As San Antonio's biggest developer of
government-subsidized affordable apartment complexes, the
Dallas-based Southwest Housing Development Co. is certainly no
stranger to the necessary art of building relations with often
contrarian public agencies and neighborhood groups.
But an ongoing FBI investigation targeting Southwest's
dealings with Dallas officials and an Express-News examination
of the company's relationships with several Housing Authority of
Bexar County commissioners raise questions about how Southwest
may have exerted its influence to get projects built here.
The board has asked for a full audit of the agency's two
partnerships to build apartment complexes with Southwest, which
can qualify for substantial tax breaks.
Housing Commissioner Carlos Madrid Jr., who submitted his
resignation from the board earlier this month, received
thousands of dollars in contract work from Southwest. He said
his work with Southwest did not affect his public role and that
he did nothing wrong.
Records and interviews show that Southwest and two other
then-commissioners had private relationships, as well.
Southwest forged a housing partnership with a nonprofit run
by Commissioner Dario Chapa while he was still on the board and
continued to make decisions in his official capacity regarding
Southwest Housing's business.
Additionally, in the same month that Commissioner Ken Brown
resigned from the board, Southwest hired him to do lobbying and
legal work.
Both commissioners say they violated no legal rules;
nevertheless, other board members and some members of the public
were left with the perception that Southwest might have
influenced public business.
"It just doesn't look right, and if it doesn't pass the smell
test we don't want to do it," said Rudy Rodriguez, the housing
authority's current board of commissioners chairman. "That's the
kind of stuff we don't want."
County housing authority officials, for instance, say they
had no idea until recently that Southwest Housing and a
nonprofit that Chapa runs as executive director entered into a
partnership to build a major $20 million apartment complex in
fall 2003 after he had voted as a board member to approve two
county joint building ventures with the company.
The county housing authority began that year as partners with
Southwest Housing on two major government-subsidized apartment
complexes, Rosemont at Miller's Pond and Rosemont at Palo Alto,
both now built. Chapa resigned last year.
While board chairman in 2002, Chapa had pushed for both
projects, voted to approve them and threw his weight behind
Southwest when neighborhood opposition erupted over Miller's
Pond.
Less than a year later, in September 2003, Southwest quietly
formed a partnership with a small San Antonio nonprofit
organization that was near and dear to the board chairman's
heart, Our Casas Resident Council.
Nonprofit group
Chapa had helped found the nonprofit housing organization 15
years earlier and had run it as executive director ever since.
The nonprofit is relatively small, with total revenue of about
$1 million. It helps low-income residents get better housing,
and Chapa has acknowledged that its long-term success means
everything to him.
The Southwest Housing deal with Our Casas put the nonprofit
in general partnership with the state's largest affordable
housing company to co-own an 11.5-acre senior living complex
then known as Jefferson Plaza, and now operating as Primrose at
Monticello Park in the 2800 block of Fredericksburg Road.
Chapa recalled that Southwest Housing initiated the idea.
"They came to us," he said.
According to records of the deal, Our Casas stands to take in
a portion of the more than $2 million development fee ? which
industry experts say typically amounts to about 25 percent. Our
Casas also would get an unknown additional fee at closing, a
portion of the apartments' cash flow and eventually management
fees.
State conflict of interest laws hold that no county housing
commissioner in Texas may act in their public role on a project
in which they hold a private financial interest. They have
disclose such an interest and remove themselves from all
discussion or deliberation in any board matter involving that
interest.
Chapa said his nonprofit's partnership with Southwest didn't
fall under those rules because Our Casas does not pay him beyond
traveling and gas reimbursements and isn't a for-profit company.
And he said the prospect of his nonprofit benefiting did not
influence any action he took as a board member.
"I did pretty good due diligence. I questioned everything,"
he said. "I'm a volunteer. They were not paying me. I was not
going to realize anything. I never felt I was doing anything
wrong."
David Marquez, Southwest Housing's paid representative
consultant in San Antonio at the time, did not return calls
seeking comment about the deal.
Properly disclosed
A Washington, D.C., public relations firm representing Southwest
released a statement asserting that all of Southwest's projects
were approved strictly on their merits and that the company's
relationships with officials were properly disclosed.
There is no record that Chapa ever provided a written
disclosure of the deal to the county housing authority, although
he said he vaguely recalls telling a paid adviser to the board.
But the county's own law firm, Gale, Sanchez & Wilson, knew
about the deal. In fact, the firm earned thousands of dollars
doing the legal work on Our Casas' Monticello housing project,
records show.
The firm's spokesman, Woody Wilson, said the law firm never
reported Chapa's involvement in the Southwest deal because "I
don't see a conflict."
"As executive director," of Our Casas, Wilson said, "he
wouldn't benefit."
Linda Morales, the authority's executive director, said she
wasn't sure if Chapa's deal with Southwest violated any rules
but that question should have been asked.
Board Commissioner Nancy Busch, however, said she would have
wanted to know of the deal as Chapa went about making decisions
and deliberating on other Southwest business.
"I'd want to know, yes. I'd want to know very much, not just
in the past tense," she said. "I want to know now."
Commissioner Robert Grau, when told of the Chapa deal, said
it raises questions in his mind about whether Southwest
influenced decisions regarding the two housing authority
partnerships.
In fact, Southwest did find a friend in Chapa when one of the
two projects, Miller's Pond, came up against stiff opposition in
2002 and through much of 2003 with neighborhood and school
district opponents.
Chapa appeared at City Council meetings and at the state
housing board to speak in favor of the project. He also actively
participated in all board business related to the two projects
long after his nonprofit got its own deal until his resignation
from the board for health reasons last year.
Divided loyalty?
Brown pushed to approve the Miller's Pond partnership with
Southwest while serving on the board in 2002. He voted for the
board to sign up with Southwest for the deal and showed up at
City Council hearings to testify in favor of it when
neighborhood activists were trying to defeat it.
In the midst of that fight, on Oct. 9, 2002, Brown resigned
and soon went to work as a paid lobbyist for Southwest Housing.
He continues to do legal work for the company.
A key question remains. At what point when Brown was still
serving on the board was the prospect of him going to work for
Southwest broached?
Brown said he doesn't recall exactly when the topic of his
coming to work for Southwest came up.
The timing left neighborhood activists like Carol Abitz
suspecting Brown was influenced by the promise of a lucrative
job. Abitz was so concerned she complained to then-state Rep.
Ken Mercer and the Texas Department of Housing and Community
Affairs.
She said the smell lingers years later.
But Brown said that he made sure he was in line with ethics
rules by leaving the board before beginning legal work for
Southwest. His former law partner, David Earl, confirms that
Brown's engagement letter with Southwest was dated after Brown's
Oct. 9 resignation.
"If people think that everyone's a crook, that's what they're
going to think," Brown said. "It isn't me. It never has been. I
sleep very well at night. I didn't do anything wrong. I know I
didn't."
FBI probe
The FBI's bribery and extortion investigation in Dallas focuses
in part on how Southwest Housing has dealt with public officials
in that city and vise versa. And the investigation has shed some
light on relationships the company forged with public officials
who could or did help clear the multitude of political and legal
hurdles necessary to build government-subsidized apartment
housing.
FBI subpoenas for records in Dallas have listed the names of
city council members and planning commission appointees in whose
districts Southwest Housing has built and whose decisions on
zoning and permitting matters were crucial. The FBI has raided
the homes, offices and cars of those public officials, as well
as the homes of contractors and nonprofit agencies linked to the
public officials.
Through it all, Southwest has maintained it did nothing wrong
and will be vindicated.
But the facts of one questionable relationship in North Texas
have emerged.
When Southwest Housing was facing strong neighborhood
opposition on one of its Dallas apartment proposals in 2001, it
enlisted the help of State Rep. Terri Hodge. The state lawmaker
went against her own constituents, testifying in favor of the
housing project and penning crucial letters of support the
company needed to gain valuable tax credits.
Not long after it was built, Hodge moved into the complex.
According to internal Southwest Housing records, the company
paid most of her rent and utilities for more than three years, a
$33,000 benefit she never disclosed on required financial
disclosure statements.
Southwest Housing has declined to comment on the rent
arrangement, and Hodge, while acknowledging receiving the
benefit, maintains she did nothing wrong in accepting it while
using her legislative position to help Southwest Housing's
business.