Kan. Admin. Regs. 21-60 § K.A.R. 21-60-17
Design and construction requirements.
Operative Text
(a) On or after July 1, 1992, covered multifamily residential real property designed and constructed for first occupancy after January 1, 1992 shall have at least one building entrance on an accessible route, unless it is impractical to do so because of the terrain or unusual characteristics of the site. For purposes of this paragraph, covered multifamily residential real property shall be deemed to be designed and constructed for first occupancy on or before January 1, 1992, if the covered multifamily residential real property is occupied by that date or if the last building permit or renewal thereof for the covered multifamily residential real property is issued by a state, county or local government on or before January 1, 1992. The burden of establishing impracticality because of terrain or unusual site characteristics is on the person or persons who designed or constructed the housing facility. (b) Compliance with a duly enacted law of the state of Kansas or unit of local government that includes the requirements of paragraph (h) of K.S.A. 44-1016 satisfies the requirements of this act. (c) The state of Kansas or unit of general local government may review and approve newly constructed multifamily residential real property for the purpose of making determinations as to whether the requirements of paragraph (h) of K.S.A. 44-1016 are met. (d) Determinations of compliance or noncompliance by the state of Kansas or a unit of general local government under paragraph (c) are not conclusive in proceedings under this act.
K.A.R. 21-60-17 establishes design and construction standards for covered multifamily residential properties first occupied after January 1, 1992. Such properties must include at least one building entrance on an accessible route, with a narrow exception for terrain or unusual site characteristics — and the burden of proving that exception falls on the designer or builder, not on residents or complainants. State or local government reviews of compliance are permitted but are not treated as final or binding determinations in enforcement proceedings under the act.
Plain English — not legal advice.
Under K.A.R. 21-60-17, operators and developers of covered multifamily residential properties built for first occupancy after January 1, 1992 are generally expected to ensure at least one accessible-route building entrance was incorporated into the design and construction. If a terrain or unusual site characteristics exception was claimed, the designer or builder bears the burden of documenting why accessible entry was impractical — not the current occupants or complainants. Compliant operators typically maintain records of applicable building permits, design approvals, and any local government accessibility reviews, keeping in mind that local approval alone does not conclusively establish compliance under this regulation.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
K.A.R. 21-60-17 gives tenants and prospective tenants of covered multifamily residential properties built after January 1, 1992 a basis to raise accessibility concerns if the building lacks an entrance on an accessible route. Importantly, the rule places the burden of justifying any terrain-based exception on the designer or builder, not on the person raising the concern. Tenants who believe this provision has been violated may consider contacting a tenant-rights organization, filing a complaint with a relevant fair housing agency, or raising the violation as a defense or claim in applicable proceedings — a local government's prior approval of the building does not foreclose such challenges under K.A.R. 21-60-17.
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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