LOTT, Texas — Lott resident Adelia Martinez has been evicted from her home, despite her claims that she was discriminated against because of her disabilities.
Martinez lived under the Lott Housing Authority (LHA) since September 2022 and told 6 News she received 17 unjustified leasing violations during her lease.
Some of the violations are for having a pet, allowing someone to live in her home, failing to reinstall her housing and failure to report her second income. These and the rest of the 17 violations are false, according to Martinez.
On Sept. 5, LHA board commissioners filed a lawsuit against Martinez for refusing to complete her annual certification. Her lawyer, Brandon Mason, failed to appear in court to represent Martinez and she ended up losing her case.
Martinez had five days to appeal the decision and she did just that.
An appeal hearing for Adelia Martinez vs Lott Housing Authority was held at the Falls County Court House on Wednesday, Oct. 23 at 2 p.m.
During the hearing, a number of witnesses took the stand to explain what took place during Martinez's lease.
LHA Executive Director Deborah Goffney told Judge Jay Elliott that Martinez was supposed to recertify in September 2023 but failed to do so. Former KHA Executive Director Joan M. Kostiha told the judge that Martinez had her recertification paperwork signed and ready to be submitted in September 2023, but Kostiha was fired from her position and told Martinez to hold off on submitting it until a new director came.
Goffney told the judge Martinez made no effort to give her the recertification paperwork despite the LHA office being just feet away from her home. Martinez's lawyer, David Seth Morrison, then said Goffney could have brought the paperwork to her door. Goffney responded saying she has never done that before and the paperwork needed to be signed in her office.
Martinez told the judge she suffered from a number of disabilities including dyslexia and spinal muscular atrophy. Because of this, her father, Roy Martinez, became her overseer and he needed to be present whenever she signed any documentation.
Problem is, Roy Martinez was banned from his daughter's home after Goffney claimed he criminally trespassed a number of times. Both Roy and Adelia Martinez say this was unjustified.
After about 10 minutes of deliberation, Judge Elliot ruled in favor of the LHA.
"Our stance is really if you sign a document, you have to follow that document," LHA legal representative David Morrison explained. "Just like everyone else and me included, if you violate that, then there are consequences. The consequence in this case is an eviction."
Morrison claims that if Martinez would have continued with the lease violations, it has the ability to impact every resident of the LHA.
Martinez has to be out of her apartment by Nov. 24. While she's sad she lost the case, she's relieved that the stress of the situation is over.
"It's sad but I don't want to live there anymore [if I'm] constantly going to be harassed [by] the staff members," Martinez explained. "I don't recommend anybody living in Lott housing. It's too stressful."
Martinez's fight is not ending here. Her other legal representation, Brandon Mason, filed another appeal in McLennan County District Court.
"I just have to keep on fighting," Martinez added. "I lost but this is not the end. She might win the victory but this is not over."