Kansas SB 485: Providing that under rental agreements governed by the residential landlord tenant act, a landlord is required to count certain income when considering a tenant or prospective tenant's qualifications for housing, providing for the sealing and expungement of court records in eviction actions related to such rental agreements and requiring mediation in such eviction cases unless the court finds that mediation would not aid the parties materially.

Bill Text

Session of 2026
SENATE BILL No. 485
By Senator Holscher
2-4
AN ACT concerning housing; relating to the residential landlord and
tenant act; requiring landlords to consider certain income of a tenant or
prospective tenant when demonstrating income as a condition for
qualifying for housing; providing that court records in eviction actions
in which the underlying rental agreement is governed by such act shall
be sealed for certain periods; requiring expungement of certain court
records of such eviction actions; requiring mediation in eviction actions
in which the underlying rental agreement is governed by such act
unless the court finds that mediation would not aid the parties
materially; providing that certain violations of this act constitute
deceptive or unconscionable acts or practices under the provisions of
the Kansas consumer protection act; amending K.S.A. 60-2617, 61-
3804, 61-3806 and 61-3807 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
New Section 1. (a) If a landlord requires a tenant or prospective
tenant to demonstrate income as a condition of qualifying for housing, all
income shall be considered.
(b) Except as provided further, as used in this section, "income"
means any lawful source of money paid directly or indirectly to a renter or
buyer of housing, including, but not limited to, any: (1) Lawful profession
or occupation; (2) government or private income, assistance, grant, or loan
program; (3) gift, inheritance, pension, annuity, alimony, child support or
other consideration or benefit; and (4) sale or pledge of property or interest
in property. "Income" does not include any federal housing assistance
issued under section 8 of the United States housing act of 1937, 42 U.S.C.
§ 1437f.
(c) Any violation of this section shall be deemed to be a deceptive or
unconscionable act or practice under the provisions of the Kansas
consumer protection act and subject to the remedies and enforcement
provisions of the Kansas consumer protection act. The requirements and
remedies of this subsection are in addition to any other requirements and
remedies provided by law.
(d) This section shall be a part of and supplemental to the residential
landlord and tenant act.
New Sec. 2. (a) Upon the filing of a petition for eviction pursuant to
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SB 485 2
K.S.A. 61-3801 et seq., and amendments thereto, in which the underlying
rental agreement is governed by K.S.A. 58-2540 et seq., and amendments
thereto, the court shall automatically seal the court file, including the
petition commencing the action and any other pleadings, proof of service,
any findings and orders of the court and all other papers, records,
proceedings and evidence, including exhibits and transcripts of the
testimony. Such filings and the allegations in the filings shall be
confidential and shall not be disclosed to any person except as provided by
this section. Upon the sealing of the court file, the case records and any
information concerning the case shall not be made available or transferred
to any third party and shall only be available to the following persons:
(1) The tenant whose court file is sealed and any party or attorney
who has made an appearance in the case;
(2) the court; and
(3) the clerk of the court responsible for maintaining records.
(b) (1) Except as provided in paragraph (2), the court shall not unseal
a case that is sealed pursuant to this section if the case:
(A) Does not result in a judgment;
(B) is dismissed, including, but not limited to, dismissal pursuant to a
mediation agreement or agreement between the plaintiff and defendant; or
(C) results in a judgment entered in favor of the defendant.
(2) The court may unseal a case that is sealed pursuant to this section
if the defendant requests unsealing or the plaintiff and defendant agree to
unsealing.
(c) (1) Except as provided in paragraph (2), the court shall unseal a
case that is sealed pursuant to this section if a default judgment or
judgment is entered in favor of the plaintiff.
(2) The court shall not unseal a case described in paragraph (1) if:
(A) The plaintiff and defendant agree to keep the case sealed;
(B) the court finds good cause or that it is in the best interest of
justice to keep the case sealed. Good cause includes, but is not limited to:
(i) A tenant who is a victim of domestic violence;
(ii) fault by both the plaintiff and defendant; or
(iii) any other identified safety, property or privacy interest.
(d) (1) A consumer reporting agency, tenant screening agency,
property management company, landlord or those standing in the position
of property management shall not collect or disseminate, cause to be
disseminated or permit the dissemination of any eviction filing or eviction
case information that is subject to automatic sealing by the court pursuant
to this section.
(2) Any violation of this subsection shall be