Source of Income Discrimination (Ordinance 9960)

Ordinance No. 9960 amends Chapter 10 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.

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.

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.

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.

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

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.

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.

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.

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.

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.org.

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 www.ldcha.org.