‘Nowhere to go’ SAHA filed more than 2,100 eviction lawsuits from 2011 to 2018, two-thirds of which ended with families being forced from their homes. Community groups are now calling for an examination on how it handles evictions.

‘Nowhere to go’ SAHA filed more than 2,100 eviction lawsuits from 2011 to 2018, two-thirds of which ended with families being forced from their homes. Community groups are now calling for an examination on how it handles evictions.

Part 3

From his bedroom, Joe Garcia could hear knocking on the front door.

He lifted himself into his wheelchair and went to the living room. The property manager for the South Side complex had let herself in. She handed him a piece of paper and left before he could open it.

“3-DAY NOTICE TO VACATE,” it said. “This notice is to inform you that San Antonio Housing Authority (SAHA) is demanding possession of your unit and intends to terminate your lease at midnight, three (3) days from this notice.”

Joe, 61, and his wife, Teresa Garcia, 63, had lived in the two-bedroom apartment since 2014. It was the best they could afford after Joe lost his leg and his job to complications of diabetes.

Until then, Joe had been the breadwinner, working with special education students at Thomas Jefferson High School.

As they read the notice to vacate, Teresa and Joe fought a sense of panic. They are raising their two grandchildren: 3-year-old Izabella Lopez and 11-month-old Ashley Marie Lopez. The girls have known no other home.

The Garcias are among thousands of families in San Antonio who rely on public housing — the safety net for society’s vulnerable families. Yet in recent years, SAHA has evicted a growing number of them, court data show.

SAHA filed more than 2,100 eviction lawsuits from 2011 to 2018, two-thirds of which ended with families forced from their homes, a San Antonio Express-News analysis of Bexar County justice of the peace data shows. At least 50 of those tenants were evicted for owing less than $100.

In recent months, SAHA tenants and community groups have called on the housing authority to hold its own staff accountable for alleged wrongful evictions. SAHA has said it would examine its eviction policies and the fees charged to tenants.

In the private market, missed or late rent causes most of the evictions. But that doesn’t always describe the narrative for tenants in public housing.

Attorneys who represent SAHA tenants say the agency often moves to evict them for issues ranging from “housekeeping violations” to alleged physical altercations with other residents. Tenant lawyers say many of the cases stem from disputes or misunderstandings that could have been worked out without resorting to eviction.

“If everyone involved in this situation just like took time to listen to one another and see one another as human beings, I feel like a lot of these issues and complaints could be resolved,” said Matthew Garcia, a former Texas RioGrande Legal Aid lawyer who represented Joe and Teresa. “But for whatever reason, people get defensive and just want quick easy solutions … and just want to go straight to court.”

In the past year, SAHA moved to evict a woman with disabilities for allegedly running her motor scooter into another resident at a senior housing complex. When Texas RioGrande Legal Aid got involved, SAHA backed off.

In another case, SAHA moved to take away a Section 8 voucher from a woman in her 80s accused of pushing an inspector who she said tried to enter her home without showing an ID. SAHA again reversed course when she got an attorney.

“That’s another example of SAHA just not doing its homework, not figuring out what the real story is,” Matthew Garcia said.

Brandee Perez, director of SAHA’s federal housing programs, wouldn’t comment on specific cases because of privacy issues. Asked about eviction policies, Perez said that at each of SAHA’s public housing complexes, managers search for solutions to prevent evictions and improve their own policies.

After a notice to vacate — the first step before an eviction lawsuit can be filed — is delivered, tenants can ask for an informal review to examine lease violations, unlike in the private sector, Perez said.

If SAHA finds its own staff acted in error, the violation will be removed from a tenant’s file. And if the eviction stemmed from unpaid rent, tenants can arrange payment plans with SAHA, she said.

“We know there are going to be times where we do have to evict somebody,” Perez said. “But that is our last resort.”

Compared with the city as a whole, SAHA has a lower eviction rate, according to SAHA and court data. But when evictions do happen at SAHA rentals, they can mean financial ruin for families.

The average monthly rent for a two-bedroom apartment in San Antonio is $1,176, according to ApartmentTrends.com. For families like the Garcias, who live with disabilities and on a monthly fixed income of about $1,500, coming up with that much money for rent is out of reach.

A daughter’s drug charge

Joe and Teresa Garcia said they were kind to their neighbors. They paid rent on time. They kept the apartment clean.

The property manager was trying to kick them out because the Garcias' adult daughter, Selena Flores, got arrested off the property on a marijuana possession charge.

After the Garcias moved into the apartment, Flores lived with them on and off, so they added her name to the lease to comply with a SAHA requirement to name every tenant.

Flores had her first child, Izabella, in July 2016. But Flores had been using drugs, her mother said. After Child Protective Services investigated, Flores designated her parents as Izabella’s guardians. About a week after Izabella’s birth, Teresa and Joe began raising the baby girl.

They woke up in the middle of the night to nurse Izabella and change her diapers. They took her to doctor appointments, applied for assistance to help cover the cost of formula and bought her toys. They watched her learn to crawl, walk and eventually run through their small apartment.

In January 2019, Flores gave birth to second child: Ashley Marie.

Within a month, Flores left her daughters, and the apartment, for good.

Three months later, she was pulled over by police.

When SAHA learned of the arrest and noticed Flores was named on the lease, it moved to kick out the whole family.

‘It’s a tough case’

Families living in public housing generally have greater protections than those renting privately owned apartments.

Under federal law, tenants in homes subsidized by the U.S. Department of Housing and Urban Development spend no more than 30 percent of their income on rent.

They also get greater protection against eviction. For example, federal rules often guarantee tenants a hearing with housing authority staff before eviction cases move to court.

The Garcias didn’t get that option because their case was tied to an alleged drug-related offense. After they received the notice to vacate, a neighbor told them about Texas RioGrande Legal Aid.

A couple weeks later, on a hot summer afternoon, an attorney came to their apartment to discuss their case.

The lawyer, Matthew Garcia, asked about Flores.

“Let’s talk about 2018 — what was the longest time in 2018 that she was staying here?” he asked.

“Maybe toward the end of her pregnancy?” Teresa responded. She sat on the couch, with Izabella squirming in her arms.

Joe listened from his wheelchair, holding Ashley Marie on his chest. Teresa told the attorney: “She can only come to visit, she was not allowed to stay here.”

“She never stays in one place,” Joe added.

“They’re making it seem like the arrest happened here,” Teresa said, her voice growing frustrated. “And it didn't happen here.”

That didn’t matter, the lawyer explained.

“So from SAHA’s perspective, they are allowed to technically evict you,” he explained. “Technically, the federal regulations do allow them to evict you for any drug-related crimes, regardless of where they occur.”

The couple looked confused.

“It’s a tough case,” he continued. “Because at least from the research that I’ve done, I can't find another eviction case like this.”

Their first chance, he explains, is to win at the justice of the peace court level. If they lose that fight, their last resort is to file an appeal in county court and hope the judge rules in their favor.

‘A fighting chance’

Even though the Garcias felt as if God had turned against them, they had a significant advantage compared with most tenants in San Antonio facing eviction: an attorney.

In Bexar County’s four eviction courts, the odds are in favor of landlords. The typical eviction case pits a landlord with a lawyer against tenants representing themselves. On many days, a handful of seasoned eviction lawyers represent multiple landlords in multiple cases. Many tenants don’t show up in court at all — a large factor in why judges ruled in favor of landlords about 60 percent of the time last year.

“It’s very difficult for a tenant without legal training to defend themselves properly in these cases,” Matthew Garcia said. “And unfortunately, tenants speaking on their own are just taken less seriously.”

Research on housing courts across the country have shown that generally, 90 percent of landlords have attorneys, while 90 percent of tenants do not. One study in New York found that tenants with legal counsel are much less likely to be evicted than tenants without counsel, regardless of a case’s merits.

Garcia has learned that landlords often suddenly take heed when communications arrive on a Texas RioGrande Legal Aid letterhead.

He knew that when he took on Teresa and Joe’s case, he suddenly gave the family a fighting chance.

“They’re vulnerable in so many ways,” he said about the family. “Those kids have nowhere to go if the family were to be evicted.”

Facing the judge

Joe and the two grandchildren were just waking up as Teresa made her way to the courthouse on a Wednesday morning for her 8:30 a.m. eviction hearing.

She wanted to get there early, even though she felt exhausted. It was hard to fall asleep the night before the hearing. But fortunately for Teresa, the justice of the peace courthouse in the southern section of Bexar County was directly across the street from her apartment. She could walk there. The family car had recently broken down, and they couldn’t afford to fix it.

Her nervousness grew as she crossed the five-lane Pleasanton Road, walked through the parking lot and entered the courthouse. She passed through the metal detector and met up with her lawyer. They walked to the courtroom.

Are you struggling to pay rent, facing an eviction or needing help with your bills? Visit Sacrd.org to search an online directory of charities and social service agencies that can offer help.

Within a couple of minutes, the judge called her case. Dressed in crisp suits, both attorneys — Matthew Garcia and SAHA’s attorney, Ben Lugg — approached the judge. They wanted to work out an agreement, they told him. They spoke quietly, their voices barely audible from the back of the courtroom.

Could they push back the trial for a couple weeks? The judge agreed. Maybe, the attorneys said, Teresa and SAHA could reach a deal by then.

The ordeal was suddenly over. It took less than 15 minutes. Teresa followed the attorneys out of the courtroom to the hallway.

SAHA’s attorney told Teresa that one of three things could happen: SAHA could move forward with evicting the entire family; SAHA could evict Flores only; or SAHA could remove Flores from the lease and ban her from the property.

Matthew Garcia and Teresa sat on a bench in the courthouse lobby. The lawyer told her the best option was to allow SAHA to ban Flores from the property; they should still be able to work out a deal so Flores could visit the girls there. And that way, Flores wouldn’t have an eviction on her record — tenants who are evicted from public housing may not be allowed to return.

“It hurts,” Teresa said. “She can’t see her kids.”

Teresa walked back to her apartment, looking defeated. When she got home, Joe was in the living room in his pajamas, rocking the baby in a bassinet.

Before saying anything to Joe, Teresa grabbed Izabella by the hand, leading her into the bedroom to change her diaper.

Joe continued rocking the baby. Moments later, Izabella reappeared in the living room, sporting a shirt with a sparkly puppy on it and Batman pajama bottoms. Teresa emerged behind her.

“Right now, we’re safe, hun,” she told her husband.

“We just have to come up with a plan.”

After the San Antonio Housing Authority dropped its eviction case against Joe and Teresa Garcia, the agency notified the couple about a pending rent increase. Teresa, 63, and Joe, 61, with granddaughter Ashley Marie, fear they will be priced out of the apartment. less After the San Antonio Housing Authority dropped its eviction case against Joe and Teresa Garcia, the agency notified the couple about a pending rent increase. Teresa, 63, and Joe, 61, with granddaughter Ashley ... more Photo: Bob Owen Photo: Bob Owen Image 1 of / 5 Caption Close ‘Those kids have nowhere to go’: What happens when families risk eviction from the safety net 1 / 5 Back to Gallery

Keeping their apartment

By the next court date, the family’s attorney and SAHA worked out an agreement. The case was dismissed as long as Flores was banned from the property for six months. After six months, Flores will be allowed in the apartment to visit her children for one hour per week, or two hours every other week, the family said.

For the time being, Teresa takes Izabella and Ashley Marie to see their mother once or twice a week at a McDonald’s a block away. When Teresa thinks about seeing her Flores, she often tears up. Her daughter is still homeless, even though she, Joe and the children may have kept their home.

It’s a resolution that SAHA could have come to without an attorney getting involved, Matthew Garcia said.

“It just seems like their knee-jerk reaction is to evict without figuring out what the alternatives might be,” he said.

Garcia and other attorneys who handle SAHA tenant cases question whether SAHA files evictions because it doesn’t have enough managers to communicate with tenants and find solutions.

In 2018, 16 property managers and 12 assistant managers oversaw 6,137 public housing units — the equivalent of one manager for every 219 units, SAHA data show.

In studies of evictions, housing authorities generally rank among the top evictors.

Some cities have taken steps to reduce those numbers, such as the Minneapolis Housing Authority, which formed a task force focused on reducing evictions.

Similarly, the Durham Housing Authority announced an eviction prevention plan that could include waiving rental charges through hardship exemptions and giving tenants information about payment arrangements and rental assistance.

The federal government says families living in public housing are particularly vulnerable to homelessness if evicted. The U.S. Interagency Council on Homelessness advises local housing authorities to “adopt reasonable policies” and consider a range of factors before deciding to evict someone.

Housing authorities can move to evict entire families if only one member is caught using illegal drugs, but they don’t have to, the council notes.

Instead, the council says housing authorities should consider other factors when making the decision, such as the seriousness of the case, the willingness of the family to remove the person from the lease and “the effect of eviction on family members not involved in the action that led to a potential eviction.”

In the Garcias’ situation, SAHA’s own rules said it could look for ways to avoid evicting the family. But that didn’t happen until they got an attorney.

“Especially if you're in the business of providing housing to low-income families who have lots of issues in their lives, whether it’s disability or mental illness or other health care issues, it takes compassion to deal with that population,” Matthew Garcia said. “And it takes patience, and unfortunately, the landlords just view it strictly as a business rather than as a real human service.”

Perez, the SAHA federal housing director, said the agency is always looking to improve its own policies and the way it communicates with its residents.

“We really stress that we are in the business to help,” she said. “And it really isn’t in the best interest of the housing authority to evict.”

But rent still goes up

Joe receives $1,170 in disability each month, while Teresa receives $371 in Social Security payments. After paying one-third of their income on rent, they spend at least $200 to $300 on diapers, milk and formula each month. Then they have to pay for food, medication and clothes for the girls.

When eviction still was a possibility, Teresa spent hours scouring Facebook Marketplace for rental homes, but the most affordable two-bedroom she could find was $750 a month. With the deposit, they’d have to scrape together $1,500. That didn’t include the cost to hire movers.

After the court proceedings, the Garcias found out their rent was increasing, from $355 to $420 a month. In November, it rose again to $479. SAHA said it increased their rent because the couple was supposed to collect child support — about $190 per month — from the girls’ mother, increasing their income. But Flores never paid it, Teresa said.

Teresa and Joe fear more problems. They’re raising two small children in a housing project reserved for seniors and people with disabilities. Their neighbors want peace and quiet, but the little girls need places to laugh, run and play.

While they avoided an eviction, they worry that their days living there are numbered.

Marina Starleaf Riker is an investigative reporter for the San Antonio Express-News with extensive experience covering affordable housing, inequality and disaster recovery. Read her on our free site, mySA.com, and on our subscriber site, ExpressNews.com. | marina.riker@express-news.net | Twitter: @MarinaStarleaf

Data Editor Luke Whyte contributed to this report.

Design by Joy-Marie Scott.

A version of this article will appear in print on Friday, December 13, 2019. | Today's Paper

Subscribe

Real news. Real trust. Real community. Subscribe to the San Antonio Express-News to support quality local journalism.



Today's Paper