Human Relations Ordinance

Source of Income Discrimination (Ordinance 9960)

New Anti-Discrimination Laws in Lawrence

What you need to know about Ordinance 9960
The Lawrence City Commission expanded protections against discrimination in housing on February 14, 2023, with the passage of Ordinance No. 9960. This ordinance prohibits discrimination in housing on the basis of a person’s source of income or immigration status, and provides protections to persons who are survivors of domestic violence, sexual assault, human trafficking, or stalking. The ordinance also prohibits discrimination based on immigration status in public accommodation. The law goes into effect on June 1, 2023.

What is source of income discrimination?

Source of income (SOI) discrimination is the practice of landlords, owners, and real estate brokers to refuse to rent to prospective tenants seeking to pay for housing costs with lawful income other than job wages, or because of the source of those wages.

How does SOI affect landlords?

Landlords will continue to have the ability to use regular tenant qualification processes and will not be mandated to accept every prospective tenant, even if they have a voucher. This ordinance provides equal opportunity for tenants to rent without discrimination.

How do I file a complaint?

File a Complaint

Ordinance No. 9960 was enacted in an effort to decrease barriers to housing once it goes into effect. These protections will improve positive outcomes for individuals and families at risk of or experiencing homelessness or housing stress.  Enforcement of these protections will fall under the current complaint process described in City Code Chapter 10(PDF, 484KB), Article 1, Section 108.

Examples of Source of Income

  • Housing Choice Vouchers (Section 8)
  • Social Security Disability Income (SSDI)
  • Supplemental Security Income (SSI)
  • U.S. Department of Housing and Urban Development-VA Supportive Housing (HUD-VASH)
  • Rent Relief Program Funds
  • Emergency rental assistance from nonprofit entities
  • And others

Examples of SOI Discrimination

  • A landlord stating “No Section 8” in a rental listing or ad
  • Charging higher rent to someone using a voucher
  • Property being listed as unavailable to someone using specific income types
  • A landlord attempting to coerce a tenant to not use a specific source of income

Landlords are required by law to treat all applicants the same regardless of what legal source of funds they use to pay rent. Landlords can still use screening requirements including reviewing credit and rental history, reviewing sufficiency of funds, and administering a background check, so long as all prospective tenants are treated in the same manner. Receiving financial assistance should not automatically disqualify someone from renting.

Immigration Status                                    

Immigration Status refers to how a person is present in the United States. This includes citizens, residents, non-immigrants and undocumented individuals.  There are various statuses which a person may have including, but not limited to, student visas, work visas, permanent residency, conditional residency, and other protected statuses.

The City of Lawrence prohibits discrimination based on:

  • race
  • sex
  • religion
  • color
  • national origin
  • age
  • ancestry
  • familial status
  • sexual orientation
  • disability
  • gender identity
  • source of income
  • immigration status

 

Frequently Asked Questions

How does Ordinance No. 9960 affect the City Code?

Ordinance No. 9960 amends Chapter 10(PDF, 484KB) of the City Code of Lawrence, Kansas. Chapter 10 prohibits discrimination to persons based on race, sex, religion, color, national origin, age, ancestry, familial status, sexual orientation, disability, or gender identity. With the passing of Ordinance No. 9960, a person is now protected from discrimination based on their source of income in housing.  A landlord cannot decline a tenant based only on the household receiving rental assistance.

Are landlords required to rent to someone who receives a supplemental source of income (Section 8, SSI, SSDI, HUD-VASH, etc.)?

Landlords are not required to rent to someone who receives a supplemental source of income, however, all applicants must be treated the same regardless of what legal source of funds are used to pay rent.  Landlords may still look at credit, reports, rental history, background checks and sufficiency of funds to select tenants.  Landlords may also require a safety deposit or application fee, as long it is the same for all potential tenants.

How would a violation of Chapter 10 be enforced?

Prior to reaching the court system, any alleged violation of Chapter 10 will go through a complaint process with the Human Relations Department. This will entail a series of meetings and conciliation meetings in an attempt to resolve the situation.  If a resolution is not found, and there is evidence to support a violation, the case may go to district court.

If a tenant using a voucher damages property, what is the process to recuperate the expenses? What assurances to landlords have that funds will always be available?

The process would be no different than what a landlord would use with someone not using vouchers or supplemental income.  Landlords can require deposits and should enforce their lease as they would any other tenant and follow necessary steps if a violation occurs.

Currently, the Lawrence Douglas County Housing Authority (LDCHA) does offer an incentive program to support landlords in housing various clientele. The funds are limited but can be used for potential damage mitigation. For more information on LDCHA’s current programs please contact the LDCHA landlord liaison for requirements of participation.

As a landlord, can I ask about a potential tenant’s source of income before the lease is signed?

There is no restriction on asking questions. If you are asking questions uniformly of all applicants, there is no violation.

Why and how was Ordinance No. 9960 proposed?

The Human Relations Commission proposed the amendment to Chapter 10, and the City Commission then requested a draft ordinance. The ordinance was adopted on February 14, 2023.

The Human Relations Commission discussed and researched housing issues within the City and determined that 50% of the City’s population are renters, and 80% of landlords do not accept vouchers. In constructing this ordinance, it was the goal of the Commission to alleviate housing stress and potential for homelessness within the City, and to make the process equal for all potential tenants.

Will landlords be allowed to determine the rent amount?

Landlords are free to set the rate of their rent at whatever they would like. This ordinance, and the Lawrence Douglas County Housing Authority, do not dictate rental amounts for landlords as that is prohibited by state law. On an annual basis, HUD provides a Federal Fair Market Rent that provides an average rental amount per bedroom. This rate is used to set local voucher payment standard at 110% of the fair market rent. The voucher payment standard is the maximum amount LDCHA will pay based on the number of bedrooms in a unit. Any overage must be paid by the tenant.

Are vouchers a consistent and secure source of rent?

The housing assistance payment (HAP), goes directly to landlords via ACH deposit. The assistance or subsidy amount is calculated on many factors of the household including current income and household size. Voucher recipients are strongly encouraged to find units that fit their rental affordability and household size.

Can landlords still increase rent annually for tenants with vouchers?

Landlords can increase the rent to whatever rate they would like. If that increase is determined to be reasonable, by examining comparable units in the area, the voucher amount can also increase up to the maximum amount allowed. In no case is a landlord prevented from increasing rent, but it could make the unit ineligible for voucher assistance if the increase is not reasonable.

Who can I contact with questions?

If you feel you have been the victim of housing based discrimination based on race, sex, religion, color, national origin, age, ancestry, familial status, sexual orientation, disability, gender identity, source of income, or immigration status, please contact the Human Relations Division of the City of Lawrence at 785-832-3310 or humanrelations@lawrenceks.gov.

For Housing Assistance Payment Contracts or incentive programs, please contact the Lawrence Douglas County Housing Authority at 785-842-8110 or visit their website at Ldcha.org.