Lexington’s housing discrimination ban is likely dead after KY lawmakers pass bill

The Kentucky General Assembly gave final passage Tuesday to a bill that would stop a controversial Lexington housing ordinance from taking effect.

The Republican-controlled House voted 75-20 to give final passage to House Bill 18, which prohibits local governments from enacting ordinances that bans landlords from discriminating against renters who use federal housing vouchers or other forms of payment.

After months of debate and multiple meetings, the Lexington-Fayette Urban County Council voted 13-2 earlier this month to pass such an ordinance, called a source of income ban. The Lexington ban was set to take effect March 1.

House Bill 18, which has already passed the state Senate, now heads to Democratic Gov. Andy Beshear’s desk for his signature. However, even if Beshear vetoes the bill, the GOP-controlled House and Senate have enough votes to overturn a veto.

The bill has an emergency clause meaning it will likely become state law prior to March 1.

Louisville, which passed a source of income ban in 2020, also will not be able to enforce its local ordinance once HB 18 becomes law.

Debate around source of income bans

Backers of Lexington’s source of income ban say too many people are waiting in homeless shelters and on the streets because they have federal housing vouchers but can’t use them because too few landlords take them.

Others say federal housing data shows the majority of federal housing voucher users are Black, according to Lexington-Fayette Housing Authority data. Yet the majority of available rental properties that take federal housing vouchers are in Black and minority neighborhoods, further segregating Lexington neighborhoods.

Landlords have argued they do not want to participate in a federal housing voucher program. They have argued the program can be overly burdensome, causing delays in rent payments. But proponents say local source of income ordinances don’t make landlords take vouchers — it just says they must consider those that use federal vouchers or other types of income the same as people who use employment income to pay rent.

Landlords upset about Lexington’s ordinance approached Rep. Ryan Dotson, R-Winchester, and Sen. Stephen West, R-Paris, who both sponsored legislation stopping the local ordinance from taking effect. House Bill 18 combines Dotson and West’s bills.

The state law says landlords can’t be forced to take any form of federal housing vouchers, including those used by disabled and homeless veterans.

This story may be updated.

This story was originally published February 27, 2024 at 4:54 PM.

Beth Musgrave

Lexington Herald-Leader

Beth Musgrave has covered government and politics for the Herald-Leader for more than a decade. A graduate of Northwestern University, she has worked as a reporter in Kentucky, Indiana, Mississippi, Illinois and Washington D.C. Support my work with a digital subscription