Landlords sue Kansas City over discrimination ban, to deny tenants who use housing vouchers
Two landlords are suing Kansas City saying they have a right to refuse tenants who use government-funded housing vouchers, after an ordinance banning income-based discrimination went into effect in August.
Kennedy Jones and Stephen Vogel filed the federal lawsuit. They argue that the city’s law requires them to participate in the Section 8 housing program, which they say violates their constitutional rights and incorrectly trumps federal guidelines. The plaintiffs are seeking an injunction to stop the new rule from being enforced.
The city ordinance prohibits landlords from rejecting a tenant based on the person’s source of income, such as gig work. It also mandates landlords lease to tenants who pay the bulk of their rent with federal housing assistance vouchers.
Landlords who break the law are subject to a $1,000 fine. Repeat offenses can result in a rental permit suspension.
The January passing of the measure was celebrated by housing advocate groups like KC Tenants, but opposed by landlord organizations.
In a statement Thursday, Mayor Quinton Lucas said the policy ensures that nearly 100,000 renters in Kansas City can secure safe and dignified housing.
“Compliance by landlords is simple and consistent with approaches adopted in cities, towns, and suburbs across the country, including Clayton, Missouri, Louisville, Kentucky, and Tempe, Arizona,” Lucas said.
Doug Stone, an attorney for the two property owners, said the city’s ordinance “goes too far by turning a program designed for voluntary participation into an involuntary mandate.”
He also said other cities have addressed housing problems by providing incentives to landlords who choose to enroll in the voucher program.
“While we can only speak for the Plaintiffs in this case, we believe the residential landlord sector remains willing to work cooperatively with the City in crafting programs to address the need for additional affordable housing,” Stone said.
According to the lawsuit, property owners who rent to a voucher-holder must also enter into a contract with wording from the U.S. Department of Housing and Urban Development that includes provisions granting housing officials access to the landlord’s premises and records. Jones and Vogel argue that requires landlords to waive search and seizure protections under the Fourth Amendment.
Jones has two rental units in Kansas City and used to accept Section 8 vouchers. But he reversed course because the terms of the program “were unjust and financially unconscionable,” the lawsuit said. Vogel owns three rental units and has never accepted the vouchers, in part because of what he described as the burden of complying with HUD-imposed inspection requirements.
They also say that participating in the voucher program is not required by the federal government and that the city’s law conflicts with federal law.
Lucas said he believes the lawsuit “is without merit.”
“We will fight to uphold this policy in court and are confident it will withstand this and any other legal challenges,” he said.
