[Lady Justice 40] - Lady Justice and the Landlords' Nightmare

by Robert Thornhill

  “How long have you owned the six-plex?”

  “Five years.”

  “During that five years, how many tenants have you evicted?”

  “Just one, the most recent. All my other tenants have been wonderful. Several of them have been with me from the beginning.”

  “How do you account for the success you enjoyed with your tenants up to this year?”

  “From the beginning, I wanted to fill my building with the best possible people. I submitted every applicant to a professional company who thoroughly checked their background. Previous landlords, employment, evidence of any previous evictions or criminal activity. My approach obviously worked. My tenants were great. They got along well and never missed a payment.”

  “Tell the court what happened with this latest tenant, the one you evicted.”

  “Several months ago, one of my tenants was transferred out of town. I advertised, and Henry Cosgrove responded and filled out an application. I submitted his application to the company I had always used. When I received their report, all that was on it was his current employment. I called the company and asked why the report wasn’t complete. They told me about the passage of this Tenant Bill of Rights. They said one of the provisions was that people with prior evictions and criminal records were now a protected class, just like race, religion and the other things. They said that a person applying for a rental cannot be turned down because of prior evictions or a criminal history. They told me that they don’t even check those things any more because they didn’t want to get crossways with this new ordinance.”

  “So what happened?”

  “Cosgrove’s employment checked out, so I rented the unit to him. He paid the first month’s rent and deposit, then never paid another dime. To make matters worse, his behavior frightened my other tenants. Loud music, parties, vulgar language, fights in the hall. Before I got him out, two of my good tenants moved, fearing for their lives.”

  “You filed for eviction. How long did it take to get Mr. Cosgrove out of your building?”

  “Three months, and when he left, the place was a total wreck.”

  Suzanne went to the plaintiff’s table and picked up a handful of photos. “Judge, may I approach the witness?”

  The judge nodded.

  “Mr. Wilcox, are these photos of Henry Cosgrove’s unit you took on the day you took the unit back?”

  Darrin looked through the photos. “Yes, this shows exactly how he destroyed the place.”

  “Thank you, Mr. Wilcox. Judge, the plaintiff would like to submit these photos as exhibit #1, and show them to the jury.”

  “So ordered.”

  As the jury passed the photos, it was impossible to miss the disgusted looks on their faces.

  Suzanne continued. “Mr. Wilcox, how has this episode with Henry Cosgrove impacted you financially?”

  “Lack of rent for starters. With Cosgrove not paying, and after two of my other tenants leaving because of him, I’m not receiving any income on half of my building. On top of that, so far, I have spent over three thousand dollars repairing the damage to Cosgrove’s unit and I’m not through yet.

  “For the first five years, everything was perfect. With the building full, I had about a thousand a month above expenses. I was able to put enough in savings to cover any unusual expenses like replacing a water heater.

  “But now, without half my rent and the expense of rehabbing Cosgrove’s unit, I’m in danger of losing my building.”

  “How so?”

  “My military pension barely covers my living expenses. I was counting on the building paying for itself until I got the mortgage paid off. Now with this, I don’t have enough income to make my monthly mortgage payment. The bank isn’t interested in my problems. All they’re interested in is getting their payment every month. I could lose my building and all the money I invested from my thirty years of military service.”

  Suzanne let the impact of that statement sink in, then asked the question the city had been dreading.

  “Mr. Wilcox, to what do you attribute your current state of misfortune?”

  “There’s no question about that!” he replied, indignantly. “It’s that damned Tenant Bill of Rights. Before its passage, I was able to successfully manage my building and choose the best qualified tenants. That Bill of Rights has taken away my rights as a landlord and ruined me financially!”

  You could hear a pin drop in the courtroom.

  Finally, after a pregnant pause, Suzanne said, “Thank you, Mr. Wilcox. Your Honor, the plaintiff rests.”

  The judge turned to Willard Krantz. “Cross examine, Mr. Krantz?”

  Krantz sat there for a bit, then rose from his chair. “Yes, Your Honor. Mr. Wilcox, I believe you testified that your only other source of income is your military pension. Is that correct?”

  Darrin nodded. “Yes, that’s correct.”

  “You also testified that you bought the apartment building to supplement your income. If that’s correct, would you be willing to say that being a landlord is your business?”

  “I suppose you could look at it that way.”

  “Thank you, Mr. Wilcox. No further questions of this witness.”

  “Very well,” the judge said. “Mr. Krantz, is the defense ready to proceed?”

  “Yes, we are.”

  “You may call your first witness.”

  “The defense calls Margo Billings.”

  “Ms. Billings,” Krantz began, “you have heard the plaintiff testify about how he has managed his building in the past, submitting his applicants to a company who does in-depth background checks including evictions. He testified that, based on their reports, he has never rented to a tenant with an eviction on their record. Has this management style impacted your life?”

  “Yes, Mr. Krantz, it sure has. A while back, I was evicted from my apartment.”

  “Were you not paying your rent?”

  “Well, yes and no. I always paid. I was late a few times, but I always came up with it somehow. Then the roof on my building started leaking. My apartment was on the top floor, so the rain came right in my place. I called the landlord. He said he’d get it fixed but never did.

  “Then, after, a couple of rains, the plaster fell off my ceiling. I called him again, but nothin’ got fixed. Finally, I got tired of waiting, so I told him I wasn’t paying no rent until he fixed it. The next thing I know there’s a summons plastered on my door sayin’ I was being evicted.”

  “Were you aware that Missouri statues allow a tenant to withhold rent if a landlord refuses to make essential repairs?”

  “I didn’t know it then, but I do now. When I showed up in court, the landlord had a lawyer and I was all by myself. I told my side, but it didn’t matter. I got evicted.”

  There was a restless murmur in the courtroom.

  The judge banged his gavel. “Quiet!” When things settled down, the judge turned to Krantz. “You may proceed.”

  “Ms. Billings, once you were evicted, what happened?”

  “I tried to rent another place, but no one would have me because I’d been evicted. I had to stay in a cheap motel. It took every penny I earned to keep from being homeless.”

  “Are you still staying in a motel. “

  “No, I’m not.”

  “What changed?”

  “After the Tenant Bill of Rights was passed, they couldn’t keep me out because I was evicted. If it wasn’t for that, I’d still be on the street!”

  “Amen!” Someone shouted.

  The judge banged his gavel. “Bailiff! Remove that man from my courtroom.”

  When order was restored, the judge turned to Krantz, “You may proceed.”

  “I have nothing further for this witness.”

  “Ms. Romero, cross?”

  Suzanne rose. “Ms. Billings, I’m so sorry you had to go through all of that. I myself have no tolerance for landlords who won’t maintain their property. You testified that prior to your eviction, you didn’t know t
hat you could lawfully withhold rent when a landlord won’t make essential repairs. Is that correct?”

  “That’s right. I wish I had known. Things would have been a lot different.”

  “Then it seems to me that what happened to you wasn’t actually the fact that landlords are reluctant to rent to people with a history of evictions, but rather the fact that you were unaware of your rights that already existed before the Tenant Bill of Rights was enacted into law. Had you known your rights and avoided eviction you would never have been in that unfortunate situation. Isn’t that right?”

  “Yeah, I guess so, but ---!”

  “Nothing further for this witness.”

  “Mr. Krantz, you may call your next witness.”

  “The defense calls Gloria Bates.”

  “Ms. Bates, you have an eviction on your record, don’t you?”

  Gloria ducked her head. “Yeah, I do.”

  “Tell the court what happened.”

  “I got lots of medical problems, emphysema, arthritis and diabetes. A couple of months, I was short on cash. It was either take care of my medical bills or pay the rent. I paid the medical bills and got evicted.”

  I listened with interest. During my twenty years as a landlord, I had heard every excuse in the book for not paying rent. My favorite was, “My brother got arrested for a DUI. I had to use the rent money to pay his bail.” So actually, it was me paying the bail for my tenant’s scumbag brother.

  “What happened after your eviction?”

  “The same thing that happened to the other woman. No one would rent to me with that eviction on my record. Then, after the Bill of Rights was passed, I got me a place.”

  “No further questions.”

  “Ms. Romero?”

  “Yes, Your Honor. Ms. Bates, as I understand it, you elected to pay your medical bills instead of your landlord. Is that correct?”

  “Yes, Ma’am.”

  “So the wealthy physician was paid. The pharmaceutical corporation was paid, but the man who provides the roof over your head was not?”

  “But I was hurtin’! I needed my meds!”

  “Ms. Bates, are you aware that there are eleven clinics in Kansas City that provide free and income-based services to the community --- to people just like you who are short of funds?”

  Her eyes grew wide. “No! Really?”

  “Yes, and had you known about them, you could have paid your rent and still received the medical care you needed. You could have avoided the eviction that put you on the street. That was all available to you before the passage of the Tenant Bill of Rights. No further questions.”

  “Mr. Krantz, call you next witness.”

  “The defense calls Florence Gunn.”

  “Ms. Gunn, you have a criminal record, do you not?”

  “Yes, I do.”

  “How did that come about?”

  “I was out of money and my two kids were hungry. I took some food from a supermarket. It was my second offense so I spent six months in jail. They put my kids in foster care. When I got out, I couldn’t find a place to rent because of my record. Without a place to rent, I couldn’t get my kids back.”

  “So what changed?”

  “After the Tenant Bill of Rights, I got me a place. They couldn’t deny me because of my record.”

  “Thank you, Ms. Gunn.”

  “Ms. Romero, cross?”

  “Ms. Gunn, I’m so sorry. I can’t imagine what it would be like to not be able to feed your children. Now that you’ve found a place to live, what’s changed?”

  “I don’t understand your question.”

  “Prior to you going to jail, you didn’t have enough money for groceries. Do you now? If so, what’s changed?”

  “Well, nothing, I guess.”

  “Ms. Gunn, when I saw your name on the witness list, I did some checking. I called your new landlord. He said you’re already behind on your rent. Is that true?”

  “Yes, it is, but I’m looking for work.”

  “I certainly hope you find it, both for your sake and your landlord’s as well. No further questions.”

  Krantz called two more witnesses with essentially the same story. They were people who were down on their luck and who had been helped by the Tenant Bill of Rights.

  While their stories brought tears to many eyes in the gallery, they did little to defend the new legislation.

  After the last witness had testified and the defense rested, the judge said, “Tomorrow morning, we will commence with closing statements. Court is adjourned.”

  As we were leaving, someone tapped me on the shoulder. It was Clark Kent. It seemed like ages ago, but it was Clark who had brought Darrin Wilcox to me in the first place.

  “Hi, Clark. Have you been here throughout the trial?”

  “I have,” he replied. “Fascinating, isn’t it?”

  “Uhh, I suppose so.”

  “I’m so proud of what Darrin is doing. A wise man once said to stand for what is right even if it means standing alone. That’s what Darrin is doing. Standing alone and fighting for what is right.”

  I had forgotten that Clark had a witty meme for almost every occasion.

  “Yes, I suppose he is.”

  “And the testimony,” he continued, “it’s been so educational. Nelson Mandela said, ‘Education is the most powerful weapon you can use to change the world.’ I just hope it’s working with the jury.”

  “I do too,” I replied.

  We’d soon find out.

  CHAPTER 17

  The outcome of Darrin Wilcox’s suit against the City of Kansas City would have far-reaching effects. If he was successful in winning his suit for damages, that would certainly open the door for other landlords who were damaged by the Tenant Bill of Rights to initiate similar law suits.

  If enough landlords came forward, a class action suit was not out of the question.

  On the other hand, the tenants who had fought so hard for the passage of the bill could see the possibility that the city would rescind the bill in order to limit the city’s liability.

  A restless crowd, comprised mostly of tenants supporting the Bill of Rights, filled the courthouse steps.

  Just like the day before, the gallery was standing room only. Kevin and I squeezed into a back seat just as the bailiff announced the appearance of Judge Parker.

  “Once again,” he said, sternly, “I will not tolerate outbursts of any kind in my courtroom.”

  Then he turned to Suzanne. “Ms. Romero, are you ready with your closing argument?”

  “Yes, Your Honor, I am,” she replied, standing. Then moving directly in front of the jury box, “Ladies and Gentlemen of the Jury, The Bill of Rights of the United States guarantees personal freedoms and rights and clear limitations on the government's power in judicial and other proceedings.

  “James Madison, who served as the fourth president of the United States and was known as ‘The Father of the Constitution,’ uttered these words, ‘The Government is instituted and ought to be exercised for the benefit of the people; which consists in the enjoyment of life and liberty, with the right of acquiring and using property, and generally of pursuing and obtaining happiness and safety.’

  “Until recently, the landlords of Kansas City have been able to exercise this fundamental right, to acquire and use property and pursue happiness and safety.

  “With the passage of the Tenant Bill of Rights, that fundamental right has been curtailed. Any legislation that takes away the inherent rights of one segment of our society to the benefit of another is not good legislation.

  “There is no question that there is a housing crisis in Kansas City. There is no doubt that there are landlords who don’t care about their property or their tenants. These are issues that must be addressed by the city, but to place that overwhelming burden on individual landlords is not the answer.

  “You’ve heard testimony from honest landlords who, up until now, have had the ability to manage their rentals using good busi
ness practices, but who are now in dire straits because this new legislation has taken away their right to make choices.

  “Every responsible landlord knows that he cannot discriminate based on race, color, religion, national origin, gender, gender identity or familial status, but now with this new legislation, people with a prior arrest, conviction or eviction have been added to this list. You have heard from their testimony how that has worked out.

  “Darrin Wilcox, who served our country in the military for thirty years, invested his life savings in a rental property, hoping the income derived from it would supplement his military pension. You heard his testimony of how one tenant --- ONE TENANT --- drove two of his good tenants away and destroyed his apartment, bringing him to the brink of bankruptcy.

  “The sad fact of this story is that this one tenant was a person he would never have rented to prior to the enactment of the Tenant Bill of Rights. Darrin Wilcox is a victim --- the victim of legislation that took away his inalienable right to manage his property as he saw fit. After careful consideration, I am confident you will find that the City of Kansas City which enacted this legislation, is responsible for this travesty of justice and you will find in his favor.”

  Then she looked every juror in the eye. “While you are deliberating, ask yourself this: how would you feel if someone like Henry Cosgrove, Darrin’s tenant from hell, moved in next door to you? Thank you.”

  Suzanne had saved the best for last. Every juror had seen the photos of the destruction Cosgrove had left behind and heard the testimony about his drunk and rowdy friends. I was willing to bet that not a single juror would want such a person moving next door, but with the new legislation, they had to consider the possibility that it could happen.

  Judge Parker turned to Krantz. “Closing argument Mr. Krantz?”

  “Yes, Judge,” Krantz replied, moving in front of the jury. “Ladies and Gentlemen of the jury, we all heard the testimony of the problems Darrin Wilcox is currently facing. I, along with all of you, am sorry to hear of his misfortune, but let’s look at his situation in the proper perspective.

  “The truth of the matter is that owning rental property is a business, and every business venture carries an element of risk. Not all businesses succeed. Statistically, around 60 percent of new restaurants fail within the first year, and nearly 80 percent shutter before their fifth anniversary. The Small Business Administration states that 30% of new businesses fail within the first two years of being open, 50% within the first five years and 66% during the first ten.