Housing Discrimination is Illegal

As part of Ordinance 231019 (sec. 34-834(9)) prohibiting discrimination in housing on the basis of source of income, rental permit holders will now be required to provide all prospective tenants with the Housing Discrimination Notice to inform them of their rights. Download and print here. 

About the Ban on Source of Income Discrimination

The recent revision to Chapter 38, §§ 38-105 of City Ordinance No. 231019 in Kansas City prohibits housing discrimination based on a tenant's source of income.

Additionally, Chapter 38 aims to mitigate unfair bias by discouraging discrimination against renters with a history of criminal records, adverse credit reports, and prior evictions.

This law does not require private property owners to accept certain types of income, but requires they consider non-wage income equally in considering a rental application. Similarly, Chapter 38 helps prevent unfair bias in housing against renters with a past criminal record, adverse credit reports, and prior evictions. However, this ordinance does not completely prohibit landlords from turning down tenants based on these other criteria, but simply requires landlords consider other factors too. For example, a landlord may ultimately decide not to rent to a prospective tenant with a criminal record, but only after reviewing additional information such as personal references, the violent or sexual nature of the conviction, or evidence of rehabilitation.

A Kansas City housing provider found to have engaged in discriminatory practices will be required to take the following measures: immediately cease all discriminatory actions, pay fines and penalties, undergo comprehensive investigations of all their properties, and be referred to the Human Rights Commission for a public hearing or for possible prosecution in municipal court. This may result in additional fines and/or imprisonment for up to 180 days. Repeat offenders may face the consequence of having their rental permits placed on Special Probationary Status with the Director of Health.

Bringing your rental property into compliance may not be as difficult as you might fear. Best practices to avoid discrimination in housing are:

• Screen applicants on a case-by-case basis rather than by their protected characteristics or source of income.
• Do not advertise a preference for certain types of tenants relating to their protected characteristics.
• Do not give preference to one source of income over another.
• Do not steer applicants with non-employment sources of income to different properties than would be shown to applicants with employment income.
• Apply rental standards and qualifications uniformly and equally to all applicants.
• Ensure rental standards and qualifications are reasonable.