Lubbock attorneys weigh in senior citizens’ complaints about local apartment complex

Lubbock attorneys weigh in senior citizens’ complaints about local apartment complex

LUBBOCK, Texas (KCBD) -Donny McNeely said he and his pup, Zoey, have lived in Southstead Apartments, formally Homestead Apartments, for more than two years.

The property is located just north of the South Plains Mall.

“It is difficult for seniors on SSI to find affordable housing that is in a safe area,” McNeely said. “I loved being here. It’s right next to the mall, it’s in a good, safe area.”

While he has enjoyed the property, McNeely said recent changes have inconvenienced tenants.

“It is the worst thing I have ever seen, how seniors are being treated,” McNeely said.

McNeely said new management took over last year.

PREVIOUS COVERAGE: KCBD Investigates Renters’ Rights: Renovations at Lubbock apartment forces tenants out of apartments for up to 10 hours a day

In November, management announced Homestead Apartments and South Plains Apartments, a neighboring complex, would combine and have a new name, Southstead Apartments.

McNeely said tenants received a notice that the landlord applied for financing under a federal Low-Income Housing Tax Credit program.

Homestead Apartments already offered a HUD subsidized housing program, but the new financing, according to management, would allow for major improvements to the property.

The program also created new income limits for tenants, meaning some residents may no longer qualify to live there.

Residents learned the major improvements meant renovating units during lease terms.

McNeely said he received a letter from management which stated the renovations to his unit would take 9 to 10 days and he must be out of his apartment from 8 a.m. to 5 p.m. each day so the renovation work can be completed.

We contacted the property management company’s corporate office in Massachusetts.

A spokesperson said they set up an on-site hospitality suite for tenants to use during the day, but McNeely said this won’t work for him.

“I haven’t slept in, I think I am going on my fourth day now. I have a little overnight job trying to supplement my social security. How am I going to hang out somewhere all day long and not sleep and then go to work that night?” McNeely said.

Management also told us residents could apply for reasonable accommodations, including a hotel stay, during the renovation period.

McNeely said he tried to contact management about applying for a reasonable accommodation.

“I tried for two weeks and couldn’t get them to return a phone call,” McNeely said. “They came over today, after I called about a million people including the governor and all of the political guys, Tepper and Jody, I called everybody, and the mayor of Lubbock even. Somebody somewhere down the line must have called them and said something because then they came over and started to make offers.”

We took McNeely’s complaints to Legal Aid of Northwest Texas.

Attorney Adam Pirtle recommends tenants make reasonable accommodation requests in writing and keep a copy of the document.

“Just so that you have better evidence that you have made the request. Best practice would be certified mail return receipt requested because you would get proof that it was delivered,” Pirtle said.

According to the Texas Department of Housing and Community Affairs, responses to reasonable accommodation requests must be provided within a reasonable amount of time not to exceed 14 days.

Pirtle said apartments with subsidies, like Southstead Apartments, have rules that can be more beneficial to tenants than state law.

Pirtle said in a Section 8 Project-Based program, a tenant must receive at least a 30 days’ notice of eviction and has an opportunity to meet with the landlord for 10 days if there is some type of lease violation.

Pirtle said under state law, landlords only need to give tenants a three-day notice to vacate before bringing an eviction notice.

Pirtle said the federal Uniform Relocation Act also applies here and puts requirements in place when it comes to the temporary or permanent relocation of residents.

“There are rules the federal government creates to make sure that tenants aren’t put in a precarious situation, or a dangerous situation and they are compensated if they have to get relocated,” Pirtle said.

Pirtle said management is responsible for keeping units in a decent, safe, and sanitary condition.

“You can’t have construction materials strewn all over the place, you can’t have stuff on the floor that would block people from being able to move around, and you can’t have a bunch of dust or construction debris in the air that could cause a problem,” Pirtle said.

Pirtle said even if the landlord hasn’t violated any laws, he wants to make sure residents are protected.

“We need to make sure when these kinds of things go on, we are treating people the way we would want to be treated, the way we would want our grandparents to be treated,” Pirtle said.

Pirtle advises tenants to do the best they can to follow the requests of management so they can avoid an eviction.

After hearing about the residents complaints, Legal Aid of NorthWest Texas has partnered with Disability Rights Texas to host a free legal education event.

The presentation will focus on tenant rights in a HUD-funded apartment.

The presentation will take place Tuesday, April 9 from 5:30 p.m. to 6:45 p.m. at Premiere Cinemas’ Event Room at the South Plains Mall.

There will be pizza and refreshments.

This event is free and open to the public.

You can also call Legal Aid of NorthWest Texas for more information and to see if you qualify for their free services.

The number is 806-763-4557.

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