Statement from the ACLU of Missouri on Florissant City Council Bill No. 9226:
It is deeply troubling that the Florissant City Council is considering strengthening a nuisance law that incentivizes landlords to evict crime victims, undermines law enforcement and public safety, is discriminatory and may wrongfully exclude refugees and other immigrants. Similar nuisance laws that have passed have had a negative effect on their communities.
- Victims of crime might hesitate to seek help from law enforcement if they know that that officers must notify their landlord of alleged nuisance conduct and this could lead to an eviction.
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This bill would likely embolden abusers, present a financial burden to domestic violence victims through fines and present another legal burden to victims.
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The bill is also discriminatory and may wrongfully exclude refugees and immigrants. These proposed requirements for evicting a tenant will likely result in more tenants of color being evicted. The bill also requires that homeowners must send “a copy of a Federal or State issued identification of the owner of record of such residential property” prior to permitting any occupancy.
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The bill lacks necessary due process protections because landlords should be given discretion to best determine who is able to become a tenant. Encouraging landlords to perform blanket background checks will likely have a discriminatory impact on communities of color that are arrested, convicted and incarcerated at rates disproportionate to their share of the general population.
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This bill is problematic because it punishes landlords for nuisances. Currently, rental property owners have the right to evict their tenant if the tenant is engaging in illegal use of the premises according to MO Statute 441.020.
The ACLU of Missouri urges the Council to reject bill No. 9226. The ACLU will be monitoring the council's vote and any enforcement of the provisions if the bill passes.