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HB 2282

Providing that covenants, conditions or restrictions established between January 1, 1948, and December 31, 1958, that restrict the use of real property owned by state educational institutions for only single-family residence purposes and contain discriminatory provisions to restrict ownership or tenancy by race are against public policy and void.

2025-2026 Regular Session

Void CC&Rs on state educational property that restrict use to single-family homes or race-based bans (1948–58); affects schools and titleholders; effective Sept 1, 2025.

Died in Committee
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Bill Summary · HB 2282

Summary — HB 2282 (Kansas, 2025)

Purpose

HB 2282 declares certain historic deed restrictions (covenants, conditions, and restrictions — “CC&Rs”) affecting real property owned by state educational institutions to be against public policy and void. The bill targets restrictions that (a) limit such property to single‑family residential use, and (b) those that forbid any use other than single‑family residence and also include racially discriminatory provisions limiting ownership or tenancy.

Key provisions

  • Declares void and unenforceable any provision of a covenant, condition or restriction that applies to real property owned by a “state educational institution” (see K.S.A. 76‑711 for definition) if the provision:
    1. Restricts the property to be used only for single‑family residence purposes; or
    2. Restricts the property from being used for any purpose other than a single‑family residence and contains discriminatory provisions restricting ownership or tenancy by race.
  • The voiding applies to any related amendments, supplemental covenants, or additional conditions connected to those provisions.
  • Temporal scope: applies only to CC&Rs (including amendments/supplements) that were established between January 1, 1948, and December 31, 1958.
  • Effective date: the act takes effect upon publication in the statute book; listed legislative actions show it was signed by the Governor on June 20, 2025 and scheduled to be effective September 1, 2025.

Who is affected

  • Primary: state educational institutions owning real property (per K.S.A. 76‑711), including property holdings of state universities, community colleges, technical colleges, and Washburn University.
  • Secondary: any parties or entities (e.g., local governments, homeowners associations, title companies, potential lessees or buyers) relying on or enforcing historic CC&Rs that fall within the specified 1948–1958 window and involve the property of a state educational institution.
  • The bill does not purport to affect CC&Rs outside the specified date range or CC&Rs that do not meet the described conditions.

Fiscal and administrative impact

  • Fiscal note (Kansas Division of the Budget, Feb. 11, 2025): enactment would have no fiscal effect on the Kansas Department of Education or on the Board of Regents and the public postsecondary institutions named (state universities, community colleges, technical colleges, Washburn University).

Enforcement / Legal effect

  • Targeted provisions are declared against public policy and are void and unenforceable. The bill does not create a new private cause of action in the text but would render specified historic restrictions ineffective as a matter of public policy and law.
  • The scope is limited by date and to property owned by state educational institutions; other restrictive covenants generally remain valid unless addressed by other law.

Procedural/timeline notes

  • Introduced: January 30, 2025 (requested by Representative Hoheisel; referred to House Committee on Financial Institutions and Pensions).
  • Hearing originally scheduled for February 10, 2025 (Room 281‑N) was canceled.
  • Legislative record shows the bill was passed by the Legislature, sent to and signed by the Governor (June 20, 2025), and made effective September 1, 2025.

If you want, I can:
- Pull the exact statutory definition of “state educational institution” from K.S.A. 76‑711 for clarity, or
- Draft model language for a title insurer or county clerk explaining how to treat affected CC&Rs in title searches and recordings.

Compiled from official sources — confirm details with the bill’s official record.

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