Landlords deny city’s claim that they discriminated against veteran

Local landlords who the city claims discriminated against a veteran with an emotional support dog are denying the allegations and instead accusing the city of abusing the court process.

The original lawsuit, filed by the City of Lawrence Human Relations Commission, claims that KanMar Management LLC violated fair housing laws by refusing to rent to veteran Christopher Evans based on his disability and use of an “emotional support dog.”

A counterclaim filed Monday by the landlords denies that they discriminated against Evans, and also claims Evans did not even seek to rent a townhome from their rental company. The counterclaim called the allegations “mere testimonial characterizations of actions.”

The city’s lawsuit claims that the landlords, Lyndon and Kathi Mullis, of Baldwin City, failed to make reasonable accommodations for Evan’s disability as required by local ordinance and federal fair housing law. In addition to denying having discriminated against Evans, the landlords are claiming an “abuse of process” by the city.

“(The city’s lawsuit) misuses and perverts the purpose of a civil action,” the counterclaim states.

The city’s nine-member Human Relations Commission has the ability to investigate, rule upon and resolve discrimination complaints, and the lawsuit states that conciliation efforts to resolve Evans’ dispute with KanMar Management were attempted but failed. The counterclaim alleges that the city “threatened” the landlords with litigation “unless they agreed to pay a monetary demand” made by Evans. It does not say how much was allegedly requested.

The counterclaim also alleges that the landlords made numerous requests to the city to produce records, including those of the U.S. Army and the Department of Veterans Affairs, to prove that Evans’ claim that he has a disability was legitimate. The claim states the city refused to provide such evidence, and instead filed the lawsuit.

“(The city) knew or should have known that they had no evidence to support the claim,” the counterclaim states. “Plaintiffs filed litigation without reasonable grounds to believe the allegations made in the proceeding.”

According to the city’s lawsuit, Evans filled out an application to rent a unit at Ashbury Townhomes, 925 E. 14th St., and supplied a letter from his therapist regarding the dog, but was denied based on the pet policy of the townhomes. The lawsuit is seeking damages of more than $75,000, as well as reimbursement of court costs and attorney fees.

The landlords are asking that the lawsuit be dismissed and that the city pay monetary damages to the landlords. The counterclaim is asking for more than $50,000 of damages, as well as reimbursement of other costs and attorney fees.

Calls made to the Mullises and their attorney were not immediately returned Tuesday. A court hearing for the lawsuit has yet to be scheduled.