February 22, 2025
The legal battle over Kansas City’s mandatory Section 8 acceptance ordinance continues, with Jones & Vogel v. City of Kansas City, Missouri (Case No. 4:24-cv-00649-RK) now moving forward to the next phase of litigation. After securing a preliminary injunction on February 11, 2025, plaintiffs Kennedy F. Jones and Stephen J. Vogel have successfully halted enforcement of the city’s ordinance that required landlords to accept Housing Choice Vouchers (Section 8) as a condition of renting their properties.
Now, the case heads into formal scheduling and pre-trial proceedings, which will determine the timeline for discovery, motion filings, and potential trial dates.
Background: The Legal Challenge Against Kansas City’s Ordinance
Kansas City passed Ordinance No. 231019, which amended its housing discrimination laws to prohibit landlords from rejecting tenants based on their source of income, including Section 8 vouchers. The plaintiffs, who are private landlords, challenged the ordinance on two constitutional grounds:
- Fourth Amendment Violation – They argued that being required to accept Section 8 tenants forced them into mandatory government inspections and compliance requirements, effectively coercing them into waiving their Fourth Amendment rights against unreasonable searches and seizures.
- Supremacy Clause Violation – Under federal law, landlord participation in Section 8 is voluntary, and the plaintiffs claimed the city’s ordinance conflicted with federal housing statutes, rendering it unconstitutional.
Judge Roseann A. Ketchmark agreed with these arguments, issuing a preliminary injunction that prevents the city from enforcing the ordinance while the case is litigated.
Upcoming Case Scheduling: What to Expect Next
With the preliminary injunction granted, the case now moves into the pretrial phase, which includes the following key steps:
Case Scheduling Conference
A case scheduling conference will be held soon, during which both parties will discuss:
- Deadlines for discovery (exchange of evidence, documents, and depositions).
- Motion filing deadlines (such as summary judgment motions).
- Pretrial hearings and trial scheduling. The court will issue a scheduling order outlining these deadlines.
Discovery Phase
During discovery, both parties will exchange:
- Documents related to the ordinance and its enforcement.
- Deposition testimony from city officials, landlords, and housing experts.
- Expert reports on the legal and economic impact of forced Section 8 participation.
This phase is critical because it allows each side to gather evidence to support their claims before trial.
Summary Judgment Motions
Either side may file a motion for summary judgment, arguing that no trial is necessary because the facts are undisputed, and the law is in their favor.
- If granted, the case could be resolved without trial.
- If denied, the case would proceed to trial.
Potential Appeal by Kansas City
Kansas City may decide to appeal the preliminary injunction ruling to the Eighth Circuit Court of Appeals. If the appellate court overturns the injunction, the city could begin enforcing the ordinance again while the case proceeds.
Trial or Settlement
If no summary judgment is granted, the case will go to trial for a final decision on the constitutionality of the ordinance. However, before trial, the city and the landlords could reach a settlement to modify the ordinance in a way that avoids further litigation.
Implications of This Case
The outcome of Jones & Vogel v. City of Kansas City, Missouri could have nationwide implications for landlord rights and housing policy. If the plaintiffs prevail, it may set a legal precedent that challenges similar source-of-income discrimination laws in other cities.
- For landlords: The ruling could reinforce their right to choose whether to participate in Section 8 without being compelled by local ordinances.
- For cities: It may force municipalities to reconsider how they structure housing discrimination laws to comply with federal legal standards.
Conclusion: What’s Next?
The next major development in this case will be the case scheduling conference, which will set the timeline for discovery, motion practice, and trial. Additionally, Kansas City’s potential appeal could impact whether the injunction remains in place.
With high stakes for landlords, tenants, and city policymakers, this case will continue to be closely watched as it moves through the courts.
For landlords and property owners seeking guidance on how this ruling may impact their rental policies, or for legal representation in housing disputes, contact our firm today at (816)931-2207 or julie@mokslaw.com for legal assistance.
Stay Updated on Jones & Vogel v. Kansas City
We will continue to monitor this case and provide updates on new rulings, filings, and legal implications. Periodically review our blog or schedule a consultation with our legal team for personalized advice on landlord-tenant law and regulatory compliance.