Attorney General Opinion
The Topeka Housing Authority is the agent of the City of Topeka pursuant to the Municipal Housing Law. However, because the City has no control or right to control the actions of the Topeka Housing Authority, the City should not be held liable on a theory of respondeat superior for tortious conduct committed by the Topeka Housing Authority. Pursuant to the Kansas Tort Claims Act, the Topeka Housing Authority is liable for the negligence of its employees while acting within the scope of their employment under circumstances where the Topeka Housing Authority, if a private person, would be liable under state law. Finally, the Municipal Housing Law is not an enactment uniformly applicable to all cities and, therefore, a city may exempt itself from the Municipal Housing Law's provisions in accordance with Article 12, Section 5 of the Kansas Constitution. Cited herein: K.S.A. 17-2337; 17-2339; 17-2340; 17-2341; 17-2345; 17-2351; 17-2357; 17-2361; 17-2365; K.S.A. 2000 Supp. 75-6101; 75-6102; 75-6103; Kan. Const. Art. 12, section 5.