COMMITTEE
SUBSTITUTE FOR RESOLUTION NO. 190934
Establishing a Tenants Bill of
Rights in the City of Kansas City, Missouri.
WHEREAS, the
nation’s housing crisis has reached emergency levels, in that, in 2019, a
fulltime worker earning minimum wage cannot afford a two-bedroom apartment in
any U.S. county, more than half of all Americans spend over 30 percent of their
income on housing, only one in five households qualifying for federal housing
assistance receives it, leaving more people to rent from private landlords than
ever before and under these conditions, most people—especially low-income
people and communities of color—live one emergency away from an eviction or
homelessness; and
WHEREAS, like
many other American cities, Kansas City is haunted by a history of racial
segregation, restrictive covenants, redlining, predatory lending, and
disinvestment; and
WHEREAS, 46 percent
of Kansas City residents rent their homes, a historically high rate, with 44%
of the City’s renting households being “cost burdened,” meaning, spending over
30 percent of their income on rent, such that tenants earning minimum wage
would have to work over 92 hours a week to afford an average two-bedroom
apartment; and
WHEREAS, on
average, approximately 34 formal evictions were filed per business day in
Jackson County, Missouri in 2018, and those evictions were filed on the basis
of nonpayment of rent, a reflection of growing strains in the rental market;
and
WHEREAS, tenants
in Kansas City, as in many other communities, face discrimination in the rental
market on the basis of race, gender, sexuality, mental and physical ability,
immigration status, country of origin, and much more, and these factors limit
tenants’ ability to access and keep safe and truly affordable housing; and
WHEREAS, the
intersecting and sometimes competing costs of housing and health force an undue
burden on our City’s poorest and most vulnerable tenants; and
WHEREAS, tenants
who experience eviction, exhibit higher rates of depression, anxiety,
psychological distress, and physical health problems than others; and
WHEREAS, mold,
lack of heat, inadequate ventilation, infestations, and lead are just some
threats to tenants’ health in substandard housing, often exacerbating chronic
illnesses such as asthma and lung disease; and
WHEREAS, the
City Council believes that every person should have safe, accessible,
affordable home, and affirms, in partnership with grassroots tenant leadership
and housing providers, its active commitment to tenant and housing provider
rights now and in the future; NOW, THEREFORE,
BE IT RESOLVED
BY THE COUNCIL OF KANSAS CITY:
Section 1. The
Council hereby establishes the Tenants Bill of Rights to read as follows:
I. RIGHT TO SAFE AND ACCESSIBLE
HOUSING
All residential rental property
units must meet minimum health and safety standards of basic utilities and
facilities, ventilation and heating, safety from fire, and safe and sanitary
maintenance. (Section 34-830)
1. Rental property units must also maintain working
amenities including but not limited to water heating facilities, heating
facilities, water and sewer lines, plumbing and electrical fixtures, lighted
common halls and stairways, and, if provided, cooking equipment.
(Sections
56-186; 56-188; 56-189; 56-233; & 56-252)
2.
It is illegal to discriminate against any person on the basis of
disability. For accessibility, reasonable modifications of premises must be
allowed, as well as accommodations in rules, policies, practices, or services.
Design and construction of covered multifamily dwellings for first occupancy
must be accessible to and usable by disabled persons.
(Section 38-105(d))
II . FREEDOM FROM DISCRIMINATION
AND RETALIATION
1.
Federal and municipal law prohibits discrimination in rental of housing
because of race, color, national origin, religion, sex, familial status,
disability, marital status, sexual orientation, gender identity, being a victim
of domestic violence, sexual assault or stalking.
(Federal Fair
Housing Act) (Section 38-105)
2.
No person can retaliate against a tenant for complaining regarding a
violation of City Code. A person also cannot retaliate against a tenant or
their dependent for being the victim of domestic violence, sexual assault, or
stalking. Increasing charges, reducing services, passing any rental permit fees
from the owner to the tenant, evicting or threatening to evict the tenant, or
otherwise harassing the tenant in retaliation is prohibited.
(Sections
50-109; 48-51(g)(1); 34-848(c); & 38-111)
III. RIGHT TO FAIR COMPENSATION
AND RESTORATIVE JUSTICE
1.
No person can enter another person’s residence by force, with weapons, through
threats, by taking away property, or by breaking open doors or windows,
regardless of if anyone is inside or not. A landlord cannot evict or remove
someone from the premises by force or threat. Those found guilty of doing so
must pay double the sum of the damages to the person whose home they entered.
(Sections
534.020 & 534.330, RSMo.)
2.
If a landlord wrongfully withholds all or any portion of a security
deposit, the tenant may recover twice the amount wrongfully withheld.
(Section
535.300, RSMo.)
IV. RIGHT TO ORGANIZE AND BARGAIN
1.
A landlord or its agent may not retaliate by increasing rent or
decreasing services, threatening to evict or evicting the tenant because the
tenant has organized or become a member of a tenants' union or similar
organization.
(Section 50-109)
2.
If there is a condition in a property that detrimentally affects its
habitability, sanitation, or security, violates a municipal housing or building
code, and was not caused by the tenant, the tenant may be able to deduct repair
costs from their rent. If the tenant has lived in the rental property for six
consecutive months, paid all rent and charges without any lease or house rule
violations, and the landlord fails to correct or provide a written statement
disputing the necessity of the repair within fourteen days, the tenant may
submit an itemized statement with receipts to the landlord and repair the
condition. The cost of this repair can be deducted from no more than a month’s
rent, but up to either three-hundred dollars or half the rent, whichever is
more.
(Section 441.234
RSMo.)
Section 2. The
Council supports the creation of legislation on the federal, state and local
level that is necessary to establish the following rights:
I. RIGHT TO SAFE, HEALTHY,
ACCESSIBLE, AND TRULY AFFORDABLE HOUSING
1.
Safe, healthy, accessible, and truly affordable housing includes
mandatory disclosure from the landlord of past issues in rental units to
prospective Tenants.
2.
Tenants have the right to access estimates of utility costs. Tenants
have the right to disclosure of an estimate of common space utilities charged
to the tenant.
3.
Tenants have the right to housing that can be heated to a habitable
temperature.
4.
Tenants have the right to relocation assistance from the City in the
event of a forced move, like a displacement on the basis of uninhabitable
conditions.
II. RIGHT TO PRIVACY AND
SELF-DETERMINATION
1.
The right to privacy and self-determination includes protecting the
personal security of tenants, including the right to notice for landlord entry.
Landlords may be refused entry to rental units if they do not give proper
notice.
2. Tenants
have the right to respectful communication with their landlord, and these
communications must be transparent, timely, and from the property owner or
manager.
III. RIGHT TO JUSTICE AND ACCESS
TO FAIR, EQUITABLE TREATMENT UNDER THE LAW
1.
The right to justice and access to fair, equitable treatment under the
law means fair treatment regardless of ability to pay.
2.
Tenants have freedom from unjust and unlawful evictions, and landlords
may only evict according to state law.
3.
Tenants have the freedom to accessible knowledge and education of their
rights as renters. A Tenant Bill of Rights document must be available to
tenants at the start of tenancy.
Section 3. To
fully guarantee these rights and protections, the Mayor and City Council commit
to passing legislation to establish an adequately-funded Division of housing
and community development in Kansas City. This Division will serve as a
permanent voice for residents within the City, and place leadership closer to
communities in the City.
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