The Kansas City, Missouri Municipal Code (Chapter 38) was expanded to provide protection against discrimination in housing related to source of income, effective August 1, 2024. Explore the frequently asked questions below to learn more.

What is source of income discrimination in housing?

 The municipal code requires all tenants and prospective tenants be treated equally, regardless if they intend to pay their rent with earned wages, or other sources of income. Sources of income includes any verifiable and lawful income, such as Section 8 vouchers or disability payments. This law does not require private property owners accept certain types of income, but merely requires they consider non-wage income equally in considering a rental application. If you think you have been denied housing because of your source of income, you may file a complaint with the Kansas City Department of Civil Rights and Equal Opportunity (select "Discrimination Report").

What else is covered?

 Chapter 38 also 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.

Additionally, when a landlord denies a rental application, the prospective tenant must be informed of the denial. If a prospective tenant requests a rationale, the landlord must provide one in writing and inform the tenant of their rights to be free from discrimination pursuant to Chapter 38. A landlord also may not increase charges, reduce services, or require the tenant bear financial responsibility for a violation of these anti-discrimination provisions.

What are examples of possible source of income discrimination under Chapter 38 of the Municipal Code?

• Preferring tenants with employment income over tenants with other sources of income.
• Discouraging applicants with non-employment income, criminal history, or poor credit scores from applying to rent.
• Advertising or making statements such as “No Section 8,” “No Prior Evictions,” “No Felons,” or similar limitations.
• Screening out applicants receiving Social Security or with poor credit histories.
• Rejecting applicants who cannot provide paystubs or W2 forms.
• Refusing to process, or unreasonably delaying, a person’s application only because they intend to use a Housing Choice Voucher or have been evicted.
• Refusing to rent to someone because they are employed seasonally or part-time or rely on child support.
• Falsely telling an applicant that a property is not available because the landlord wants to rent to another person with a different source of income or criminal history.
• Charging higher fees or requiring different terms and conditions because a person has prior evictions or receives income from non-employment sources.

Tenants

I think I was discriminated against in housing for a reason other than my source of income, can I still file a complaint with CREO?

Due to limited resources, if you believe you were discriminated against in housing for a reason that is covered by Federal law, you should file a complaint with the Department of Housing and Urban Development. Discrimination because of source of income is not covered by Federal law; but discrimination because of race, color, national origin, religion, sex (including gender identity and sexual orientation), familial status, and disability is.

Can housing providers deny me because I do not earn enough income?

Yes. The Municipal Code does not prohibit housing providers from requiring proof that tenants have enough income to pay the rent. However, the income standard must be reasonable. Housing providers may not use an income standard that has the effect of excluding persons who are receiving housing subsidies.

Can housing providers run my credit, eviction, or criminal background checks?

Yes. Chapter 38 does not prohibit a housing provider from checking your history if the same standards are equally applied to all tenants regardless of their protected characteristics and the information obtained is not the sole reason for the denial of your application.

I believe I have experienced discrimination and plan to file a complaint with CREO. What can I do to prepare to report an incident of discrimination and support the investigation?

• When searching for housing, keep detailed notes of your interactions.
• Take photos or screenshots of advertisements immediately.
• Save all your text messages and e-mails in a safe place (not just on your phone).
• Take note of how other tenants or prospective tenants in similar situations are treated.

Landlords

Do all landlords have to follow these rules?

Only properties located within the municipality of Kansas City, Missouri are required to follow municipal law. There are exemptions for properties owned by religious organizations and with four or fewer units, if the owner actually resides on the property.

What are the consequences if a housing provider unlawfully discriminates based on source of income?

A Kansas City housing provider that is found liable for discriminating may be required to: cease-and-desist discriminatory actions, pay fines and penalties, be subjected to systemic investigations of all properties they own, and be referred to the Human Rights Commission for public hearing or for possible prosecution in municipal court for additional fines and/or imprisonment of not more than 180 days. Repeat offenders may have their rental permits placed on Special Probationary Status with the Director of Health.

What are some best practices housing providers can follow to avoid unlawfully discriminating against an applicant based on their source of income and other protected characteristics?

• 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.
• Know the minimum quality standards for Housing Choice Voucher housing.

Can housing providers deny applicants because they do not earn enough income?

Yes. The Municipal Code does not prohibit housing providers from requiring proof that tenants have enough income to pay the rent. However, the income standard must be reasonable. Housing providers may not use an income standard that has the effect of excluding persons receiving housing subsidies.

Can housing providers run credit, eviction, or criminal background checks?

Yes. Chapter 38 does not prohibit a housing provider from checking a tenant’s history if the same standards are equally applied to all tenants regardless of their protected characteristics and the information obtained is not the sole reason for the denial of an application.