13 Investigates: City of Houston sues Montrose apartment complex over crime concerns

HOUSTON, Texas (KTRK) -- Mohammed Rahman said it took him three months to accept what he called a painful reality. He could no longer afford to keep making pizza at the shop he opened nearly 20 years ago at 1853 Richmond Avenue in Montrose.

Rahman said despite cutting his staff and working 10-hour days alone, he was losing customers.

He attributes the problem to the apartment complex next door at 1901 Richmond Avenue.

"A lot of people, they sell drugs, a lot of people they're begging and they are homeless ... and customers, they get scared, especially the female customers," Rahman told 13 Investigates. "This is a small business because we have been here for a long time and we are locals and the community supports a lot. I appreciate them. But they don't have to feel unwelcome here with this crowd and they don't have to be scared when they come here, so they stop coming."

On Monday, the City of Houston filed a Chapter 125 civil lawsuit against the property owner of 1901 Richmond Avenue, alleging the apartment complex is a public nuisance and the owner "knowingly tolerates" and "fails to make reasonable attempts to abate" the activity occurring there.

The lawsuit will allow a judge the option to order the property to close or impose fines, under Chapter 125 of the Texas Civil Practice and Remedies Code.

In the lawsuit, the City claims "the seriousness and frequency of crime" at the apartment complex over the last three years is concerning.

"HPD officers have responded to complaints of numerous calls from residents and neighbors of incidents including but not limited to shootings with serious bodily injury, aggravated assaults involving dangerous weapons, aggravated robbery, shootings of firearms, felony drug dealing, arson, and other serious crimes," the lawsuit alleges. "The investigations have revealed these crimes involve residents and non-residents who were on the property."

13 Investigates found Houston police visited the address 1901 Richmond Avenue 446 times last year alone, which averages to at least once every day that police were patrolling or responding to a complaint at the location.

The calls also show HPD is well aware of issues at the complex, having self-initiated 176 visits of last year's calls, according to Houston Police Department records.

Records from the Harris County Institute of Forensic Sciences also show three people have died of drug-related causes at 1901 Richmond since 2022.

We reached out to Fat Property, the owner of 1901 Richmond Avenue, who referred us to their director of operations, Star Epps.

13 Investigates spoke to Epps over the phone on Friday, but she said she was out of town and would not be available for an on-camera interview until June 9.

In a statement, Epps said 25 of the complex's 43 units are occupied. She said many of the residents rely on government assistance for housing, but are being labeled as "criminals or problems in the neighborhood" and "deserve to be treated with dignity and respect."

"The assertion that our property is a 'nuisance' due to over 400 calls for service last year is misleading without proper context," Epps said in a statement. "Our property is located at a major city bus stop, which naturally brings heavy pedestrian traffic, including individuals who are not tenants and have no affiliation with the property. Many of the reported incidents involve vagrants and other individuals loitering or causing disturbances after exiting public transit, not the residents who live on-site. Unfortunately, this activity is being misattributed to our tenants, which unfairly maligns their character and reputation."

Chris Hysinger owns the telescope shop Land Sea & Sky, which is just down the street from 1901 Richmond.

Hysinger said when he first opened his business in 2016, he didn't have any issues with the apartment complex.

"This is a busy commercial street, so there's always a lot of transient foot traffic and other types of traffic coming and going, but never really had any problems," Hysinger said.

But, just like the city's lawsuit, Hysinger said he's documented issues over the last three years.

Hysinger said they watch the property through a telescope set up in their window and have seen drug dealing and petty theft happening out in the open at the complex.

He said the complex is an "epicenter of activity" and it's not fair for the legitimate residents who live there.

"I'd like to figure out what we need to do to cause the owner of that property to change the way he's running it or sell it to someone who has an interest in running it the way it should be run," Hysinger said. "I think that there's a great need in Houston and Montrose in particular for affordable housing, so I have a lot of sympathy for the people who kind of need assistance to live in this area and I don't think they deserve to live in a place like that."

Some of the apartments at the complex have had broken or boarded up windows for years, according to inspection photos taken by Houston Public Works.

13 Investigates found there have been 40 calls to 311 since mid-2023, with Public Works citing unsafe conditions and improper permits in some instances.

Last February, the building received a red tag violation from Public Works and was directed to "show proof or obtain certificate of occupancy" and "obtain 2 structural permits and begin repairs."

"This property is a drain and a strain on law enforcement resources, that they are having to continue to respond, that our patrol division has responded, our narcotics divisions have responded, that the health department has to continue to go out there," said Councilwoman Abbie Kamin, who represents the Montrose area. "It's not fair to Houstonians. It's not fair to residents in the neighborhood. It's not fair to the residents that live there and it's certainly not fair to our public safety."

The city filed its lawsuit against 1901 Richmond Avenue after we reached out to Epps last week.

We reached out to her since the lawsuit was filed, but didn't hear back as of Monday afternoon. An attorney for Fat Property told us they make every effort to take care of their residents within the four walls of the complex.

In a statement over the weekend, Epps said the company is "committed to being responsible landlords and to providing safe, stable and affordable housing."

"Your use of statistics and complaints from people who want to gentrify the area and rid themselves of certain individuals at best shames the residents and at its (worst) prejudices them in their own community. They really deserve more respect," Epps said.

But Rahman, whose pizza shop closed after nearly 20 years, said he deserves respect too.

"I support the homeless need to stay in a home and if the city can do something good, that's great. But at the same time, I do not want to be a victim," Rahman said. "I have a right to survive and I'm working 12 to 15 hours every day, so what about me? And what about the other people who live around here? They have the same right."

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