in which the dwelling is located; (C) the public financial assistance program used to assist in financing the construction of the dwelling; and (D) the reasons for the requested waiver. (c)(1) Each application for a waiver based on financial impracticality shall include a notarized estimate of the costs of complying with the accessibility standard or standards for which a waiver is requested. The estimate shall be provided by a residential builder or contractor qualified by experience with projects of a similar size and scope. (2) Each application for a waiver based on environmental impracticality shall include an official topographical map depicting those natural hazards of the dwelling site that make it impracticable to comply with the accessibility standard or standards for which a waiver is requested. Full compliance shall be considered environmentally impractical only in those rare circumstances when the unique characteristics of terrain prevent the incorporation of accessibility features. If full compliance is determined environmentally impracticable, any portion of the facility that can be made accessible shall continue to be subject to the accessibility standard or standards for which a waiver is requested. (d) The proceedings for consideration by the director of each request for a waiver shall not be subject to the Kansas administrative procedure act. Following a review of the application for a waiver, additional information and documentation pertaining to the basis for the requested waiver may be requested by the director. Within 60 days of the date on which the director receives the application for a waiver, written notice of the director's determination regarding the waiver application shall be provided to the applicant. The written determination shall provide notice of the applicant's right to review of the determination under K.S.A. 77-601 et seq., and amendments thereto.
K.A.R. 127-1-1 establishes the formal process by which a party may seek a waiver from the residential accessibility standards set out in K.S.A. 58-1402. A written application must be submitted to the Director of the Division of Housing in the Kansas Development Finance Authority, identifying the specific standards at issue, the dwelling's location, the public financing program involved, and the reasons for the request. Waivers grounded in financial impracticality require a notarized contractor cost estimate, while those grounded in environmental impracticality require an official topographical map demonstrating that unique terrain conditions make compliance impossible. The Director must issue a written determination within 60 days, and applicants retain the right to seek review of that determination under K.S.A. 77-601 et seq.
Plain English — not legal advice.
Under K.A.R. 127-1-1, property owners or developers who receive public financial assistance for construction and believe they cannot meet one or more accessibility requirements typically prepare a complete written application to the Director before proceeding with non-compliant construction. A compliant application identifies each specific standard for which relief is sought, the dwelling's full address, the relevant public financing program, and a clear explanation of the grounds for the waiver. Where financial impracticality is the basis, operators generally obtain a notarized cost estimate from a qualified residential builder; where environmental impracticality is claimed, they secure an official topographical map showing the site conditions that prevent compliance, keeping in mind that any portion of the facility that can be made accessible remains subject to the standard.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
K.A.R. 127-1-1 governs when and how a developer or landlord may be excused from the accessibility requirements that protect residents under K.S.A. 58-1402, meaning that a waiver is not automatic and must meet specific evidentiary standards. Tenants or prospective residents who believe a dwelling subject to public financing falls short of required accessibility features may want to understand whether a valid waiver was actually granted by the Director under this provision. Tenant-rights organizations and fair housing agencies can help individuals explore whether a waiver application was properly filed and determined, and whether the right to review under K.S.A. 77-601 et seq. was appropriately noticed.
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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