Española tenant union sues property management company

Apr. 16—The leader of a tenant union at an Española apartment complex lost a recent eviction hearing but vowed 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, formed last year in response to claims of declining conditions and rising costs at the 100-unit complex.

After attempts at negotiations with the property management company and a handful of complaints submitted to the state Department of Justice, Schwaegel and other union members filed a lawsuit, listing Las Lomas Apartments property manager Mary Lewis and another tenant, Chanel Gomez, as defendants.

The complaint, filed pro se in state District Court, claims the management at the complex has violated a host of state landlord-tenant laws in its dealings with Schwaegel and other tenants.

It also alleges Lewis has illegally filed for evictions and other actions without registering with the New Mexico secretary of state. Statements from tenants included with the complaint allege Gomez has intimidated other tenants against joining the union, including at a March rally held outside the complex.

Lewis has declined to comment on allegations from Schwaegel and other tenants in recent months. She did not return calls seeking comment on the lawsuit. Gomez could not be reached for comment.

The lawsuit contains arguments Schwaegel has made in counterclaims against the complex in his recent eviction proceedings, including claims Lewis has applied unfair fees to tenants' accounts and denied them access to their accounts and utility usage information.

An account ledger provided by Schwaegel shows his utility charges at the complex tripled in mid-2023 after the complex began using a firm called Multifamily Utility Co. to calculate water and sewer bills.

The complaint alleges Lewis has kept common areas, such as a playground and fitness area, in an unsafe condition, adding the property manager regularly marks tenants' work orders completed without repairs being made.

"Tenants have also asked to see their water utility usage allocation and bill, to which Mary does not ever comply with tenants' requests," the complaint states.

The lawsuit seeks an order for all former residents in the action "who received an eviction or termination of lease agreements be given the option and consideration to return to the property to reside under the stated conditions of $700 for three-bedroom and $600 for two-bedroom units also for four years."

Schwaegel seeks $75,000 in punitive damages.

The lawsuit comes amid a recent ruling against Schwaegel in which a Santa Fe County Magistrate Court judge ruled the tenant must pay the complex more than $7,000 in back rent or face eviction. Schwaegel alleged the recent eviction proceeding against him was filed in retaliation for his part in organizing the tenant union last year.

During a virtual court hearing April 9, Lewis told the judge the complex was only seeking rental payments and monthly parking fees in the case.

In recent months, Schwaegel had requested to pay a part of the rent balance, with a rental assistance program to pay the rest, but Lewis and others with the property management company denied his request. Lewis told the court the company has a policy against receiving partial rent payments or payments from third parties.

Schwaegel contended such a policy was in place at the complex as he cross-examined Lewis during the hearing. Lewis' attorney pointed out a provision in leases — including one Schwaegel signed — stated partial payments of rent were not acceptable.

"It's what the owner has requested," Lewis told the court. "That is his property, so he can decide that."

The complex filed a rent restitution case against Schwaegel in March after an initial case filed in October was dismissed. During a hearing for the October case, Magistrate Court Judge Morgan Wood told Lewis she had concerns about utility costs being mixed with rent costs in Schwaegel's account ledger.

Schwaegel and other tenants have submitted complaints to the state Department of Justice alleging violations to the Uniform Owner-Resident Relations Act and requesting an investigation of Utah-based Cornerstone Residential and Multifamily Utility Co.

Department spokeswoman Ashley Sterling wrote in an email the department "does not have explicit authority pursuant to the Uniform Owner-Resident Relations Act," but added the agency is still determining whether any of the allegations under the Unfair Practices Act are actionable.