Two San Antonio apartment complexes, Spanish Oaks Apartments and Station at Elm Creek Apartments, are challenging the constitutionality of a new Proactive Apartment Inspections Program and enforcement provisions in the city’s building code. In a lawsuit filed in the 57th District Court, the owners argue that the program and code enforcement provisions violate Texas law and are excessively vague.
Attorney David Dilley, representing the apartment complex owners, expressed concerns about the program’s discretion and potential for fines. Dilley stated that the law allows code enforcement officers to have significant discretion, which can trap property owners in a continuous cycle of fines and inspections they cannot escape.
The Proactive Apartment Inspections Program was approved by the San Antonio City Council in March, following increased attention to properties with multiple citations, like Seven Oaks Apartments. Under the program, apartment complex owners who receive three or more designated citations within a six-month period must register for the program. Once registered, these bad actor landlords must pay an annual fee of $100 per unit and face additional monthly inspections for at least six months. To exit the program, a complex must go six months without receiving more than two citations.
However, the attorney argues that an overzealous code enforcement officer could easily find two violations within six months, extending a property’s commitment to the program. He also raised concerns about the cost of the program potentially being passed onto tenants in the future.
In addition, Dilley highlighted limitations in the appeal process outlined in the city’s program. According to the ordinance, property owners must appeal citations in writing within ten days to the Development Services Department, the same department that issued the citations. Dilley argues that this arrangement does not provide a fair and impartial appeals process.
The city believes that the Proactive Apartment Inspection Code is constitutional and complies with federal and state laws. While the lawsuit has been filed on behalf of two apartment complexes, the city has not yet been served and will review and analyze the challenges raised.
The outcome of the lawsuit could have significant implications for the Proactive Apartment Inspections Program and its enforcement provisions, as well as for the landlords and tenants affected by the regulations. As the case progresses, it will be important to consider both the concerns raised by apartment complex owners and the city’s goal of protecting residents from dangerous living conditions.
