Star-Telegram.com

College's planned dorm in Euless may displace apartment residents

Posted Saturday, Jul. 07, 2012

By Darren Barbee

dbarbee@star-telegram.com

Residents at a Euless apartment complex are being told to get out -- or be put out -- in three days so that a Pentecostal college can turn the units into a dorm.

The residents, some disabled, are being expelled from the Vienna Terrace Apartments, 150 S. Main St., despite being told earlier that they had weeks to leave.

"Most everybody here is on a low income, fixed income, people are on oxygen, handicapped, or they have kids," resident Donald Hines said. If parents "move out of the apartment, the kids have to move to another school."

An attorney working pro bono for at least seven residents says the management company overseeing the forced exodus is violating state and federal law by not giving residents enough notice.

Precious Atlas, a Legal Aid of NorthWest Texas staff attorney, said Dallas property management company Wehner Multifamily is disobeying state and federal laws in an attempt "to put pressure on" residents.

"Most of these individuals don't understand the eviction process in Texas, and they're scared," she said. "They're afraid they're going to be homeless."

No one responded to messages seeking comment from the management company, college or Pentecostal Church of God in Bedford, with which the college is affiliated. A woman at the church would not give the name of its attorney. Wehner's website says part of its philosophy is to "offer our residents the finest in affordable apartment living with excellent comfort, value, convenience and service."

Nevertheless, it's been a topsy-turvy ride for the apartment dwellers.

The complex, with a value of $478,525, was deeded to the college June 20, according to Tarrant Appraisal District records.

Residents said they received notices June 30 that the complex had a new owner and that they had to vacate by July 31. On Monday, they were told they did not have to pay rent.

But on Thursday, Wehner sent letters telling residents to pay rent by 11:59 p.m. or "evictions will be" filed. Residents who paid would get $600 toward rent at another apartment. More incentives were available for those who moved out sooner.

The next day, after most residents did not pay their previously forgiven rent, they received a notice that they would be evicted in three days, residents said.

Atlas said that conflicting information is a sore spot but that the complex was in foreclosure when it was sold to Messenger College, formerly of Joplin, Mo. That triggers protections for the residents. Atlas said that under the Texas Property Code, residents living in a foreclosure must be given 30 days' notice.

She also said federal law mandates at least 90 days' notice to vacate when someone buys a foreclosed property that had been used as a rental.

"They're essentially choosing to disregard the Texas Property Code and federal legislation," she said.

Atlas said she has had no response to requests to speak to the college or its affiliated church.

The college itself was displaced by tornadoes that hit Joplin last year. Messenger is accredited by the Transnational Association of Christian Colleges and Schools and says its students are eligible for federal loans. The college had revenue of $1.5 million and expenses totaling about $9,000 less, according to its most recent tax filings.

Classes will be held at 400 S. Industrial Blvd. in Euless, according to the school's website.

Darren Barbee, 817-390-7126

Twitter: @DarrenBarbee

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