“Unconstitutional overreach”: Two landlords challenge Kansas City’s Source of Income Discrimination law

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Kansas City, Missouri – Alleging it reflects an “unconstitutional overreach,” two Kansas City landlords, Kennedy F. Jones and Stephen J. Vogel, have launched a major lawsuit challenging the city over a new housing rule. Approved by the Kansas City, Missouri City Council in January, the rule forbids discrimination based on source of income, therefore safeguarding renters. This covers individuals who get housing choice vouchers, child support, tipped wages, social security disability insurance, and supplementary security income.

Although the ordinance may have good intentions, the landlords contend it burdens property owners unnecessarily. They specifically challenge the inclusion of Section 8 vouchers, a government aid program designed to help low-income families, senior individuals, and the disabled pay for housing. Participation by landlords has been voluntary under the Housing Act of 1937, which approved this program. According to Jones and Vogel, this flexibility is absolutely vital since following Section 8 guidelines can be costly and demanding.

Alleging it reflects an "unconstitutional overreach," two Kansas City landlords, Kennedy F. Jones and Stephen J. Vogel, have launched a major lawsuit challenging the city over a new housing rule
Credit: Getty

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Their lawsuit notes that against their will, the new ordinance could compel landlords into the Section 8 program, therefore contradicting the original Housing Act provisions. They say this could result in major financial and administrative difficulties they are not ready to handle.

Kansas City Mayor Quinton Lucas responded to the lawsuit saying he was certain the policy would withstand judicial examination. He highlighted the city’s dedication to equity and tenant rights protection.

“I don’t think that [the lawsuit] has merit,” said Lucas as reported by KSHB 41 Action News. “I think Kansas City worked hard to make sure we had a program that was fair to landlords and fair to tenants.”

Alleging it reflects an "unconstitutional overreach," two Kansas City landlords, Kennedy F. Jones and Stephen J. Vogel, have launched a major lawsuit challenging the city over a new housing rule
Courtesy of City of Kansas City

The city’s stance is supported by precedent from other U.S. cities with similar laws, such as Clayton, Missouri, and Tempe, Arizona, which have faced and overcome comparable legal challenges. The legal staff of the city is ready to oppose the ordinance since it is a necessary action to stop discrimination against sensitive tenants.

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Furthermore, a city official underlined the annoyance of having to allocate public funds to defend a rule meant to increase the availability of affordable homes and shield renters from income-based discrimination.

Kansas City’s Source of Income Discrimination law was based off similar laws throughout the country, which have been upheld by courts in similar lawsuits. While it is frustrating to waste our taxpayer dollars to defend a law that seeks to protect tenants and provide additional affordable housing options city wide, I put my full faith in the City’s law department to defend against this and any future lawsuits seeking to overturn these tenant protections. I believe we will win and the federal court will declare Source of Income Discrimination Ban constitutional and valid.

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Not only in Kansas City but also the country, the case will probably become a hot topic on housing rights and landlord obligations as it advances. The result could have far-reaching effects on how communities apply tenant protections without laying irrational expectations on landlords.

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