It’s hard to find a “second chance” apartment complex where renters who have a criminal record, been evicted in the past or racked up bad credit can land and make a new home.

That’s why Cisco Arellano and his family were optimistic about being accepted as tenants at Fairway Valley Apartments near Airport and Chelton roads.

They moved from Texas to Colorado Springs in March, in search of a fresh start. They paid first and last month’s rent and a security deposit and settled in.

“This is the opportunity handed to us,” Arellano said. “We knew the building was kind of iffy, but you don’t always have a choice, especially when you don’t have great credit.”

Now, eviction is looming for the couple, which they say would be another rough setback.

They claim their landlord is retaliating against their decision to join the tenants’ union that formed in May at their building to advocate for repairs to habitation problems like mold, bugs, leaks, nonfunctioning appliances and broken windows.

Since then, some tenants have been handed nonrenewal and eviction notices, with a few referencing the union, said Max Kronstadt, lead organizer of Colorado Springs Tenants.

Mia Means, organizer of the Fairway Valley Tenant Union, said she got a call from the police the day after the group met with the landlord, Sheldon Eike, and asked him to sign an agreement that he would not retaliate against anyone who was part of the movement.

Police told her to stop knocking on doors and asking questions of other tenants.

“In my time at Fairway Valley, I’ve had maintenance issues that are ignored. I’ve feared for my safety at home, and I’ve been given false promises about things getting better,” she said.

She was one of two tenants to receive a specific mention that her lease was not being renewed because she had been knocking on doors and organizing the tenants’-rights group, Kronstadt said.

“Those are legally protected activities,” he said.

Eike did not respond to requests from The Gazette for comment.

The property is owned by Pinons Apartments LLC, a holding company for SLK Solutions based in Dallas, Texas, according to El Paso County Assessor’s Office records.

Unlike labor unions, which have federal law protections for organizing, holding elections and participating in collective bargaining, tenants’ unions aren’t supported in their actions.

So, landlords have no legal obligation to recognize or negotiate with a tenants’ union.

However, landlords do have to abide by government laws and regulations regarding housing codes, rent and consumer protections.

Eike did not sign the anti-retaliation agreement that the tenants’ group had created by the deadline the group had set.

A letter the union received from the property manager stated that Colorado has many laws to protect, and that they apply to both tenants and landlords.

“We will continue to abide by these laws and statutes,” the letter said. “We will continue to work with each individual unit and directly with the tenant on the lease. As we all know, where you live is a choice.

“We will continue to work hard to make this a community of respect and a place where people choose to live.”

Arellano claims he was illegally charged high late fees after he had surgery and was waiting on his medical leave payment and he paid late.

Arellano said the late fees on his bill were above what’s allowed by state law, which is 5% of the monthly rent payment if it’s under $1,000 or $50 if it’s over $1,000 or whichever is greater.

With an administration fee tacked on, he had trouble coming up with the extra money.

“We came to agreement with the property manager about paying. She said, ‘Don’t worry about it. We won’t file an eviction,’” Arellano said.

“They found out we were attending meetings at the union, and the following day we received eviction paperwork on our door.”

After Arellano was able to cobble together the late and administrative fees along with the actual rent payment, the landlord then refused to take Arellano’s money.

Now, the amount is piling up until the courts decide whether the family will be evicted.

“Just because we were given an opportunity or a chance doesn’t mean we should be taken advantage of,” Arellano said.

Residents in about half Fairway Valley Apartment’s 93 units have joined the union, according to organizers.

A first-ever citywide union, known as Colorado Springs Tenants, formed in March in Colorado Springs for residents of public and private rental housing.

About 250 members are active now, Kronstadt said, and tenants at a few other properties in the city are in the early stages of establishing a group.

The movement developed after some tenants of a few federally subsidized apartment complexes made gains in improving living conditions, policies and lease agreements through unions in their buildings.

Such tenants’ rights organizations are increasing across the nation, Kronstadt said.

For “second chance” properties in particular, landlords know their clientele don’t have many alternatives for leasing and “therefore are unlikely to complain or move” if the apartments are not well taken care of by management, Kronstadt said.

“They sell it as a thing they’re doing for the community, but what we see is it’s easier to exploit people who do not have other options,” he said.

The Fairway Valley Tenant Union is the sixth in Colorado Springs to organize with the help of Colorado Springs Tenants, formerly Colorado Springs Pro-Housing Partnership.

The inaugural ones are the Acacia Park Tenants Association, Centennial Plaza Tenants Association, Aviator Apartments Tenant Union, Mill Street Community Benefits for All Coalition and an at-large chapter for renters that don’t have a building-specific group.

Of those, only Aviator Apartments is privately owned, as is Fairway Valley Apartments. The rest are under the Colorado Springs Housing Authority, which has negotiated with tenants to make some of their requested changes, primarily regarding safety and security of the properties, how grievances are handled and making timely repairs on requests.

Kronstadt said residents of the privately held Aviator and Fairway Valley apartments aren’t discouraged.

“Tenants in private rental housing are experiencing higher rent and worse conditions than they ever have at any point in time in this country, often at the hands of out-of-state corporate landlords,” he said.

“In various places across the country, they have had success in wielding power to negotiate with their landlords; we are looking to replicate that success here in Colorado Springs.”

If landlords do not address residents’ concerns, legal action against them can be taken, he added.

“Ultimately, there are more tenants than landlords. They pay their landlords’ mortgage and other expenses, for often lavish lifestyles,” Kronstadt said. “They can use that as leverage to win the housing they deserve.”

Editor’s note: This article has been updated to correct the spelling of Sheldon Eike.