Dallas Hero Decides Against Illegally Evicting Poor a Week Before Thanksgiving

Categories: Housing

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Town Creek Condos
There are heroes all around Dallas. Today, let's highlight the work of Ari Nessel, a developer who has decided against suddenly evicting all the residents of a Lake Highlands condo building he recently purchased.

"Tremendous progress has been made, and it's because of the pioneers like Mr. Nessel," Dallas City Councilman Jerry Allen told the News on Friday after Nessel apologized to residents for the notices they received on their door last Monday saying that they would have to face a judge in eviction court if they didn't move out in three days.

"First of all, I want to say I was out of town when this all happened," Nessel said when reached by telephone Sunday. "I was on a meditation retreat." He added that a local justice of the peace, though he wasn't sure which one, reviewed the eviction notices before they went out.

Residents of the Town Creek Condos say they found out they were about to be kicked out from a note left on their door. According to the Texas Tenants' Union, the note did not accuse residents of breaking their lease or doing anything wrong. The notices were left by an employee of the the building's new property management company, who was accompanied by officers from the Dallas Police Department. The police were there because "there's been a lot of drug dealing and violent crime at the property," Nessel says.

Rena Hanse, one of the property managers, originally defended the eviction to NBC News in the sleek, positive language of corporate advertising: "I wanted to get something out that would hit people very hard but would get the conversation started," Hanse said. "The sooner we start the conversation, we can get them relocated."

Coincidentally, that strategy also is popular among terrorist organizations.

See also: A South Dallas Apartment Owner Evicted All His Tenants, Leaving Many With Nowhere to Go

Instead of participating in that "conversation," the residents showed the notices to the Texas Tenants Union. The advocacy group determined that nope, nothing about the evictions were legal. Under Texas law, a landlord can only evict someone in three days if the tenant is specifically accused of breaking their lease. But if a Texas landlord wants to kick tenants out for a reason that's not their fault, (in this case, to renovate the building), the tenants are supposed to get at least a 30-day warning, according to Texas property law and general human decency.

Reporters descended on the apartment complex last week and interviewed residents about what it's like to find a new place to live in three days in the middle of November. The general consensus is that it sucks.

But on Friday, the negative publicity finally came to an end. Nessel apologized to the residents and promised to help them find new homes. And they can now stay longer than three days, though the renovation is going to happen soon. About 20 residents have made contact with the property management company so far seeking help, Nessel says. "Everything's going to be done mostly on a case-by-case basis."

What will happen to the condo building after it's renovated? It's going to charity. "The intention is to renovate the property and upon renovation donate it to charity," Nessel said. Asked which charity, he said that, "it would most likely be donated to the Pollination Project," the charity that Nessel founded and that he currently sits as a board member on.

If you donate a building you own to a charity you founded, aren't you simply donating to yourself? "I think you're taking a very cynical approach," Nessel said when I pointed out the potential conflict-of-interest.

In addition to the local justice of the peace and the DPD, Nessel says that his development company also has been working with the city of Dallas community prosecutor and the Lake Highlands Public Improvement District throughout his acquisition of the building. In fact, he says the Dallas community prosecutor's office has been involved since August, when he was first in talks to buy the condos.

And so, as the temperatures drop to freezing outside and as the holidays fast approach, the residents, some of whom received Section 8 housing assistance, should remember to be thankful not just for Nessel but for the city of Dallas, which has apparently been complicit in nearly kicking people to the curb in less than a week until others pointed out that you're not allowed to do that.

Send your story tips to the author, Amy Silverstein.


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33 comments
rhgrey
rhgrey

As the person assisting and working one-on-one with the residents of Town Creek Condominiums, I want to offer some up-close and personal insights on what has been going on with this very difficult situation.

When Nessel Development acquired the crime-ridden and dilapidated Town Creek complex on November 14, my management team was astonished at the previous owner’s shoddy record keeping, which made it impossible to determine which residents had actual lease agreements, which residents had been paying rent, and which ones were squatters.  We determined that the Dallas Housing Authority had stopped paying Section 8 rent months ago on about 20 units that were in such poor condition they could not pass inspection. Nessel also settled a $98,000 lien by the City of Dallas against the property for the previous owner’s failure to pay the water bill and is seeking to determine the status of electricity from Oncor, which has removed a number of meters from the property due to persistent non-payment problems and theft of electricity by residents and the previous owner.

The initial 3-day notice to vacate, a standard legal document drafted in coordination with the City Attorney's office and the Justice of the Peace, was the recommended first step of a much lengthier process to determine which residents were legitimately living in Town Creek and to eventually vacate the run-down property for renovation.

I personally delivered 58 notices on November 17 to all occupied Town Creek units, according the rent roll spreadsheet provided by previous owner. I then delivered another 23 notices on November 18 to units listed on the rent roll as being vacant, but which showed signs of being occupied.

It is important to note that of the 89 condo units acquired by Nessel Development two weeks ago, only ten residents can verify that they paid rent for November and only a handful have a valid lease agreement. This is a very difficult situation for a lot of people.

The good news is that since those 81 notices were delivered last week, all but 13 residents have been in touch with me. I am working with each one individually and coordinating with the Dallas Housing Authority, nearby multifamily properties, the City Attorney’s office and the Lake Highlands PID in order to help those residents relocate. Nessel Development, as has been its standard practice, has offered to pay the relocation expenses for those residents who have legitimate lease agreements and are current on their rent. Those residents with current leases who do not wish to leave will be invited to be part of the massive renovation project that will begin in the near future.

As of today, 31 of the residents have agreed to relocate, most of them by the end of the year. We will continue to help those residents find a new place to live, so Nessel Development can begin the process of restoring and revitalizing the complex. When complete, Town Creek will once again be a safe, high-quality and family-friendly community for residents and a benefit for the greater Lake Highlands neighborhood. It will then be donated by Ariel Nessel to provide a reliable, ongoing revenue stream for a yet-to-be-determined charity.

BigDeets
BigDeets

Things get more interesting. Just claiming a property is owned by a charity does not make it so. It does not appear this property is owned by a charity.

https://roamdallaspropertyrecords.com/ailis/search.do?indexName=dallasdetails&templateName=default_mobile&lq=Instrument%3A"201400294188"

The property seems to be owned by an entity named Dana Paramita, LP. The General Partner of the LP is Dana Paramita GP LLC. The Manager of the General Partner is, that's right, Arial Nessel. The individual.

Not a charity in the bunch. No Pollination Project. Nothing. Just a guy, buying some cheap condos from a bank.

BigDeets
BigDeets

Well now THIS is interesting. According to this IRS tax return the only asset owned by the Pollination Project is an apartment building at 12700 Shaker Blvd. in Cleveland. Well, except for $245,000 from Mr. Nessel (listed as a LOAN and not a donation). http://www.guidestar.org/organizations/46-0675457/pollination-project-foundation.aspx

It's been so-owned since 2004 and is at least 2 years delinquent on it's property taxes.

http://fiscalofficer.cuyahogacounty.us/auditorapps/real-property/repi/taxbill.asp

What's so great about THAT?

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

Hey, Ariel, you paskudnyak.  Remember, "if you have a shanda fur die goy, that means that you fuck up in front of non-Jews, thus embarrassing your entire people."

IMHO
IMHO

"And they can now stay longer than three days, though the renovation is going to happen soon. " ... it seems to me that Nessel still doesn't understand his legal obligation to honor leases that might go beyond his time frame of renovation.

I think the Texas Tenants Union will be the recipient of some of my charitable giving this years' end ... as an offset against ass-hats like Nessel.

RTGolden1
RTGolden1 topcommenter

At first, I was hard-pressed to find a reason for your apparent animosity towards the Pollination Project.  Seems to be a worthwhile charity, the granting of seed grants for projects seeking social change and empowerment.  The list of directors seem to check all the progressive boxes: Women's empowerment, Animal advocacy, all the earthy green causes, legal representation of the poor, etc etc.  Why on earth would you seek to malign a founder and director of such a group?  Surely you can't really be so obtuse that you would think there is a conflict of interest when donating to one's own charity?  What do you think founders of charities do?  I mean, when they found the damn thing in the first place?  They DONATE of their time, money and resources to get the thing up and running.  And if YOU don't think the charity YOU founded is worth donating to, why on earth would you found it at all?

Then I saw it, subtle but commanding.  This charity and the other works of the directors are pretty much aimed at helping people help themselves, at helping others reduce people's reliance on government handouts.  Obviously against the UP creed.

Perhaps a simple question to have asked would have been: "Ari, did you direct the property manager to post a 3-day eviction notice, or did she do so on her own accord?"

ozonelarryb
ozonelarryb topcommenter

The JP should be outed and put in the stocks.

Retard.

dougindfw
dougindfw

If you're too poor to attend a meditation retreat please check out Ari Nessel's writings at The Huffington Post. Spoiler alert - a man named Jingles changed his life.

dougindfw
dougindfw

If you're too poor to attend a meditation retreat Ari Nessel's wisdom can be found at the Huffington Post.

holmantx
holmantx topcommenter

Ari sounds like the President.  


outraged as soon as he found out.


But they still have to get out, which was the purpose of the 30-day notice.

troutforbrains
troutforbrains

@BigDeets He hasn't donated it to himself yet. That will come AFTER he kicks these people out and renovates it. THEN he will dodge his taxes...errr...become a philanthropist.

JFPO
JFPO

A rich philanthropist dodging his taxes? The hell you say! I'm sure this latest "donation" is in no way part of a larger tax dodging scheme.

fred.garvin.mp.713
fred.garvin.mp.713

There may be a loophole for "renovations," but I'm no lawyer. A friend of mine paid his deposit, paid his rent, moved into an apartment uptown, and two weeks later was told he had to move because the apartment was being renovated.

I was renting a shitty efficiency in the gayborhood and we all got a notice to move at the end of the following month (I'd already paid the next month's deposit), and we were told there would be no pro-rated refunds. On top of that the landlady was taking in new renters right up until we got the notice.

observist
observist topcommenter

@RTGolden1  He's a genuine philanthropist - he's giving the tenants a chance to help themselves by finding new apartments under duress during the holidays... and they thank him by taking him to court?  People nowadays - such ingrates!

TheCredibleHulk
TheCredibleHulk topcommenter

@RTGolden1

The name of and Nessel's relationship with PP is are both pertinent facts related to this story. I see no reason not to ask the questions.

I find it more interesting that Nessel's involvement with PP was not pointed out in the DMS's coverage of this matter.

riconnel8
riconnel8

@Myrna.Minkoff-Katz  He was run out of California and Ohio and now he's beginning  what will probably be a long time love affair with the city of Dallas.  He finally found a home.

drockman
drockman

@troutforbrains @BigDeets

You two clowns enjoy putting down philanthropists for fun?  Last time I checked you don't need to donate a property in order to buy and renovate one.  But because he is donating it, you scrutinize him and talk a bunch of mess about him.  You two are either super-skeptical people or you hate the fact that someone is doing good things in this otherwise dog-eat-dog country we live in.  Either way ya'll need therapy.  Troutforbrains - he's not becoming a philanthropist.  Chk out his website http://thepollinationproject.org/   Looks like he's been donating $1,000 a DAY for quite a while now.  What've you done lately??  

IMHO
IMHO

@fred.garvin.mp.713 If the landlord decides to renovate an apt that has a lease on it, I suspect that most standard lease agreements would require that he/she provide you with alternative living arrangements. What I suspect is happening here is that Nessel is using the guise of renovations to get the tenants out so he can slap on some low cost updates and get new tenants in paying higher rents.

RTGolden1
RTGolden1 topcommenter

@Myrna.Minkoff-Katz @RTGolden1 Thank you Myrna, THAT did, in part, answer some part of my question.  Seems the erstwhile Mr Nessel may be the scoundrel he is made out to be. 


Couldn't pick a better week to have to eat crow.  A big ass crow, with all the trimmings.

RTGolden1
RTGolden1 topcommenter

@observist @RTGolden1  "I wanted to get something out that would hit people very hard but would get the conversation started," Hanse said. "The sooner we start the conversation, we can get them relocated."

Hanse, the property manager, oftentimes a separate entity from the building owners, is quoted in the article, owning the eviction notices.  My question, had you bothered to comprehend instead of look for something to snark at was: 

 
"Ari, did you direct the property manager to post a 3-day eviction notice, or did she do so on her own accord?"

Did Nessel direct the eviction notices, or did the property manager issue them herself?  Before you heat up the tar and gather the feathers, you might want to be sure you've got the right target.

RTGolden1
RTGolden1 topcommenter

@TheCredibleHulk @RTGolden1 I didn't question the inclusion of nessel's relationship with PP.  I question the purpose behind trying to paint the donation of this building, once remodeled, as a conflict of interest.

We still don't know who directed the illegal notices to be posted.  By the quote from the property manager, she did it on her own, to "get the conversation started".  I'm guessing she didn't think of the possibility that it could end up being a conversation billed at $100's/hr and between lawyers in front of a judge.

Sometimes assassination of character has literary or journalistic worth.  This seemed different, almost personal.

fred.garvin.mp.713
fred.garvin.mp.713

Definitely. The landlord holds all the power, because they know that even if they're wring the tenants are too poor to challenge it, or are simply more interested in survival--i.e., getting a roof over their heads again.

TheCredibleHulk
TheCredibleHulk topcommenter

@RTGolden1 @TheCredibleHulk

I guess I'm a cynic by default - the conflict of interest question seems valid to me.

The fact that it wasn't even pointed out in the DMN story makes me wonder why it wasn't. "What is the name of the Charity?"Seems like the logical next question for any reporter. And then, upon learning of Nessel's involvement with said charity - the next logical question would be the COI matter.

RTGolden1
RTGolden1 topcommenter

@TheCredibleHulk @RTGolden1 I still can't see how a donation to a charity can be a conflict of interest.  The founders of charities are quite often the biggest donors to the charities they found, sometimes the only donors, other than family and close friends.  If we start calling out conflict of interest everytime a founder donates to their own charity (which is not, Amy, the same as donating to oneself) we will soon be critically short on charitable causes.

Is it a conflict of interest for Bill and Melinda Gates to donate money to their charitable trust? How about Warren Buffet to his foundation?  Was it a conflict of interest for me to donate to Army Emergency Relief, even though as a soldier, I stood to benefit from those donations should the need arise?

If Nessel put up money, resources or time in the founding of his charity, you are saying that the mere founding of a charity creates a conflict of interest?  Because donating the building is the same as donating a chunk of cash, which it will be converted into once sold.

wcvemail
wcvemail topcommenter

@TheCredibleHulk @RTGolden1

Oh, I'll match you grain for salt grain of cynicism, but the charity thing seems like it might be a topic for possible follow-up digging, not germane to the illegality of the eviction notice. 

BigDeets
BigDeets

Because NOTHING has been donated to a charity. See my post above.

TheCredibleHulk
TheCredibleHulk topcommenter

@RTGolden1 @TheCredibleHulk

I'm sure Nessel will be flattered by your favorable comparison of his charitable efforts to the likes of the Gates and to Buffet, but large foundations founded by the super-wealthy elite are hardly comparable to real-estate based tax-dodges by guys like Nessel.

He likely never expected this level of scrutiny and, to me, seems like he's trying to cover his tracks by being extra solicitous to the people that were about to get caught in his wheels when someone finally heard the screaming.

Or, you know, he could be a saint.

RTGolden1
RTGolden1 topcommenter

@TheCredibleHulk @RTGolden1 I could care less about Nessel, gates and buffet.  My question still has not been answered.


Why is it a conflict of interest to donate to a charity of which you are the sole or co-founder?


Will anyone just answer the damn question?

TheCredibleHulk
TheCredibleHulk topcommenter

@RTGolden1 @TheCredibleHulk

It isn't necessarily a conflict, but I can certainly imagine scenarios where it could be.

Maybe you are willing to grant the benefit of the doubt to Nessel. Personally, I would ask the question.


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