Landlord won’t fix alleged code violations, tenants out

Residents living in an apartment complex in the Duranguito neighborhood were served with “notices to vacate” Thursday and Friday morning.

The apartment complex, allegedly in violation of city building codes, is located at 219 W. Overland near Union Plaza. It is owned by Don Luciano with C & M Properties and has been the subject of an ongoing battle between the City of El Paso and activists hoping to save Duranguito from the downtown arena.

In a news release sent to ABC-7, the City of El Paso said it was informed Thursday the tenants in the apartment complex were being relocated by the property owner “following a code compliance complaint” filed by the Texas Rio Grande Legal Aid.

The City said the legal aid organization requested code compliance inspectors be sent to inspect the building for possible code violations in early January 2017. Inspectors were sent to inspect the property on January 18th and found the building needed “substantial repairs” to plumbing, ventilation, occupancy and found other structural violations.

Inspectors gave the owner 30 days to correct the violations and bring the building up to code, but the city says the property owner decided to not to fix the repairs and instead asked the tenants to vacate building.

The city says the building was inspected three separate times before: in 2014 by Environmental Services, in 2012 by Fire, and in 2012 by Building Permits and Inspections. All former cases were closed after the conditions were brought into compliance.

The owner, Don Luciano, told ABC-7 he disagrees with the alleged violations and says in the eight years he’s owned the complex he’s never had issues, despite the city’s claims that the building was inspected before.

Luciano says he decided against bringing the building up to code because it was a “business decision” and he felt it was in the best interest of those involved not to. Luciano says the move has nothing to do with the proposed downtown arena or eminent domain.

Luciano plans to keep the building and remodel the apartment complex into a more upscale place. He tells ABC-7 he is leaning towards building a hotel and has already spoken with several hotel chains.

Veronica Carbajal, with Texas Legal Aid says it’s “disappointing” Luciano decided against fixing the conditions, because it’s affordable housing in a great neighborhood. She adds clients who lived there for decades never had issues with previous owners and it’s surprising to them that Luciano “let the building fall apart while people were living there.

Carbajal tells ABC-7 the decision to seek inspectors was spurred by a lawsuit filed on behalf of three residents living in the apartment complex in November. She says the lawsuit was filed for wrongful eviction. A trial took place in early December and a judge ruled in their favor, awarding them penalty fees equivalent to one month’s rent, $500 and attorney’s fees.

Luciano has confirmed he’s paid the amount in full, but Carbajal says part of the lawsuit included fixing the living conditions and necessary repairs. She tells ABC-7 they gave Luciano time to make the necessary repairs but failed to do so, forcing them to seek city inspectors early January.

The tenants, who paid $275 for month at the apartment complex, will be relocated. The city said it is prepared to assist tenants through its Community and Human Development Department with finding a new apartment, if they’re not relocated by Luciano.

Not a single tenant had a long-term lease and all were renting “month-to-month,” Luciano told ABC-7.

Luciano tells ABC-7 he’s informed all tenants about the change and will help in relocating them to other properties he owns or some nearby. Carbajal also tells ABC-7 they’re pushing the city to operate under “memorandum of understanding” which states the city has duty to provide relocation assistance to people living in non-habitable areas.”

Eduardo Munoz has lived in the complex since September and says he was given his notice of vacancy Friday morning but was not notified about any help with relocating.

“It’s something unexpected, I wasn’t expecting to have a sudden move like this so I’m kind of depressed about this,” Munoz said.

Munoz tells ABC-7 he’s been in a bind since the downtown arena debate started and now he doesn’t know where he’ll live.

“It takes me awhile to get an apartment I’m kind of disabled and I usually can’t come up in apartments, it’s going to take me awhile and I might not be able to get an apartment. I might have to go live in one of those homeless centers for the homeless people and that’s probably what I might up end up doing because it’s kind of hard to get an apartment for us disabled people,” Munoz said.

Carbajal says as a landlord, Luciano has an obligation to hep relocate the residents. Luciano has confirmed with ABC-7 he does plan to help them. She adds the city also has an obligation to hep relocate residents when they’re living in poor conditions. She tells ABC-7 the city has a liaison that will help with suitable housing.

Carbajal also tells ABC-7 attorneys with Rio Grande Legal Aid plan to file another lawsuit against Luciano for not fixing the conditions while tenants were living there.

The city says the findings had nothing to do with the proposed downtown arena and they’ve advised property owners against evictions as a result of the proposed project.

The apartment complex is located within the Master Planning area of the proposed project and within the 1,000 feet of the footprint of the convention center. City staff is currently evaluating the feasibility of locating the arena at the convention center or within 1,000 feet of the convention center footprint.