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The City of South Tucson is addressing tenant rights through the implementation of a Neighborhood Preservation Act, which is meant to improve the livability of neighborhoods and protect residents.

The program allows the city to declare a residence a slum property if there are three or more violations of the guidelines outlined in the ordinance, including unsound structures, a lack of potable water, inadequate sanitation facilities, hazardous electrical systems or gas connections, and more.

“The renters have state law protections, but oftentimes they're going up against a landlord who has lawyers and money,” Joe Paladini, an attorney for the city, said during last Tuesday’s meeting. “This is a program to help them, especially if they’re lower-income folks.”

The Act is meant to protect tenants from landlords who don’t address issues within their properties, which is their legal obligation. The goal of the program is to achieve compliance and clean up the neighborhood, creating a more livable community.

The city council ordered staff to get to work implementing a program that would allow for immediate enforcement of the ordinance.

Under the act, the city will be able to conduct both interior and exterior inspections in order to declare the property a slum. While a neighbor or pedestrian complaint can prompt an exterior inspection, interior inspections require an invitation by the tenant.

If the owner fails to correct a violation in a timely manner, they’ll be fined an initial $1,000 penalty and an additional $100 each month the issue goes unaddressed. The fine is also assessed per unit, meaning that in larger complexes, costs could quickly multiply.

The hope is that the fines will incentivize the landlord by making it more economical to fix the issue than pay an accruing fee.

The NPA has been a city ordinance since 2008, but enforcement has been a matter of resource allocation, according to council member Brian Flagg.

City Manager Veronica Moreno said the program requires the creation of a code enforcer, which can be someone already employed by the city, like a member of the police department, city attorney staffer, or someone within another department.

The person will need to familiarize themselves with the city codes in order to inspect homes, with Pima County also offering the service on select days of the week.

Paladini said that while the program costs money, it is “relatively a non-level cost compared to the potential benefits.”

The city will begin rolling out program details to residents in upcoming weeks.

This recent crackdown on tenant rights is not an independent action. Last year, the city took legal action against Brian Bowers, owner of AM Family Properties LLC and Turino Avenue LLC, the companies that manage the Spanish Trail Apartments and 6th Avenue Suites. Both properties have higher than average crime rates and were the sites of frequent police activity.

The city’s lawsuit sought a court order for Bowers to correct problems or face contempt charges and potential criminal citations. Bowers was ordered to take steps to lower the crime rate, including installing fencing, lighting, signage, and video surveillance.

“They initially did everything they were supposed to do. Now, has that been maintained? I don't know for sure,” said South Tucson Police Chief Danny Denogean. “I know the police call load over there has decreased over the last six months, (but) we still get violent crime there.”

Bowers is one of the main drivers for the enforcement of the NPA, at least for some of the council members. Flagg, Mayor Roxanna Valenzuela, and fellow council member Cesar Aguirre have vocally opposed Bowers’ presence in South Tucson.

“It really is the issue of the town and needs to be dealt with,” Flagg said. “That's why we're on the city council, that's why we're elected officials: To lead, to provide leadership and to get rid of the worst slumlord, which really extremely affects the quality of life here in South Tucson.”

Bowers did not respond to Tucson Spotlight’s request for comment but told KGUN’s Reyna Preciado last April that Flagg, Aguirre, and Valenzuela’s ties to local soup kitchen Casa Maria is a conflict of interest in their role as city council members.

While neither property has been designated a slum, several residents of the Spanish Trail Motel and 6th Avenue Suites have spoken at recent city council meetings about their concerns and shared their experiences living on these properties.

At a meeting last May, Spanish Trail resident Elizabeth Chaboya talked about cockroaches, a rabid mice infestation, and asbestos on the property.

Ashley Clark, another Spanish Trail resident, told council members about the property’s non-functioning air conditioning, lack of doorknobs, and drug deals that take place in the open. Clark said she can’t talk to Bowers because he gets mad and irrational when approached by tenants about issues on the property.

Nicholas Bruno, a Tucson Tenants Union member who is not a resident at either property, recounted an experience where Bowers became aggressive and chased him off the property.

At a June meeting, following a death on one of the properties, resident Glenda Avalos called for more accountability.

And just two weeks ago, a shooting was reported at one of the properties, according to Denogean.

“(Bowers) probably comes to South Tucson because you can get away with anything in a poor community, compared to in the foothills where he lives in a gated community,” Flagg said. “(He is) totally deteriorating the quality of life in our barrio.”

Paladini noted that the Neighborhood Preservation Act is a citywide program and “not aimed at just one landlord,” saying he suspects many smaller properties also have similar problems.

The council hopes that the enforcement of the act will be a step in the right direction to make South Tucson a safer, more vibrant community. There will be biweekly check-ins on its progress during city council meetings.

Other meeting actions included:

• The city council unanimously approved a consulting contract regarding how the city should spend the $6.1 million in fire department funding raised through a proposition passed by voters in November. The consultants are John Flynn from Policy Logic, LLC and David Christian, the current financial director for the Golder Ranch Fire District in Oro Valley. The two will offer their expertise and advocate on behalf of the city. 
• Police Chief Denogean updated the council on the police department’s efforts in combating issues of homelessness and drug use, especially fentanyl. He talked about two recent deployments, where officers performed sweeps in different parts of the city. Between the January 27 and February 12 sweeps, the department made 23 arrests that included six felony charges. Denogean said that despite low staffing, the department responds to every call, adding that he’s hoping to soon have four full-time police officers on staff.

Susan Barnett is Deputy Editor of Tucson Spotlight and a graduate student at the University of Arizona. She previously worked for La Estrella de Tucson. Contact her at susan@tucsonspotlight.org.

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