Post updated at 3:30 p.m. Friday, May 16:
Kansas Court of Appeals judges have upheld the City of Lawrence’s ordinance intended to ensure voucher recipients can secure housing, finding that “State and local governments have a legitimate interest in protecting the affordability and quality of housing.”
The Lawrence City Commission in February 2023 approved an ordinance change that creates a protected class based on renters’ source of income, as well as their status as a survivor of domestic violence, sexual assault, human trafficking or stalking. It also disallows discrimination based on prospective tenants’ immigration status. The ordinance went into effect June 1, 2023.
The Landlords of Lawrence — an association of 30-plus local landlords — filed a lawsuit against the city, arguing the language of the ordinance is unconstitutionally vague and that it infringes on their discretion as businesspeople.
But Douglas County District Judge Mark Simpson ruled in May 2024 that the ordinance could stand, ruling that the “prohibited conduct is simple and clear: a landlord shall not consider the source of a prospective tenant’s rent payments in determining whether to rent to that person.”
The landlords appealed, and last month, Kansas Court of Appeals Judges Rachel Pickering, David E. Bruns and Kim R. Schroeder heard oral arguments in the case. Adam Hall, of Thompson-Hall P.A., argued on behalf of the landlords, and Michelle Stewart, of Hinkle Law Firm, argued the case for the city.
Stewart said the ordinance doesn’t bar landlords from denying prospective tenants for other reasons, but it does bar them from denying housing based solely on someone’s source of income, just as discrimination based on race, ethnicity or gender would be a violation. It doesn’t mandate participation in voucher programs, she said.
“In light of the strong presumption in favor of constitutionality, we do not find the amendments to Chapter 10 of the City Code to be unconstitutional on their face,” the judges’ opinion states. “We also find that the amendments are not preempted based on the current status of federal law.”
The Lawrence city attorney’s office said in an emailed statement Friday afternoon that “We are pleased with the decision and will continue to enforce the City’s anti-discrimination ordinance.”
However, the judges wrote that the ordinance could be applied in an unconstitutional manner as the landlords contended, and “As such, it is incumbent upon the City of Lawrence to ensure that Chapter 10 of the City Code is constitutionally applied.”
They also wrote that it’s possible federal law on immigration may change in the future, and “it may be necessary to revisit the issue of federal preemption.”
The landlords were concerned that their property or records may be subject to inspections by government agencies. The judges wrote that the landlords had not demonstrated an imminent loss based on a violation of their Fourth Amendment rights, as they had asserted. But “should unlawful searches be attempted or conducted in the future, the affected landlords can assert their rights under the Fourth Amendment at the appropriate time.”
However, the Lawrence City Commission on Tuesday will consider approving a resolution that could indefinitely suspend the city’s enforcement of the source of income discrimination ordinance as well as numerous other equal rights ordinances.
City staff members are asking the commission to pass the resolution in order to maintain federal funding. Read more about that and find meeting details at this link.
Here’s the complete Court of Appeals opinion:
20250515-Source-of-Income-opinoinThe Landlords of Lawrence have the option to appeal the ruling to the Kansas Supreme Court.
Hall did not immediately respond to an email seeking comment for this article.
Read more about the source of income ordinance in the articles linked below.
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Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark@lawrencekstimes.com. Read more of her work for the Times here. Check out her staff bio here.
More coverage:
Molly Adams / Lawrence TimesState court upholds Lawrence’s ordinance to protect against housing voucher discrimination
Molly Adams / Lawrence Times
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Maya Hodison/Lawrence Times
