KSHB 41 reporter Ryan Gamboa covers Miami County in Kansas and Cass County in Missouri. He also covers agricultural topics. KSHB 41's Elyse Schoenig first told this story though a viewer tip last year. Gamboa covers topics Miami County, Kansas and this story was made possible after Sen. Shane shared the news with him. You too, can share your story with Ryan. Share your story idea with Ryan.
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A bill proposed in the Kansas Senate could give tenants more legal options against landlords who let their properties become uninhabitable.
If passed, the bill could potentially help people like those displaced from Aspen Place apartments in Gardner, Kan., last year.
Senate Bill 415 would pair two state consumer laws to give tenants in uninhabitable rental properties more legal recourse against their landlords. The bill is sponsored by Sen. Doug Shane, a Republican from Louisburg, Kan.
"It aims to correct some gaps that we saw in state law as it pertains to the Aspen Place Apartment tragedy in 2025," Shane said.
The first bill would apply the Kansas Consumer Protection Act to the Residential Landlord Tenant Act in limited circumstances — specifically when a rental property has been deemed uninhabitable due to negligence or inaction by the landowner.
"What the Kansas Consumer Protection Act allows is for the attorney general or the victims to make a claim under the Kansas Consumer Protection Act," Shane said.
Currently, tenants can only recover their security deposit and one month's rent under the Residential Landlord Tenant Act.
Under Shane's proposal, they could also seek up to $10,000 in damages through the Kansas Consumer Protection Act.
"If the residents of Aspen Place, had this been in law at the time, would not have just been able to get back the security deposit, and one month rent, which is what they could get under the Residential Landlord Tenant Act," Shane said. "They could also get $10,000 in damages under the Kansas Consumer Protection Act."
The legislation would create additional enforcement mechanisms beyond tenants suing landlords individually.
Kansas County District Attorney's and the Attorney General could pursue legal action under the Kansas Consumer Protection Act.
"Right now, really the only enforcement mechanism is the tenant suing the landlord," said Nick Blessing, a staff attorney with Kansas Legal Services. "If the Attorney General or a District Attorney can file an action under the Kansas Consumer Protection Act, that's somebody else that could actually enforce this. It basically gives us a third and fourth enforcement option."
Blessing sees potential in the bill, but wants clearer definitions of what constitutes uninhabitable conditions.
"It could be quite impactful," Blessing said.
Shane acknowledges the need for more precise language around uninhabitable conditions.
He told KSHB 41's Miami County Reporter Ryan Gamboa being condemned for health and safety reasons clearly makes a facility uninhabitable, as does exposure to black mold, water damage and rodent infestations.
"That might be something we address through the bill working process. Do we need to tighten up that definition of what uninhabitable means?" Shane said.
Corey Thurman, a former Aspen Place resident, supports the measure. He was among those suddenly displaced when the Gardner apartment complex was condemned. There were about 180 units where people were forced to evacuate
"You're angry," Thurman said. "I mean, you don't know who to be angry at. But you're angry because of the position that you had nothing to do with."
The sudden displacement created financial hardship and left Thurman feeling disrespected by how the situation was handled.
"I think my problem was the indignity that they forced on everybody," Thurman said. "I don't care what the law says, there's still human dignity."
Thurman explained he couldn't afford to pursue individual legal action on his own, but is part of a class action lawsuit.
Blessing told Gamboa Thursday night many tenants cannot afford to take action against a landlord.
Thurman believes the proposed legislation is overdue.
"I think it's something that has needed to be done for a long time," Thurman said. "It keeps people honest."
Shane said he doesn't anticipate the legislation creating an undue burden on landlords because of how narrowly it would be applied.
The Kansas Consumer Protection Division within the Attorney General's office already exists to handle such cases.
This would give consumers another option to protect themselves and to prevent landlords from abusing legal protections.
"I don't want to make it impossible to be a landlord or difficult to be a landlord in Kansas, but I do want to make it difficult and painful to be a slumlord," Shane said.
If the bills receive hearings in the next two weeks, and pass both chambers, they could take effect this summer.
Shane told KSHB 41 there's bipartisan interest in addressing the Aspen Place situation through his legislation.
"More and more of our constituents are becoming tenants and that's just a reality," Shane said. "A bad landlord creates a bad reputation for all landlords."
Shane also introduced Senate Bill 416, a bill dealing with facility inspections that KSHB 41 News Reporter Ryan Gamboa intends to follow-up on.
Gamboa reached out to the offices of the Kansas Attorney General and the Johnson County District Attorney with a list of questions regarding the legislation.
KSHB 41 is waiting for a response.
This story was reported on-air by a journalist and has been converted to this platform with the assistance of AI. Our editorial team verifies all reporting on all platforms for fairness and accuracy.
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