April 29, 2008
Editor's note: Apartment owners released this news release this afternoon, and Mayor John Cook responded with a statement shortly after. The Association lawsuit and request for a temporary restraining order can be found via the links below this article.
The Apartment Association News Release
Officials representing the El Paso Apartment Association (EPAA) and numerous apartment complexes in El Paso County announced at a press conference that they filed a lawsuit against the City of El Paso and the CEO of the Public Service Board (PSB) in the United States District Court today. The lawsuit alleges violations of the Fair Housing Act of 1968, a fee prohibited by the Texas Constitution because it is really a “tax,” and denial of equal protection.
James Martinez, the attorney representing EPAA and others stated, “There was no choice but to file a lawsuit to protect our legal objections to the fee. We are recommending that when the bills are paid, the payment is noted with “PAID IN PROTEST.”
Mr. Martinez explained that bills with fees 3 to 4 times that of single family detached homes have been received by apartment owners. He said that they are aware that after public outcry, the City has indicated that they will “fix” the storm-water fees, but no dates, details, or remedies of their plan have been offered, just as there were no notices of the proposed fees prior to the billing. In addition, the City has indicated that they will not change the way it calculates the fees for apartments with a single, shared meter.
Martinez added that the storm-water system established by the PSB/City unfairly discriminates against certain types of housing. Martinez stated, “The reality is that because renters in El Paso are disproportionately minority citizens, the fee is also discriminatory.”
The EPAA is a nonprofit Texas Corporation and trade industry group, representing owners and managers of 34,000 multi-family housing rental units in El Paso County, Texas. EPAA is an affiliate of the Texas Apartment Association.
The Response from Mayor John Cook
"The city acted legally and appropriately in establishing the Municipal Drainage District so we are confident we can defend it against a legal challenge. Given the fact that the PSB has publicly committed to revisit the fee structure to assure that it is reasonable and equitable, it is most unfortunate that the Apartment Association is acting impatiently."