August 25, 2022 by Clarissa Ayala
Full-Time Substitute Teacher Loses Home, Even After Paying Her Rent in Full
Houston, TX – Last week, Adorable Pointe Apartments, owned by Grace Business Ventures, LLC, an affiliate of Grace International Church, forced a tenant to vacate an apartment for no reason – she had paid in full. Grace International Church has congregations in Houston, and in the Bronx, NYC.
Lone Star Legal Aid’s Eviction Right to Counsel Attorneys met Samayah Winston at Precinct Five, Place One. She was there for a lockout case and needed a Writ of ReEntry. Samayah is a full-time substitute teacher. She saved up during the school year in anticipation of her lack of income during the summer, and she prepaid rent for the entire time, June through August.
With time off work, Ms. Winston went out of town in late June and returned on August 15th. Although not physically in her apartment, she remained in contact with her landlord during that time. Not long before her return, a neighbor called her and told her the landlord had changed her locks. To make it worse, they removed the ring doorbell and keyless lock she’d installed, and replaced them with a key lock. When her plane landed, she called the landlord to ask for a key. They said they’d see her when she arrived, but when she did, everyone was gone.
That night, she stayed with a neighbor.
The next day, she returned during office hours. The staff let her into her apartment, then they removed the lock entirely and asked her why she wanted to stay in an apartment with no lock. Later that day, she briefly went out to her car. By the time she got back, the lock had been replaced and the staff had gone for the day.
That night, she slept in her car.
Ms. Winston returned the following day to find the landlord’s agents removing all her belongings from the apartment and throwing them in or near the dumpster. When she protested, they did not care. She took what she could in her car to a storage unit at a Uhaul facility. However, during her trips to and from, there were other residents circling, and she lost all her furniture, kitchenware, electronics, tools, and more. The landlord’s agents left and locked the door.
On her third day back in town, Ms. Winston went to the complex and asked for a key to the lock on her door. They refused and threw the rest of her stuff out. She went to Precinct Five, Place One, to file for a Writ of ReEntry, where she met attorneys in our Eviction Right to Counsel Initiative.
Managing Attorney Eric Kwartler drafted an application for a Writ on the spot, filed it, and asked for an emergency hearing. The Texas Property Code allows an emergency (ex parte) hearing to get a Writ, as homelessness is an emergency. The court scheduled the hearing for the following Monday, four days later. Kwartler contested that setting, pointed out that this would take no more than ten minutes of the judge’s time, and informed the clerk that Ms. Winston was actually living on the street. They did not budge.
That night, she spent the night in her car again.
The next morning, Kwartler returned to the courthouse to see if he could beg for a hearing. He was not allowed. Kwartler called Precinct Five, Place Two and asked if the judge could hear Ms. Winston’s case if we refiled for the writ in that court instead. Judge Williams found time within the hour. He conducted the hearing and issued the Writ. Kwartler then went to the complex and informed them that he was going to sit in the office until they contacted their attorney about the writ or gave him the attorney’s name. Eventually, Kwartler got the attorney’s name and emailed him explaining the situation. Their attorney responded that Ms. Winston should call the office immediately, and someone would meet her there to let her back in. But Ms. Winston, traumatized by the events of the past few days, did not return to the empty unit for fear of further retaliation by the landlord. She remains unhoused.
Lone Star Legal Aid is a 501(c)(3) nonprofit law firm focused on advocacy for low-income and underserved populations. Lone Star Legal Aid serves millions of people at 125% of federal poverty guidelines that reside in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties of Southwest Arkansas. Lone Star Legal Aid focuses its resources on maintaining, enhancing, and protecting income and economic stability; preserving housing; improving outcomes for children; establishing and sustaining family safety and stability, health and well‐being; and assisting populations with special vulnerabilities, like those with disabilities, or who are elderly, homeless, or have limited English language skills. To learn more about Lone Star Legal Aid, visit our website at www.lonestarlegal.org.
Media contact: media@lonestarlegal.org
