April 16 – The leader of a tenants’ association at an apartment complex in Española recently lost an eviction hearing, but vowed that his and other residents’ fight in a long-running battle against Las Lomas Apartments is “far from over.”
The Alianza Tenant Union, led by tenant Dylan Schwaegel, was formed last year in response to claims of deteriorating conditions and rising costs at the 100-unit complex.
After attempts at negotiations with the property management company and a handful of complaints filed with the Justice Department, Schwaegel and other union members filed a lawsuit, naming Las Lomas Apartments property manager Mary Lewis and another tenant, Chanel Gomez, as defendants.
The complaint, filed in district court, alleges that the complex’s management violated numerous state landlord-tenant laws in its dealings with Schwaegel and other tenants.
It also alleges that Lewis illegally filed for evictions and other actions without registering with the New Mexico Secretary of State. Affidavits from tenants included in the complaint allege Gomez intimidated other tenants into not joining the union, including at a March rally outside the complex.
Lewis declined to comment on the allegations made by Schwaegel and other tenants in recent months. She did not return a call seeking comment on the lawsuit. Gomez could not be reached for comment.
The lawsuit includes arguments Schwaegel has made in counterclaims against the complex in its recent eviction proceedings, including claims that Lewis applied unfair fees to tenants’ bills and denied them access to their bills and utility usage information.
An account statement provided by Schwaegel shows that his energy costs for the complex tripled in mid-2023 after the complex bought a company called Multifamily Utility Co. started using to calculate water and sewer bills.
The complaint alleges that Lewis has kept common areas, such as a playground and gym, in an unsafe condition, with the property manager regularly flagging tenants’ work orders that have been completed without repairs being made.
“Tenants have also requested the allocation and billing of their water usage, but Mary never complies with tenants’ requests,” the complaint states.
The lawsuit seeks that all former residents of the action “who have received an eviction or termination of lease agreements be given the option and consideration to return to the property to live there under the stated terms of $700 for three bedrooms and $ 600 for two bedrooms.” bedroom units also for four years.”
Schwaegel is seeking $75,000 in damages.
The lawsuit comes amid a recent ruling against Schwaegel, in which a Santa Fe County Magistrate Court judge ruled that the tenant must pay the complex more than $7,000 in back rent or face eviction. Schwaegel claimed the recent eviction proceedings were filed against him in retaliation for his part in organizing the tenant association last year.
During a virtual hearing on April 9, Lewis told the judge that the complex was only seeking rental payments and monthly parking fees in the case.
In recent months, Schwaegel had requested to pay a portion of the rent balance, with a rental assistance program to pay the rest, but Lewis and others at the property management company denied his request. Lewis told the court the company has a policy against receiving partial rental payments or payments from third parties.
Schwaegel claimed such a policy was in place at the complex when he cross-examined Lewis during the hearing. Lewis’ attorney pointed to a provision in lease agreements — including one signed by Schwaegel — that stated partial rent payments were not acceptable.
“This is what the owner asked for,” Lewis told the court. “That’s his property, so he can decide that.”
The complex filed a rent refund case against Schwaegel in March after an initial case filed in October was dismissed. At a hearing for the case in October, Judge Morgan Wood told Lewis she was concerned about the mixing of utility costs with rental costs in Schwaegel’s account book.
Schwaegel and other tenants have filed complaints with the Justice Department for violations of the Uniform Owner-Resident Relations Act and requested an investigation into Utah-based Cornerstone Residential and Multifamily Utility Co.
Department spokeswoman Ashley Sterling wrote in an email that the department “has no express authority under the Uniform Owner-Resident Relations Act,” but added that the agency is still determining whether the allegations be prosecuted under the Unfair Practices Act.
