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Senate committee advances bill barring local rules that would force landlords to accept housing vouchers
Summary
Lawmakers debated and then passed out Senate Bill 391, which would preempt local ordinances that regulate landlords' screening and leasing decisions — including rules tied to housing choice vouchers — and would nullify inconsistent local laws. Two Francisco amendments (an exemption for cities with rental licensing programs and a 10% cap) failed on voice votes.
The Senate Committee on Federal and State Affairs voted to advance Senate Bill 391 to the floor after lengthy debate over local control, housing policy and constitutional home‑rule concerns.
Jason described the bill as a statewide prohibition on local ordinances and resolutions that would regulate landlord activities in ways that limit screening or leasing methods — including restrictions on refusing to lease to tenants who use housing choice vouchers, methods of income qualification, credit checks, eviction or criminal history, limits on security deposits and rights of first refusal. Jason said the bill would nullify local laws that conflict with those provisions.
Senator Francisco offered an amendment to exempt cities or counties that have adopted rental licensing programs that include inspections. She said Lawrence has 207 housing choice vouchers and argued the amendment would allow communities with particular rental‑stock problems to continue using targeted local tools. Jason and others warned an open‑ended exception could create a nonuniform application of the law and raise home‑rule constitutional questions.
Senator Thomas said he believed the amendment would "make the entire bill irrelevant" because a nonuniform exemption could be challenged under home‑rule principles. After debate, Francisco moved the amendment; it was seconded and failed on a voice vote.
Francisco then proposed another amendment that would prevent cities or counties from requiring landlords to lease more than 10% of a landlord's property under such a program. Senators debated whether the cap might effectively force landlords to accept vouchers and whether it would address local housing pressures; that amendment also failed on a voice vote.
On the underlying bill, Senator Blue moved and Senator Thomas seconded that the committee pass SB 391 favorably. Senators divided along lines of balancing local control and protecting landlords from being required to participate in federal programs; on a voice vote the ayes prevailed and the committee advanced SB 391 to the floor.
The committee record shows proponents and opponents testified in earlier hearings; this session focused on the amendments and constitutional uniformity questions.
