Kansas City’s Second Chance Revolution – The Criminal as a Protected Class

Kansas City Ordinance 241074—adopted on January 16, 2025—is often described as a “second chance” law. It amends sections of Chapter 2 (Administration) and Chapter 38 (Civil Rights) of the city’s Code of Ordinances to include persons with criminal histories as a protected class. This means that, in addition to protections based on race, gender, religion, and other factors, individuals with criminal records now have legal safeguards against discrimination in employment, housing, and other areas under the city’s ordinances. The measure, sponsored by Councilmember Melissa Robinson and supported by a 9‑3 vote, is intended to help combat the long-term impacts of incarceration by reducing the stigma and barriers that follow a criminal record.

Below are the key provisions of Ordinance 241074 that affect housing:

1. Expanded Protected Class:

The ordinance amends the city’s Code of Ordinances to add individuals with criminal histories to the list of protected classes. This means that, in housing matters, a person cannot be treated differently—or be denied housing—solely because of their criminal record.

2. Prohibition on Housing Discrimination:

Under the amended provisions, landlords and housing providers must not base decisions (such as denying a rental application, imposing different terms, or evicting) solely on an applicant’s criminal history. Any housing decision must consider all available information rather than using a criminal record as a blanket disqualifier.

3. Holistic Evaluation Requirement:

When assessing a rental application, housing providers are now expected to evaluate factors like:

The nature and severity of any past convictions,
The recency of the criminal conduct, and
The relevance of the conviction(s) to the tenancy or housing situation.

This approach is intended to ensure that housing decisions are made fairly and that individuals are not automatically penalized for past convictions that may have little bearing on their ability to maintain a tenancy.

How to Screen and stay compliant

Here are some tips for landlords looking to screen applicants based on criminal background while staying compliant with fair housing and “second chance” laws:

Establish a Consistent Screening Process:

Use the same screening criteria for all applicants. A uniform process helps ensure you’re applying the rules fairly and reduces the risk of discrimination claims.

Evaluate Criminal History on a Case-by-Case Basis:

Instead of automatically rejecting an applicant with a criminal record, consider:

Severity and Nature: How serious was the offense, and was it violent or non-violent?
Recency: How long ago did the offense occur?
Relevance: Does the conviction relate directly to the responsibilities of tenancy?
Rehabilitation Evidence: Has the applicant demonstrated efforts to rehabilitate or improve their situation?

We recommend you using criteria similar to Anderson & Associates’ Sample Screening Criteria located at https://mokslaw.com/forms/ under the “Additional Information” column.

Use Reputable Screening Service:

Partner with a background screening company that complies with the Fair Credit Reporting Act (FCRA) local and federal laws. This helps ensure that the information you receive is accurate and up to date.

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Document Your Decision-Making Process:

Keep detailed records of the screening process, including the criteria used and the reasons for any adverse decisions. Documentation can be crucial if an applicant challenges your decision.

Train Your Staff:

Make sure all team members involved in the screening process are aware of the legal guidelines and understand how to assess criminal records fairly.

Consider a Holistic Approach:

Look at the full picture by also considering factors such as rental history, creditworthiness, employment stability, and personal references. This balanced approach can help offset concerns about criminal history.

Stay Updated on Local Ordinances:

Anderson & Associates posts blogs on laws like Kansas City Ordinance 241074 and will continue to provide additional guidance on how criminal history should be treated. Regularly review any changes at https://mokslaw.com/blog/ to ensure ongoing compliance.

Note: While these tips can guide you in developing a fair and legal screening process, they are not a substitute for legal advice. For advice tailored to your specific situation, please contact Anderson & Associates at julie@mokslaw.com or call 816-931-2207.