Kansas City Council chambers overflowed with a sea of yellow shirts Jan. 25, as nearly 200 members of the citywide tenants union KC Tenants celebrated a policy victory with cheers.
The applause was for KC’s newest ordinance, passed by a 10-3 vote, which bans source of income discrimination against renters, who make up half the city’s population.
The ordinance bans landlords from denying housing to potential renters based solely on their source of income, use of vouchers like Section 8, credit score, criminal record or previous evictions.
“The effort [new ordinance] is to make life a little bit easier for renters in our city,” said Mayor Quinton Lucas, who co-sponsored the ordinance.
A major concern of those behind the ordinance was minimizing a landlord’s ability to refuse to accept tenants simply because they’re using housing vouchers and other forms of government assistance. It’s a practice that has been criticized for disproportionately affecting women, disabled, elderly, and Black renters, limiting their housing options and perpetuating inequality.
“This ban matters deeply to me and to my daughters,” said KC Tenants leader Alaysha Jenkins. “It will change everything for us and for so many like us who have been trapped by limited options.”
Black women have been particularly affected by source of income discrimination. Before the vote, 145 Black women from KC signed a letter sent to the city council pointing out that 60% of Missouri’s voucher holders are Black and that 43% are single mothers.
“Banning source of income discrimination in Kansas City is not just a matter of policy, but one of racial justice,” reads the letter. “There is little to no difference between source of income discrimination and racial discrimination in housing. Source of income discrimination is modern-day redlining.”
Kansas City joins a growing list of municipalities across the nation — including 85 cities, 21 counties, and 17 states — in implementing a source of income discrimination ban. The new law is set to take effect in six months and represents a concerted effort by the mayor and KC Tenants, who worked together to write the initial draft of the ordinance.
“The best policy is informed by the lived experience of the people who are most impacted by the problem,” said Councilman Johnathan Duncan. “And that is what this policy is.”
The ordinance bans discrimination against tenants based solely on:
- Source of income from an occupation, including gig work or paying rent in cash.
- Use of public programs like Section 8 Housing Choice Vouchers.
- Poor credit score.
- Prior evictions and alleged damages older than 12 months.
- Prior convictions or arrests.
Proponents say that the ban is expected to create more opportunities for working-class tenants to secure housing in previously inaccessible neighborhoods. Members of KC Tenants also predicted that the new ordinance will decrease homelessness and provide relief to individuals with the financial means to rent but were previously overlooked due to their source of income.
“There is little to no difference between source of income discrimination and racial discrimination in housing. Source of income discrimination is modern-day redlining.”
From a letter signed by 145 Black women to members of the Kansas City Council
The ordinance also has teeth and allows tenants to report discrimination to the city’s civil rights office in person, via email, or by calling 311. Violating landlords can face fines of up to $1,000 for each offense, with repeat violators facing probationary measures affecting their rental permits. The new law also requires the city to proactively scan for rental ads using discriminatory language like “no Section 8.”
Opposition & Compromise
The three council members who voted against — Wes Rogers, Nathan Willet and Kevin O’Neill — cited the ordinance’s mandate on landlords to comply with the federal government’s housing program as the reason for their no votes.
Across the country, landlords have been reluctant to accept Section 8 vouchers because of “time consuming” additional paperwork, and because of the need for them to have their properties pass an inspection, something they say is also time consuming, delays getting their property up and producing income and can require them to make expensive investments to be in compliance with federal housing standards.
To address some of the issues raised by the landlords, the city council negotiated privately over the course of weeks to come up with a set of compromises.
Landlords can still deny renters who are otherwise protected by the ordinance, but they must consider other factors provided by the tenant in their application.
For example, if a renter has a past eviction, they can attach references, efforts they took to avoid eviction, or records showing a good history since the eviction. The landlord would have to consider that additional information but would still be able to use their discretion to deny or approve the renter.
In another amendment aimed at appeasing landlords, they will be able to deny outright those with sexual or violent offenses. In addition, the ordinance creates a new landlord liaison position at city hall, and for some older properties that can’t pass inspection, the landlord won’t face fines for noncompliance.
“Nobody’s completely happy, so I think we’ve done a very good job,” said Councilmember Melissa Patterson-Hazley.
The compromises also prohibit publishing the names of landlords who are being disciplined for noncompliance with the ordinance and create a $1 million mitigation fund for landlords. The mitigation fund is said to be similar to a program offered in Johnson County that financially rewards landlords who take renters with housing vouchers and sets aside funds to cover damages caused by a voucher-using tenant.