photo by: Journal-World

The west side of the Douglas County Courthouse, 1100 Massachusetts St.

Douglas County commissioners will give feedback on whether to pursue a program offering free legal representation to renters facing eviction following a report on findings by county staff.

On Wednesday, county commissioners will hear an update on a proposed tenant right to counsel program, which provides free legal representation to renters who are facing eviction. As the Journal-World reported, the idea for the program has been discussed across multiple meetings since August with local advocacy group Lawrence Tenants, who has been urging commissioners to implement one.

Lawrence Tenants previously met with commissioners in September and provided a draft ordinance to change county code to guarantee a right to counsel for every tenant no matter their income. County commissioners did not take action, but several commissioners voiced support for the creation of a tenant right to counsel program.

Instead, commissioners wanted to further explore the group’s proposal and explore alternative approaches to providing legal representation for individuals facing eviction, and those findings will be discussed on Wednesday.

Since the last discussion on the program in October, county staff have met with a range of local and regional partners, including Kansas Holistic Defenders, Kansas Legal Services, the City of Lawrence, Lawrence-Douglas County Housing Authority, Johnson County and the City of Topeka, according to a memo in the agenda. These conversations focused on existing eviction-related services, funding and capacity limitations and the complex relationships among tenants, landlords, property managers and enforcement agencies.

The memo highlights several key findings from the conversations, such as Lawrence already having proactive rental licensing and inspection processes that address habitability concerns. Kansas Holistic Defenders and Kansas Legal Services currently provide limited eviction defense and legal advice in Douglas County, constrained by funding and grant requirements, but both could potentially expand services if a funded tenants right to counsel program were created.

The City of Topeka has recently launched an Eviction Defense Program, administered by Kansas Legal Services, and it offers a local example of how free housing legal services can be structured. Johnson County’s mandatory eviction mediation program also demonstrates promising outcomes, with a significant majority of mediated cases resulting in compliance and dismissal, thereby avoiding eviction judgments and physical removals.

Opposition to the program

Numerous county residents submitted public comments to county commissioners ahead of the meeting on Wednesday voicing opposition to the implementation of a tenant right to counsel program with the use of taxpayer dollars.

A real estate agent in Lawrence said the majority of landlords in Douglas County “are not large corporations — we are ‘mom and pop’ owners who have house-hacked, invested in a duplex, or rented out a single home as part of our family’s financial stability.”

“This proposal would unfairly shift additional costs onto small landlords and taxpayers, many of whom are already shouldering the rising expenses of property taxes, insurance, maintenance, and compliance with existing housing regulations,” they wrote. “Providing attorneys to tenants regardless of income level or circumstance not only places an undue burden on landlords, but also on the community as a whole.”

Another commenter said they have been a property owner for over 20 years and has also rented in Douglas County before buying their property. They oppose a tenant right to counsel program because eviction is a clearly defined and agreed-upon consequence of lease violations, and they believe it is the landlord’s only way to protect their property.

“I would hope that if you are even considering spending taxpayer funds, you would help be the solution instead of provide aid and perpetuate the problem,” she wrote to commissioners. “Education and/or assistance for potential renters would assist them to become better informed as to what a lease means and understand the penalties for any violations.”

A landlord in Douglas County who submitted public comments said they depend on rental income to pay their own bills, and she said implementing a program that forces landlords to become more strict with who they allow to rent their property.

“I am a compassionate person who deals with others fairly and honestly,” she wrote. “Not all landlords are money grubbing oppressors of the poor. However, when you enact laws and programs that seem to assume the landlords are always perpetrators and the tenants are always the oppressed … You are the ones who become the oppressors.”

Next steps

Following the presentation on Wednesday, county staff are looking for direction from county commissioners on whether to develop an “access to representation” pilot program for consideration in the 2027 budget.

In addition, if commissioners choose to pursue the program, staff is looking for guidance on the desired scope and goals of eviction prevention, and how mediation and case prioritization should factor into the program’s design.

Staff are also recommending that for this program a dollar amount cap – meaning that full representation is not guaranteed in all cases. The memo said this will allow staff to evaluate the volume for future program years. Staff further recommends that extensive data is collected on the number of cases, the type of cases, case outcomes, hours per case, etc., in addition to any additional metrics the County Commission provides.

In other business, county commissioners will:

• Consider authorizing the county administrator to sign an extension for the cooperative agreement with the City of Lawrence for the joint operations and maintenance of Lawrence-Douglas County Fire Medical for 2026. As the Journal-World reported, the city and county extended the agreement in September 2024 for one year, and during the 2026 budget deliberations, it was determined that a new agreement “is premature at this time due to funding issues for planned growth and services,” a memo in the agenda said.

• Conduct a public hearing on a proposed rescinding of minimum maintenance on a portion of North 1 Road in Palmyra Township. In 1992, the road segment along the Franklin County line was designated as minimum maintenance by Douglas County because it did not serve any residences. Six years later, a residence was permitted on the Douglas County side despite restrictions on access from minimum maintenance roads.

Franklin County rescinded its minimum maintenance designation for the road, but Douglas County did not. The landowner now requests that Douglas County also rescind the designation and return the road to full maintenance, after which Franklin County has agreed to maintain it.

• Consider signing a memorandum of understanding with Metropolitan Energy Center to partner on energy efficiency and clean energy projects. As the Journal-World reported, the Metropolitan Energy Center was awarded $250,000 to explore “financial strategies that attract both private and public investors” for energy-saving projects in the county. Some examples of potential projects include upgrades to community centers, nonprofit buildings and multifamily rental housing.

• Consider appointing Dr. Atlaf Hossain as coroner for Douglas County starting on Jan. 12, 2026 and consider approving an agreement for coroner services with Forensic Medical Management Services. These services include autopsies, external examinations, death certificate review and certification, cremation permits, death scene investigations, expert witness testimony, and laboratory services.

Hossain has served as the coroner in the county since 2018, and he’s affiliated with the company providing the coroner services, according to a memo in the agenda.

• Consider awarding a contract to Reece Construction for a culvert replacement project located three miles west of US-59 and Route 460 interchange for a total contract value of $589,624 and authorize the Public Works director to approve change orders totaling up to 10% of the contract amount.

The County Commission’s business meeting will begin at 5:30 p.m. Wednesday in the Douglas County Commission meeting room at 1100 Massachusetts St. The meeting will also be available via Zoom.