Kansas City Landlords Sue City Over Controversial Housing Ordinance

Kansas City Landlords Take Legal Action Over New Housing Ordinance

Kansas City, Missouri, is currently at the center of a heated debate as two landlords have filed a lawsuit against the city over a recently passed housing ordinance. This ordinance, approved by the city council in January, aims to protect renters from discrimination and enhance housing opportunities for those who receive various forms of assistance.

Understanding the Ordinance

The city’s housing ordinance is designed to provide safeguard measures for renters, particularly those who rely on supplemental security income, social security disability insurance, child support, tipped wages, and housing choice vouchers. By extending protections to these income sources, the city hopes to create a more inclusive housing market where everyone, regardless of their financial situation, can find acceptable living arrangements.

The Legal Challenge

Landlords Kennedy F. Jones and Stephen J. Vogel are behind the lawsuit claiming that the ordinance is an example of “unconstitutional overreach.” According to the legal documents, the plaintiffs argue that the ordinance misinterprets the Housing Act of 1937, which deals with Section 8 vouchers. The lawsuit articulates that while landlords are permitted to accept Section 8 vouchers as rent payment, they are not legally mandated to do so.

Jones and Vogel assert that opting into the Section 8 program comes with “substantial burdens” that Congress recognized, thus making participation voluntary. The ordinance, they claim, imposes unnecessary burdens on landlords and oversteps legal boundaries established by federal law.

A Mayor’s Perspective

Kansas City’s Mayor, Quinton Lucas, has publicly weighed in on the matter. On a recent Saturday, he expressed that he believes the lawsuit lacks merit. Mayor Lucas stated, “I think Kansas City worked hard to make sure we had a program that was fair to landlords and fair to tenants.” He is confident that the ordinance’s structure aligns with similar laws in places like Clayton, Missouri, and Tempe, Arizona, suggesting that there is a precedent for enforcing such protections.

Community Support and Opposition

The ordinance was the result of considerable discussion and input from various community stakeholders. Tenant-rights groups, including KC Tenants, were instrumental in advocating for the ordinance’s passage. During city council meetings, both tenant advocates and local landlords voiced their concerns, creating a dynamic environment of differing opinions.

It’s important to note that while the ordinance expands protections for certain income sources, it still allows landlords to deny rental applications based on other critical criteria. This includes considerations like criminal history, credit score, previous evictions, reports of alleged damages, and rent-to-income ratio. This aspect of the ordinance was intended as a concession to landlords who argued for their right to make informed decisions about potential tenants.

What’s Next?

As this legal battle unfolds, landlords are seeking a declaratory judgment, claims for relief, and both preliminary and permanent injunctions against the ordinance. The outcome of this lawsuit could have significant implications for both renters and landlords in Kansas City. A ruling in favor of the landlords could lead to a reconsideration of the protections that many advocates feel are crucial for fair housing practices in the city.

With tensions running high and opinions divided, residents and local officials alike will be watching closely as the lawsuit makes its way through the legal system. Kansas City stands at a crossroads where the rights of renters and the concerns of landlords must find a common ground.