Residents file class action lawsuit in Second Judicial Court
ALBUQUERQUE—Residents of Aztec Village, a mobile home park in Albuquerque, came together for fairness and dignity in their community today and sued the corporate landlord and manager of the park where their homes are located. The residents charge that Nodel Parks LLC—which owns mobile home parks throughout the country, including six in Albuquerque—and park manager Magdalena Vila illegally and arbitrarily fined them for alleged infractions of community rules and threatened them with eviction when they couldn’t pay.
The plaintiffs in the class action lawsuit Chavez v. Nodel Parks, LLC are represented by the New Mexico Center on Law and Poverty and Parnall and Adams Law. The lawsuit was filed in Second Judicial District Court in Albuquerque today.
“Really, the people who live here, we are like family,” said Marlena Martinez, a longtime Aztec Village resident who helped organize residents to fight the park’s unfair practices. “Over 100 families live here, and some of us have been here for over 40 years. It’s an understatement to say that we are invested in our community. Ever since management began unfairly fining us and forcing people out of the community, we have been fighting together for our homes, our financial stability, and to stay together.”
Nodel Parks changed management of Aztec Village in May of 2019 and soon began issuing fines for violations of what the manager said were community rules. However, many of the alleged violations residents were fined for, including disposing of leaves in community dumpsters and having child toys in the front yard, were not actual violations of Aztec Village’s rules.
Rather, the rules and fines enforced by Nodel Parks are arbitrary decisions that the lawsuit claims are used to intimidate and coerce payment from residents in violation of state law. Residents informed Nodel Parks of the problems, but upper management refused to take any action. As a result, residents are forced to pay the illegal fines and are in danger of losing their homes when they cannot pay.
The lawsuit comes at a time when New Mexico faces a severe housing crisis. The Housing and Urban Development Department found that the state topped the nation with a rise in homelessness with a 27% increase from 2018 to 2019. Homelessness in Albuquerque alone, rose by 15%.
Mobile homes are the single greatest source of affordable housing stock in the United States.
“Landlords must follow the law and treat residents with respect. There are hundreds of communities like Aztec Park across the state, and unfair policies and practices like these push hard working New Mexican families out of their communities and onto the streets,” said Maria Griego, supervising attorney at the New Mexico Center on Law and Poverty. “When you own your home but rent the land it’s on, you are at particular risk of unfair and predatory practices by landlords. For this very reason, the New Mexico Legislature enacted the New Mexico Mobile Home Park Act to protect mobile home park residents.”
The state Mobile Home Park Act requires mobile home park owners to publish and enforce community rules only after soliciting comments from the community and posting responses. The law prohibits mobile home park owners from charging fines for violations of community rules and/or rental agreements. Instead, the law requires notice and an opportunity to rectify a violation.
The families are asking the court to order defendants to stop:
- Issuing fines for alleged or actual violations of rental agreements and/or the community rules and regulations;
- Sending notices that threaten to evict or take further action against tenants if they don’t pay the fines;
- Rejecting rent from tenants if the total amount does not include any fines assessed against the tenant.
The families are also asking the court to require the defendants to pay money damages for each instance in which the park management violated New Mexico law.
“I’m a homeowner just like any other and deserve to be treated fairly and with respect,” said Martinez. “We are not going to let them get away with tearing our communities apart and cheating us out of our homes.”
Attorneys on the lawsuit Chavez v. Nodel Parks, LLC, include Maria Griego, Lindsay Cutler, and Sovereign Hager from the New Mexico Center on Law and Poverty and David Adams and Charles Parnall from Parnall and Adams Law.
The complaint can be found here: http://nmpovertylaw.org/complaint-chavez-v-nodel-parks-llc-01-30-2020/
The exhibits can be found here: http://nmpovertylaw.org/exhibits-chavez-v-nodel-parks-2020-01-30/