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At first glance, The Life at Jackson Square in Houston seems to perfectly embody its vibrant name.
According to its website, the expansive garden-style apartment complex features well-maintained courtyards, water fountains, and swimming pools, surrounded by two-story brick buildings. It presents residents with the chance to reside in the esteemed neighborhood of Bellaire, known for its exceptional schools and affluent community.
However, upon a more detailed examination, flaws become apparent in the facade.
Notices demanding residents to vacate their apartments are discreetly placed beneath the silver door knockers. Eviction records dangle from metal door clips, showcasing the unfortunate circumstances faced by the tenants. The hallways bear witness to the remnants of vanished families, with scattered piles of clothing, pots and pans, mattresses, and boxes of diapers. These belongings serve as poignant reminders of what they were unable to take with them.
Jackson Square is a place that simultaneously attracts and discourages people who are captivated by its modest apartments and welcoming surroundings. It serves as the intersection where Houston’s affordable housing and eviction issues converge, creating a problematic area where aspirations for stability and progress are eroded by a relentless business approach and an unforgiving judicial system.
Every Tuesday, when the local justice of the peace court handles eviction cases, The Life at Jackson Square consistently appears on the docket. Over the past year, tenants at this property have faced approximately 500 eviction filings, averaging more than one per day. As a result, this complex, which is owned by Olive Tree Holdings, a private investment company based in New York, has earned the unfortunate distinction of having the highest number of evictions in Harris County.
The company utilizes evictions not solely as a last measure to recover substantial debts or remove problematic tenants, but rather as an automated and effective means to ensure rent collection by leveraging the fear of displacement.
While the pandemic interrupted the pace of evictions, prompting temporary protections and record funding for rent relief, those measures have mostly fallen away and Houston is now experiencing one of the biggest spikes in eviction filings nationwide. The Houston metro area has seen 42% more eviction filings in the last year than a typical year before the pandemic — a historic high for the city — according to data compiled by researchers at Eviction Lab.
According to David McClendon, a researcher at January Advisors, a data consulting firm in Houston, the current situation feels as though the pandemic never occurred and not only have we returned to our usual routines, but there is now an overwhelming surge in evictions.
Renters are thrust into a system of overwhelming eviction filings, which virtually ensures their loss of homes and leaves a lasting blemish on their rental records.
The margins of prosperity
Anthony McDonald and Stalica Munroe were enticed by The Life at Jackson Square from a distance. Its affordable rent and recently refurbished apartments, offering floor plans named after iconic Texan trees such as magnolia, buckeye, and ash, were alluring. Not only was the neighborhood secure, but it also provided the convenience of Bellaire High School, renowned as one of the top public schools in the city, for their twin 16-year-old daughters. It appeared to be the perfect place to establish roots, make progress, and make arrangements for the upcoming arrival of their baby girl in July.
Last fall, the family relocated from the Bahamas to a two-bedroom apartment. Due to Munroe, aged 35, waiting for her green card, McDonald, aged 50, became the sole provider for the family.
McDonald’s income as a sales representative barely covered the monthly expenses. After enduring months of job hunting and depleting savings, it became challenging to afford the rent at the start of each month. Consequently, he managed to negotiate a verbal agreement with the complex managers, allowing him to pay at the end with the inclusion of late fees.
They repeatedly claimed to have paid rent in this manner without any problems for several months.
However, the illusion of The Life at Jackson Square quickly vanished when sewage began to seep through their kitchen sink, exposing the fact that their ground-floor apartment was infested with mold. Additionally, one of their daughters fell ill with a respiratory infection. Despite repeatedly reporting these issues to the management, it took weeks before any action was taken. Eventually, their living room floor and a section of the wall had to be completely ripped out and redone.
The couple requested to transfer to a different unit, but were informed that none were currently vacant. However, they couldn’t help but notice numerous units that seemed unoccupied, as evidenced by the presence of crumpled eviction notices that had been hanging on the doors for several weeks.
The Life at Jackson Square provides a rare opportunity for affordable living in the western region of downtown Houston. Spanning approximately six neighborhood blocks in the Meyerland neighborhood, on the outskirts of Bellaire and its million-dollar homes, this 1,326-unit complex was constructed over a span of several years, beginning in 1968.
The people who live there exist on the fringes of prosperity.
A significant portion of the apartment complex is located within a census tract characterized by a poverty rate exceeding 25% among children. The majority of families residing there earn an annual income of less than $50,000. Additionally, the demographic makeup of the area primarily consists of Latino and Black individuals, in contrast to the surrounding census tracts which exhibit a disproportionate representation of white residents.
Olive Tree Holdings, a private New York-based investment firm founded in 2017, expanded its portfolio in December 2021 by acquiring the property. The firm has a track record of flipping apartment complexes in what it refers to as “dynamically growing markets.”
In Atlanta, for example, the company redeveloped and sold nine properties in 2021 and 2022, turning a profit of 74%, or $137 million, within four years, according to an investigation by the Atlanta Journal Constitution. With a portfolio valued at $2 billion, Olive Tree’s website touts a 22% average rent increase at its properties to prospective investors.
The Life Properties, which manages properties for Olive Tree, runs apartment complexes in eight states and is rapidly expanding in Texas, with 10 complexes in the Houston area and another in Fort Worth.
During an interview, Jamin Harkness, the president of The Life Properties, outlined the company’s dual objectives of maintaining affordable housing and enhancing property value. Harkness mentioned that following the renovation of numerous units and the addition of amenities such as a playground, it is probable that Jackson Square will be put up for sale.
He stated, “We have actively embraced this community in order to bring about significant positive changes. As a result, two things occur: our investors gain profits, and we establish a more improved community for all.”
This year, the appraised value of Life at Jackson Square has surged from $67.1 million in 2021 (at the time of Olive Tree’s purchase) to a staggering $106.1 million.
Simultaneously, there has been a significant increase in eviction filings at the complex. Prior to the pandemic and its acquisition by Olive Tree, there were 142 eviction cases filed throughout 2019. However, within a single year following the change in ownership, the number of evictions has nearly tripled, reaching close to 500.
If individuals fall behind on rent, the company utilizes an automated eviction process that offers minimal flexibility, leaving those who are already on the brink with limited options.
Harkness expressed their dislike towards the eviction process, stating, “It’s unfortunate that we have to go through this, but it is necessary for us to maintain consistency.”
Like many large property owners, The Life Properties outsources the eviction process to a company that handles everything from issuing notices to appearing before the judge.
According to Harkness, tenants who fail to pay the rent by the third of the month will be denied access to the online payment portal. Subsequently, they will receive a notice on their door, granting them a three-day period to vacate the premises.
He stated that on the 10th of the month, an eviction notice along with a court date is dispatched to individuals who have not yet paid or vacated the premises.
Although property owners frequently describe the eviction process as a final option that is both expensive and time-consuming, the act of filing multiple eviction lawsuits at once does not significantly impact the financial standing of a corporate landlord. In Harris County, for instance, each filing costs $129 and an additional $75 for each defendant, which minimally affects the overall profits of the landlord.
Peter Hepburn, a researcher at Eviction Lab, a data center at Princeton University, explains that in many areas, particularly those with streamlined and affordable eviction procedures, landlords can easily initiate an eviction case as soon as rent payments are overdue.
According to data from Eviction Lab, at The Life at Jackson Square, fifty households have faced multiple filings, with some experiencing up to seven in the past year. In such cases, tenants are obliged to bear the financial burden of their landlords’ court and attorney fees, which can amount to hundreds of dollars, regardless of whether they settle their dues or ultimately face eviction.
“This is not just about collecting rent, but also about accumulating late fees and having the tenant cover the filing fee for the case. Additionally, it will make it more difficult for the tenant to relocate, as finding a new unit will be even more challenging,” Hepburn explained. “This is the essence of our business model.”
The ease of this process has enabled Houston’s eviction filing rate to rise to 10% — meaning one eviction has been filed for every 10 renter households in the past year — close to double the rate of New York City, according to Eviction Lab.
According to Harkness, the size of The Life at Jackson Square is the reason for the significant number of evictions. However, in the past year alone, the number of evictions filed there is equivalent to over 1 in 3 of its units, resulting in a filing rate of approximately 37%. This rate is considerably higher than the average eviction rate in Houston.
In mid-March, Munroe found herself alone at home when an unexpected knock on the door startled her and her family. An eviction notice was handed to her by a deputy constable, summoning both her and her husband to appear in court. Despite their conviction that they had made a verbal agreement to pay their rent at a later date, they were being forced to leave with no apparent prior warning.
Munroe felt overwhelmed at the prospect of locating a new place to live, managing the expenses of moving, and potentially disrupting her daughters’ education. These challenges were compounded by the fact that she was six months pregnant and in the midst of her immigration process.
She and her husband believed there was a misunderstanding at first. However, when they approached the management to resolve the issue, McDonald informed them that the sole way to have the case dismissed was to cover the court filing fees in addition to the rent. This demand felt unjust to them.
In hopes of finding a compassionate judge, they opted to take their case to court.
“I may not have much money, but I do have enough to cover the rent,” McDonald expressed, seated at his dining table the night before their eviction hearing. “Which judge would allow such an injustice to be done to someone?”
The eviction machine
Judge Israel García’s courtroom doors swung open just as the sun peeked over the horizon, situated a mere three miles away from The Life at Jackson Square.
García faced a total of 367 eviction cases on this balmy Tuesday in April.
Tenants who arrived wearing open-toed shoes or shorts were denied entry due to García’s courtroom dress code. Consequently, they missed the chance to present their cases unless he postponed them.
Munroe and McDonald, having arrived ahead of time, took seats together towards the rear. The six rows of wooden benches were occupied by attorneys, landlords, and tenants who patiently awaited the commencement of the proceedings promptly at 8 a.m.
In the hallway, additional individuals were either propped against walls or squatting on the floor. Some children were nestled on laps or comfortably seated in strollers, patiently anticipating the moment when their names would be announced.
García, a Democrat, took office in January 2021 as one of two justices of the peace in the 5th precinct, which covers a vast population of over a million residents in west Harris County. Prior to his election, García served as a private attorney for 28 years. Despite being a newcomer, García now handles the largest eviction docket in the county, a responsibility previously held by a long-standing Republican judge whom he defeated in the election.
During the initial seven months, he implemented a temporary halt on eviction hearings, citing the ethical issue of displacing individuals from their residences amidst a pandemic. Additionally, he emphasized the importance of judges assisting tenants in accessing financial assistance.
“The normal run-of-the-mill eviction, I don’t believe it should be happening,” García told Houston Public Media the month after he took office. “For the court to not even offer you the basic courtesy of a remedy that is there is very shocking. It’s just very painful to see.”
In July 2021, when García started presiding over eviction cases again, he extended a warm welcome to legal aid workers from the University of Houston. These dedicated individuals played a crucial role in preventing unlawful evictions by utilizing moratoria and diversion programs. Additionally, García mentioned another group that swiftly distributed rental assistance checks to both landlords and tenants during the hearings.
However, as the urgency of the pandemic diminished and rental assistance dried up, along with the expiration of other protective measures, García’s courtroom transformed into a stark representation of Houston’s burgeoning eviction system.
He began to accumulate a large number of cases. Currently, it has become common for him to handle 300 or 400 eviction cases every Tuesday. On Valentine’s Day, he had a staggering 444 cases to tackle.
He showed no interest in facilitating the connection between tenants and lawyers from Lone Star Legal Aid for several months. Lone Star Legal Aid had taken over from the University of Houston and would frequently set up a table at the courthouse, offering free legal representation to tenants. The relationship between them deteriorated when the lawyers filed multiple mandamus suits against García, seeking a higher court’s review of evictions that they believed he had wrongly authorized.
In one such case, a county judge found García had improperly directed a constable to evict a tenant instead of freezing the case for 60 days, the Houston Chronicle reported last July.
García moved legal aid workers to a cramped vestibule lacking air conditioning, situated between two sets of automatic sliding doors at the entrance of the building. This location was distant from the side door typically used by tenants. Additionally, when the workers attempted to arrange their workspace inside the building, García personally intervened and relocated their table.
García recently expressed that they are aware of my discontent towards them, as well as my lack of tolerance for their actions. They are also aware that I am closely monitoring their behavior. However, it should be noted that legal aid is commonly present in other courts, although they may not have sufficient resources to cover every case.
In April’s morning, García walked into the courtroom, donning black robes that accentuated his towering 6-foot stature. He also wore an ivory cowboy hat, which he carefully placed on a hat stand before settling into his seat.
Approaching the bench, an attorney carrying a hefty pile of manila envelopes engaged in a familiar rapid-fire exchange with the judge, going through the list of cases.
John Burger, an attorney, is a familiar face in the eviction courts of Harris County. He represents a firm that deals with eviction cases for property owners statewide, including the company that owns The Life at Jackson Square. In each case, a clerk would repeatedly call out the tenant’s name thrice, but more often than not, there would be no response, resulting in a straightforward victory for the landlord.
In the morning session, The Life at Jackson Square presented six cases on the docket, all involving tenants who were being pursued for eviction due to one month’s unpaid rent. Specifically, one tenant was indebted with a total of $770, while another owed a sum of $924.
Jacqueline Shavers, who owed $990 and was facing eviction, was summoned by the clerk. She stood before the judge on her own, donning a red hoodie with long sleeves that nearly concealed her hands. Standing side by side with Burger, who was impeccably dressed in a suit, blue dress shirt, and a red striped tie, she awaited her fate.
Shavers stood nervously, her fingers tightly interlocked behind her back, as she quietly revealed that her mother had passed away. Despite being granted only a few days of bereavement leave, she found it challenging to cope with her grief and subsequently missed several shifts. As a consequence, she tragically lost her job and fell into arrears with her rent.
According to her, she had submitted an application to the state rental assistance program but had not received any response. Despite her attempts to negotiate with management, they proceeded with the eviction process.
Despite the distracting noise of the air conditioner, García leaned in attentively to listen to her story. However, being an experienced judge accustomed to hearing numerous accounts each week regarding job losses, family bereavements, unforeseen illnesses, and various other misfortunes, he honed in on the aspects that held significance from his perspective: specifically, whether she had fallen behind on rent as stated in her lease and whether she had been duly notified to vacate the premises.
In the event this occurs, the ultimate decision lies with the landlord according to Texas law.
Burger mentioned that on certain occasions, he is willing to drop or postpone a case. For example, if the tenant can provide evidence of rent payment or if the landlord is involved in rent relief and consents to extending the deadline. He recently postponed a hearing when a pregnant tenant in Dallas went into labor while standing in front of the judge.
But Shavers’ appeal made no difference.
“I had a tough time in March,” she murmured in the hallway, after Burger proceeded with the eviction. Not only was she burdened with unpaid rent, but she also faced the additional expenses of attorney and court fees. With just five business days left, she had to scramble to find a new place to live before law enforcement intervened, evicting her and seizing her belongings. “I’m at a loss; I have nowhere to turn,” she lamented.
As their neighbor left the courtroom in tears, McDonald and Munroe attentively observed. Earlier that morning, they had received a summons for owing $1,067. When their turn to approach the bench arrived, they approached together, and McDonald proceeded to elucidate their predicament.
García attentively listened and then redirected his attention towards Burger. “Are you inclined to grant them additional time or proceed ahead?”
“Hell over your head”
Unlike in criminal court, people facing eviction in Texas don’t have a constitutional right to a lawyer. Fewer than 2% of tenants in Harris County had representation last year, according to January Advisors, leaving the minority of tenants who show up to court confused about how the process works and what limited rights they have.
Tenants in Texas are not allowed to withhold rent in cases where landlords fail to make necessary repairs. Furthermore, there is no grace period mandated by the state within which landlords must accept late rent before initiating eviction proceedings.
Eric Kwartler, an attorney at Lone Star Legal Aid who has advocated for tenants facing eviction in various courts within Harris County, expressed that many individuals struggle to comprehend why the circumstances leading to unpaid rent are irrelevant. In Texas, this lack of understanding persists because the state’s laws do not consider the underlying reasons for rent non-payment. Whether it is due to job loss, COVID-19 impact, or any valid explanation, the legal system in Texas remains indifferent. Consequently, lawyers like Kwartler resort to employing legal tactics and identifying loopholes to alleviate eviction cases and identify instances where landlords may have erred.
In downtown Houston, just ten miles east of García’s courtroom, Judge Steve Duble has adopted a distinct strategy, aiming to shift the balance of power.
A Democrat elected last fall in Precinct 1, he ran on an eviction diversion platform. “The bottom line is that while a JP must follow the law, there is a lot they can do to help people in need and protect the community,” Duble said last year in an interview with OutSmart Magazine.
Upon assuming office, he promptly emptied an antiquated storage closet brimming with Christmas ornaments, repurposing the area into meeting rooms that legal aid lawyers currently utilize for conducting interviews with tenants. He fervently advises all tenants to consult with these professionals prior to their legal proceedings and wholeheartedly advocates for amicable negotiations between landlords and tenants.
When Duble started presiding over cases last Thursday, the proceedings were noticeably slower compared to García’s court. This is partly due to smaller dockets, which typically range from less than a dozen to 50 cases, but it is also intentional.
On that day, a small number of tenants approached him, accompanied by lawyers from the University of Houston’s legal clinic. Among them, one landlord claimed that they were not accepting rent relief, but a lawyer was able to demonstrate that they had not officially declined it. Following some negotiation, Duble decided to postpone the eviction of three tenants.
Occasionally, tenants require just a little extra time to gather the necessary funds or locate an alternative dwelling.
According to Kwartler, the legal aid attorney, the most crucial aspect of being a JP is active listening. He emphasized that while adhering to the law is undeniably crucial, it is imperative to prioritize listening in order to effectively follow and apply the law.
Unless there are modifications made to Texas eviction laws, Kwartler asserts that there are two partial remedies to the ongoing crisis in Houston’s courts: providing financial assistance for rent and legal representation.
However, not all judges are as understanding as Duble. Lone Star Legal Aid had to stop their presence at García’s courtroom due to the strained relationship with the judge, which hindered their progress, according to Kwartler. Another legal aid organization has now taken their place and García claims to be more receptive towards them.
The consequences of their absence are evident. Just a few weeks ago, a single landlord at García’s court had a staggering 38 evictions scheduled.
A total of 31 cases were won by default as the tenant failed to appear. Additionally, the landlord had two cases dismissed. Four tenants presented their cases before the judge without legal representation, unfortunately resulting in their loss.
However, when the final tenant, who enlisted the assistance of legal aid, came forward alongside Kwartler, they emerged victorious and the case was dismissed. Kwartler uncovered that the landlord had failed to stay current on their franchise taxes, rendering them unable to legally carry out any evictions.
“It’s crucial to have legal representation,” he emphasized. “Granting individuals sufficient time to access legal aid and permitting the presence of legal aid personnel in court truly yields a significant impact.”
The hammer of eviction does not fall equally: About a quarter of all renters in Houston are Black, yet they made up 48% of defendants in eviction court over the past year, according to Eviction Lab.
Regardless of whether the case is dismissed or the tenant emerges victorious, the repercussions of an eviction filing have enduring effects. The renter’s history becomes permanently tainted, visible in the screening software used by landlords, thus posing difficulties for families in securing secure and affordable housing in the future.
Tenants with an eviction record often face additional charges when moving into properties that are willing to accept them.
Texas Supreme Court Chief Justice Nathan Hecht, a Republican who spearheaded the nation’s inaugural eviction diversion program in early 2021, expressed the importance of informing fellow landlords about delinquent tenants to prevent similar mishaps. However, he also noted the injustice of burdening individuals who have encountered difficulties and are actively striving for improvement with a lifelong stigma.
On to the next
Despite Munroe and McDonald’s plea in front of García, the attorney representing The Life at Jackson Square encouraged them to have another conversation with management, but ultimately proceeded with the eviction.
García approved it, extended his best wishes, and proceeded to the following case.
If the couple, their children, and their belongings were not already out in five days, the property had the option to file a writ of possession. This legal action could result in their forcible removal within a few weeks, all due to what they perceived as a minor misunderstanding.
Exiting the courthouse, the couple stepped into the radiant sunlight.
Initially, their sense of relief washed over them. The rapid courtroom exchange, coupled with the lack of thorough explanation, led them to mistakenly perceive that the verdict extended their timeline by an additional five days until the eviction became official.
Afterwards, a sense of indignation washed over them. They had grown tired of The Life at Jackson Square. Munroe planned to search for alternative apartments later that day, despite the fact that everything appeared to be pricier than their current rent.
After the hearing, they sat around their kitchen table for about an hour, ultimately deciding that it would be best to remain in their current place until their lease expires in August. Moving out would incur additional expenses, and they were not keen on having to justify their urgency to prospective landlords in search of a new home.
McDonald expressed his disappointment, stating, “I had planned to furnish our place this month, but out of nowhere, we’re hit with this situation.” He couldn’t comprehend why management chose to evict them rather than accepting a delayed rent payment.
“It doesn’t matter,” he said, “whether you can earn money in the U.S. or have income here.”
In the morning, they exited the front office of The Life at Jackson Square, relieved to have a cashier’s check that would allow them to remain in their apartment. The management had kindly provided them with a yellow sticky note, clearly stating the amount owed – a total of $2,606.61 for both March and April rent.
Their faces were finally filled with relief, yet little did they know that the judge’s ruling that morning would haunt them indefinitely.
At another location on the premises, the daily activities proceeded as usual. Approximately at midday, a deputy constable arrived at The Life at Jackson Square, ascended to a second-floor apartment, and confidently tapped on the door.
The day before, the family, consisting of a young couple with a 4-year-old and a baby, swiftly loaded their possessions into a compact U-Haul and departed, leaving no response behind.
After completing the eviction process, the constable affixed a writ of possession onto the door and returned to her patrol unit.
“Let’s move on!” she shouted to the property management workers, as they swiftly hopped onto golf carts and guided her further into the complex.
In a well-practiced and unwavering routine, the crew seamlessly transitioned from one unit to another.
Outside apartment 393, lay the remnants of a family’s existence in disarray: a queen and two twin mattresses. A set of end tables, adorned with a blue velvet couch. An overflowing plastic bin housing an abundance of women’s shoes. A glass dining table, accompanied by a wooden vase displaying artificial orchids.
The neighbors, who witnessed everything unravel before their eyes and subsequently gathered to sift through the wreckage, perceived this as yet another typical week of The Life at Jackson Square.
Lucy Tompkins works for the Tribune as a housing and homelessness reporting fellow through The New York Times’ Headway Initiative, which is funded through grants from the Ford Foundation, the William and Flora Hewlett Foundation and the Stavros Niarchos Foundation (SNF), with Rockefeller Philanthropy Advisors serving as a fiscal sponsor.
Disclosure: Houston Public Media and University of Houston have been financial supporters of The Texas Tribune, a nonprofit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters play no role in the Tribune’s journalism. Find a complete list of them here.
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