Dallas Officials Dispute Dwelling's Proper Zoning

DALLAS (CBSDFW.COM) - Homeowners in the Swiss Avenue Historic District continue to argue that an East Dallas apartment complex is operating in violation of city zoning laws. The property located at the 4900 block of Gaston, at the intersection of Gaston Avenue and North Colette Avenue, is zoned as a "multi-family dwelling." But Dallas City officials say the owner is operating a "residential hotel."

"We think it's an illegal land use and we want to have it changed," said Senior Assistant City Attorney Jennifer DeCurtis.

But the owner of the property, Leroy Billingsley, says it's an apartment complex that's being used like a dormitory.

"People sublet their apartment just like when most people went to college, they had roommates," he said.

But preservationist and Swiss Avenue property owner Virginia McAllister says the owner assigns each room, like a hotel assigns rooms to its guests.

"Everyone here is committed and understands that we have a very mixed neighborhood," McAllister said. "So we have all levels of housing, but what we count on is everyone following the rules."

CBS 11 News was allowed on the property and into two of the units. Each unit is divided into smaller rental units, with each tenant renting a room. The tenants share a kitchen, a bathroom and a hallway. The weekly rental rate for each room is $104. There are 24 apartment units, and 64 people live on the property if all rooms are rented. Opponents say overcrowded conditions can lead to crime and a lower standard of living.

Dallas Police records show that police have responded to 34 calls for service at the complex. They called for crimes ranging from aggravated assault to theft.

Nearby homeowners say the complex is a magnet for crime. Billingsley says most of the tenants receive disability payments from the federal government. The owner does not conduct criminal background checks.

"Crime prevention would be a big help in the neighborhood," Billingsley said.

In June of this year, Civil Court Judge Carl Ginsberg ruled that the property owner was not operating as a residential hotel and allowed the owner to continue using the complex without making any modifications. The City of Dallas is asking for a new trial and a hearing on that request is scheduled for October 20th.

The Swiss Avenue Historic District, along with the Munger Place Historic District and two other neighborhoods are working with the Dallas City Attorney's office to help overturn the judge's decision.