Apartment complex residents claim racial discrimination

Jace Radke

Monday, April 8, 2002 | 11:13 a.m.

For $425 a month David Johnson thought his small, two-room apartment downtown was one of the best-kept secrets in Las Vegas.

The complex at 600 E. Bonanza Road is clean, within walking distance of city hall, Fremont Street, a library, museums and Cashman Field.

"I don't own a car, so it's great for me," Johnson said. "But now it feels like I'm in jail."

Johnson is one of two residents at the Bonanza Springs Apartments trying to block eviction notices, claiming that the complex manager is discriminating against them because they are black.

Complex manager R.J. Barry denies any claims of racism, and says the two are among a handful of vocal residents who are unwilling to live with rules he instituted to clean up the low-income development when he arrived two years ago.

Johnson and Franklin Chavis have gone to court to keep from being kicked out and will be represented in a Justice Court hearing Tuesday by ACLU lawyer Allen Lichtenstein.

"There has been a pattern of harassment, and the residents have filed complaints with the U.S. Department of Housing and Urban Development," Lichtenstein said. "The landlord has refused to accept their rent."

HUD acknowledged it was looking into the complaints.

Chavis, a wheelchair-bound resident, said he was given a third-floor apartment despite the fact that vacant units were available on the first floor, and Johnson said that management tried to force him to give up his first-floor poolside apartment for one near the freeway or Bonanza Road.

Barry said those decisions were part of a new policy at the complex, which has 148 furnished units.

"We have both weekly and monthly renters and we've had comments from the residents that they'd like the weekly people all on the first floor," Barry said. "This would keep it quieter and nicer for the regular residents."

Barry said that he has tried to talk to Johnson about moving to a different unit but said Johnson has refused to talk to him.

Johnson, who has lived at the complex since 1999, said that Barry has refused to repair leaks in his ceiling, and that his guests and friends are shooed off the property by security.

"I always pay my rent, and I don't cause any problems, but he (Barry) just doesn't want black people living by the pool," Johnson said. "He doesn't want to see us. He wants us living on the side of the complex that faces U.S. 95 or the street."

Richard Tracy, a white resident who has lived at the complex for three years, and is Johnson's neighbor on the first floor, said he has never been asked to move to the second or third floor to accommodate weekly renters.

Chavis said that he was promised a move to the first floor when he took a third-floor apartment.

"Ten months later and I'm still on the third floor," Chavis said. "The elevator once went down and I was stranded on an island for five days."

Two other residents -- one black and one a white man with AIDS -- have also filed complaints with HUD and the American Civil Liberties Union.

According to one of the complaints filed with HUD, the sister of a resident, who was black, came to the complex to pick her brother up for church and was not allowed on the property.

The complaint states that Barry told the woman, "You don't belong here. If you don't leave I'll call the police."

Johnson said he has had the same problems when he tries to have guests over.

"He just makes his own rules up as he goes," Johnson said. "He says that there can't be guests after 11 p.m., but that's not in my lease, so I guess it's just a rule for me."

Barry contends that Johnson will not cooperate with management and has riled up the few residents in the complex who are his friends.

"He's had a chip on his shoulder since I got here more than two years ago, and I don't know why," Barry said. "This is a low-income building, but I came in and set down some rules and cleaned it up and now it's one of the nicer low-income complexes in Las Vegas.

"Out of 148 apartments only four are complaining and they're all Mr. Johnson's friends. He contends that it's racism, but we have people from all over the world living here, and no one else is a problem."

Chuck Burke, who is white and has lived at the complex for about a year, said that he has had no problems with management.

"All these people with the problems are the troublemakers around here," Burke said as he sat in the complex's gazebo Friday. "Whenever something is broke you just tell R.J. and he has it fixed right away. He sprung for a Fourth of July barbecue for the whole complex.

"R.J. has really made this complex better."

Johnson said that management refuses to clean up cigarette butts outside his apartment, and that he was told he couldn't stand in his doorway.

"How can they tell me I can't stand in my doorway and talk to people?" Johnson said. "They say I'm being a nuisance, but the manager is the nuisance."

A letter Barry sent Johnson states that Johnson stands at his apartment door for hours at a time staring at the apartments across the pool, and that the action has "made the tenants feel uneasy, that their privacy is being invaded."

Kenneth LoBene, senior HUD official in Las Vegas, said that the complaints filed against Bonanza Springs are being looked at, but because of the ongoing nature of the investigation would not comment further.

"People may disagree as to whether there is or is not discrimination going on here," Lichtenstein said. "HUD's investigation will determine that, but it's clear that retaliatory evictions for filing a complaint is against the law."

The case will be before Justice of the Peace Deborah Lippis at 8:45 a.m. Tuesday.