Lexington committee passes ban on housing voucher discrimination despite pending bills
A controversial proposal prohibiting landlords from discriminating against people who use housing vouchers and other forms of payment for rent passed a key Lexington council committee Tuesday.
The Lexington-Fayette Urban County Council Social Services and General Government Committee voted 7-3 to pass the ordinance that prohibits landlords from discriminating against people who use other income, including vouchers, when considering prospective tenants.
The Lexington-Fayette Human Rights Commission would investigate any complaints of violations of the ordinance. That can range from a cease and desist order to monetary fines.
Councilman David Sevigny said Tuesday they made a variety of changes to the ordinance since the council first started discussing the source of income ban. The ordinance also says it will not conflict with any state or federal laws.
The ordinance is expected to be reported to the full council on January 30. If it passes, it would take effect March 1.
The council has been working on the ordinance for months. Kentucky Tenants, a tenant advocacy group, has pushed for the passage of the source of income ban since 2022.
Roughly half of Fayette County residents — approximately 46% — are renters, according to U.S. Census statistics.
Tuesday’s vote comes as the Republican-controlled General Assembly is poised to vote on bills prohibiting local governments from enacting housing policies that force landlords to take Housing Choice vouchers, which were previously known as Section 8 vouchers.
The Kentucky House on Tuesday voted 74-20 to approve House Bill 18, which would prohibit local governments from enacting legislation that would force landlords to take federal housing vouchers. H.B. 18 now moves to the Senate for approval. On Wednesday, The senate passed Senate Bill 25, which is similar to H.B. 18, 30-6. That bill now goes to the House.
Some council members mentioned the General Assembly’s push to restrict local governments source of income bans during Tuesday’s debate.
A motion to delay voting on the Lexington ordinance until March deadlocked at 5-5. That means the motion failed.
Councilman Chuck Ellinger proposed delaying the committee vote until it’s March meeting due to the pending bills.
But several council members pushed back against delay, saying the council has already delayed voting on the issue in order to get public comment.
“Do your job,” said Councilwoman Denise Gray. “We have young people who don’t have a home. I refuse to wait and you should, too.”
Councilwoman Shayla Lynch, a co-sponsor of the legislation, said people who have federal housing vouchers are largely Black, data shows.
“It’s people who look like me,” Lynch said of voucher holders. “Justice delayed is justice denied.”
Councilwoman Whitney Elliott Baxter, who is also a real estate agent, said she felt the council should wait until the legislature decides the issue.
Those who voted to delay the vote include Elliott Baxter, Ellinger, Fred Brown, Brenda Monarrez, Kathy Plomin and Fred Brown. Those who opposed delaying the vote include James Brown, Jennifer Reynolds, Tayna Folge, Sevigny and Gray. Lynch is not a member of the committee and can’t vote.
Council members who voted against the source of income ordinance were Elliott Baxter, Ellinger and Fred Brown. Council members who voted in favor of the ordinance include: Sevigny, Gray, Reynolds, James Brown, Fogle, Plomin, Monarrez.
Pros, cons about source of income discrimination
Proponents of the source of income ban say it doesn’t force landlords to take housing vouchers. The ordinance prohibits landlords from discriminating against renters with vouchers or other forms of payment, including other types of vouchers or alimony or child support.
Currently landlords can advertise they don’t take federal housing vouchers.
Landlords have argued they would be forced to be part of the federal Housing Choice voucher program. That program can be expensive, arbitrary and difficult for landlords to navigate, they argue. The Lexington-Fayette County Housing Authority, which oversees Housing Choice vouchers, has said it has made improvements to the inspection process and other parts of the program.
Backers of the local ordinance say people with federal housing vouchers can’t find landlords that will take them. Many social service providers have told the council there is currently a backlog in the city’s homeless shelter system because too few landlords will take vouchers, including those with mental illness or teens and young adults.
Lynch and Sevigny testified before House and Senate committees in the past week urging the House and Senate not to pass bills prohibiting source of income bans.
This story was originally published January 23, 2024 at 3:51 PM.
