|You might remember back in 2003 through 2006 when Neighborhood Preservation (NP) would send Landlords 1 letter on a property stating a violation that was never witnessed, like a tenant parking in the yard, and after 10 days, NP would send aa fine to the Landlord if a car was found in the yard. The tickets started at $116.00 for the first offense and went up to $1,000.00 after the 3rd offense. That's right, one letter and if the violation happened again a year later, someone parked on the yard, even if it was a different tenant, the Landlord would receive a ticket in the mail for up to $1,000.00 without warning. That was the first time we called on Landlords for donations to fight the city ordinance. The City appealed that case to the Missouri Supreme Court and were denied.
In short Kansas City Missouri Neighborhood Preservation can no longer send blanket letters but must be specific about each and every case. For example: now they have to show it is the same bag of trash, or car, that was identified in their letter of notification, and this letter has to be sent for every case.
The district court of appeals wrote: Thus the city was required, at a minimum, to PROVE the existence of a nuisance that the property owner permitted to remain on the property...
You can read the entire Missouri Western District Court of Appeals opinion, of that case, on their web site at:
Missouri Western District
Court of Appeals Opinion
Type in case # WD66338.
|L.L. LEGAL DEFENSE FUND LLC., was formed by Fred McGary with the mission of hiring some of the best law firms in Kansas City to fight city and state, ordinances and statutes, that violate Landlords (LL) legal rights.
This had to be done when city council members would not listen to Landlords in Kansas City, even when we showed up with 20 or 30 members, warning them these types of ordinances would be implemented in a way that would violate our rights.
The cost to fight each ordinance through the courts, with a good law firm, a "super attorney," can cost between $10,000 and $70,000.00 per ordinance. We concentrate on the ordinances that cost Landlord's $1000's of dollars, like ordinance 78-15.1. (see link above)
Ordinance 78-15.1 allows KCMO Water Dept to transfer the water bill from the tenants name to the property owners name and to hold you the property owner responsible for the water bill. It does not matter if the property owner ordered the water service on, or use the water or any service, but just because you own the property you are getting billed, (which is a TAX!) the bill is automatically reverted into your name, whenever KCMO Water determines vacancy.
KCMO Water Dept. will not shut off the water in a timely manner, they don't want to, so they charge you $100 shut-off fee, take their time, run up the bill, and in a month or so, they might get the water shut-off. When they do finally shut-off the water, then you are charged a monthly, illegal, service (tax) fee. Yes, while the water is turned off every month you get a $30 or so tax, they call service fee.
KCMO Water department policy, according to the Director Terry Leeds, has always been we do not charge Landlords for 3rd party bills. Which they do we have documented this to his department many times. In Nov. 2012, the KCMO Water publically announced to us in writing, they do not charge Landlords for tenants water usage. We have documented they still do. Because as of today, July 2013, they still will transfer the billing into the Landlords name while the tenant still occupies the property. KCMO Water has no way to determine legal vacancy.
How much money has these ordinances cost Landlords? Millions. KCMO Water monthly fees/taxes alone total that. However, there are many other examples of cost: there were two different Landlords, that I talked to, that got a bill over $7000.00 on one of their properties because of this ordinance. There was another Landlord that had over $75,000.00 in damages due to water running down the interior of a 2 Stry residential home, for over a month, before the property owner was ever notified. We have heard many of your horrible stories and with your financial help, we are taking legal action.
Let me ask you, What happens when the tenants learn the water is on at their new property and the bill will go to the Landlord? What damage can the tenant do to the Landlord and property with running water before you can get them out through a lengthy eviction process? Because KCMO Water will not shut off the water what happens in the winter months when the tenant moves out shutting off the heat? Or, what happens when the new tenant does not take their lease down to the water dept. to transfer the water bill? Why would they, water is on, no hurry. So now the new tenant water usage will be billed to the property owner.
You wouldn't stand for this type of treatment from any other business. Don't let it start now. How much are you currently paying to Kansas City Missouri Water Department each and every month for water services you never ordered? Well just wait it gets worst. Please donate one month to LL Legal Defense Fund so we can stop this abuse. We are calling on all Landlords to donate what they can, a couple hundred dollars as a business expense, to L.L. Legal Defense Fund to help protect their rights from ordinances that violate state and constitutional law.
We have contacted over 8,000 Landlords, many Landlord organizations and members that you may know. One of the first members of Landlord Legal Defense Fund was John C. Bills (Past Chairman of the Board and Past President of KCM0 Landlord group) who has now himself, past. He was one of LL Legal Defense Fund first donors and consultants. Thanks for all you have done for Landlords John C. Bills, owner of Norjon Realty, Landlords will miss your work in protecting them in the future.
See the list of Past Chairman of the Board, Past Presidents, Past Vice Presidents, etc. of some of the other Landlord organizations, listed on the right. Please feel free to call any of them, they want to hear from you.
Many members of many different Landlord Organizatons, are past and present donors to the Landlord (LL) Legal Defense Fund LLC.
We hope you too will join us in the fight to protect our rights in Kansas City, by clicking on the donate button at the top right of this page to donate with your card or if you prefer, with your check payable to:
L.L. Legal Defense Fund
PO Box 266462
Kansas City, Mo 64126
Know that over 90% of your donation goes to the law firm, and the rest to expenses in collecting the funds to pay them. This is a donation which should pay you back, when you don't have to pay KCMO Water unrighteous billing.
Thank you for your support!
Fred J. McGary
LL Legal Defense Fund LLC
PO Box 266462
6246 Truman Rd
Kansas City, MO 64126
Lanlord Inc has over seven hundred members below are a few that would like to talk to you:
John C. Bills (PAST)
Past Chairman of the Board
Past Vice President
Past Chairman of the Board
Past Chariman of the Board
Past Chariman of the Board