Judge sides with landlords for now, says Kansas City can’t make them accept rent vouchers
Mayor Quinton Lucas said Thursday that the city would comply with a court order that temporarily suspends enforcement of a year-old ordinance that forced landlords to participate in a federal program that provides rental assistance to low-income families.
But he made clear in a written statement that he wasn’t happy about that ruling handed down earlier this week.
“The actions taken by landlords to challenge the program in courts and in Jefferson City jeopardizes housing access for the over 17,000 Kansas Citians waiting for housing vouchers, which leaves over 17,000 Kansas Citians still looking for a stable place to live in our city,” Lucas said.
“Having experienced homelessness in my own life, I can only hope that landlords spend time this winter working with the City, housing advocates in our community, and their renters to help people get and stay off the streets here in Kansas City, rather than looking to close the door to housing access through high-priced lobbyists and lawyers at our legislatures and in our courts.”
Later Thursday, at the end of its regular weekly legislative meeting, the City Council emerged from an hour-long, closed-door session to discuss unspecified “legal matters.”
Councilman Johnathan Duncan immediately introduced a resolution that would temporarily pause a program that the city launched last month to help landlords comply with the federal rental assistance problem commonly known as Section 8, by helping cover expenses that improve the quality of their housing.
Lucas assigned that proposal to the council’s finance committee, and adjourned without further comment.
The council passed an ordinance last January that prohibits landlords from refusing to rent to tenants based solely on that person’s source of income, such as gig work, where their pay may vary month to month.
The citywide union KC Tenants helped write the law, and Lucas championed its passage. Among its more controversial provisions was one that required landlords to accept federal housing voucher checks as payment. Landlords complained that would force them to enroll in a voluntary federal program, which would subject them to unwanted red tape.
The ordinance took effect in August, and in October two landlords sued the city in federal court. Kennedy F. Jones and Stephen J. Vogel argued that the city’s voucher requirement violated their constitutional rights because they did not want to participate in the Section 8 program.
In sworn affidavits, Jones said he owned two rental units, Vogel said he owned three and neither wanted the hassle of inspections and other program requirements.
On Tuesday, U.S. District Judge Roseann A. Ketchmark granted their request for a preliminary injunction, which bars the city from enforcing the ordinance until there’s a final ruling in that case.
It’s not scheduled for trial until Dec. 4, court records show..
City officials did not immediately fulfill The Star’s request for information on how many landlords have been investigated for not complying with its ordinance, or whether any penalties have been levied for noncompliance.
Violations can bring fines of up to $1,000.
To address landlords’ concerns that following the law would be too onerous or costly, the city launched its property owner support program on Jan. 15. It offers financial support for certain eligible expenses to improve their properties to make more housing safer and available.
The city devoted $1 million to the program, which may now be put on hold, depending on what the council decides after the finance committee makes a recommendation.
That committee’s next meeting is Feb. 25.
