DENVER — An Arapahoe County District Court judge issued a preliminary injunction on Tuesday against an Aurora landlord who allegedly threatened to report their Venezuelan tenants to immigration authorities.
The lawsuit, which was filed by the ACLU of Colorado on Jan. 28, named Avi Schwalb and Nancy Dominguez, as well as PHS Rent, LLC., as the landlord. Schwalb was indicted in early January for 30 felonies, including theft and violation of the Colorado Organized Crime Control Act, in connection with his son's business, Schwalb Builders.
According to the ACLU of Colorado lawsuit, the plaintiffs, identified as John Doe and Jane Roe, are a Venezuelan couple who live in an apartment with their two sons, ages 15 and 13. The couple has pending applications for asylum in the United States, according to the ACLU of Colorado.
The lawsuit alleges that Schwalb and Dominguez repeatedly harassed their Venezuelan tenants and threatened to report them to immigration authorities. During one instance, Schwalb allegedly told the couple that immigration authorities would "come here [to the Apartment] today," and once they arrived, the family would be "out." He also reportedly told the couple, "Migra today." Migra, or la migra, is Spanish slang for immigration enforcement officials.
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The ACLU of Colorado claims Schwalb, Dominguez, and PHS Rent, LLC. violated Colorado's Immigrant Tenant Protection Act and the Colorado Anti-Discrimination Act (CADA), as well as state eviction laws.
A judge on Tuesday issued a preliminary injunction against the named defendants, according to the ACLU of Colorado. Under the injunction, Schwalb, Dominguez and PHS Rent, LLC. must stop their alleged actions against the tenants.
“This is welcome news for our clients. No family deserves to be harassed and threatened because of their immigration status,” said ACLU of Colorado legal director Tim Macdonald in a statement. “This case will not only impact their lives but every tenant and every immigrant in the state. We’ll keep fighting for all of them.”
The ACLU of Colorado is asking the court to deem the defendants' alleged conduct unlawful, stop the alleged behavior, and award actual and statutory damages, to be determined during trial. The ACLU of Colorado has requested a jury trial.
Denver7 Investigates
Schwalb Builders owner, father face criminal charges after grand jury indictment
Denver7 Investigates has reported on the Schwalbs for more than a year. Avi Schwalb and his son, Sean, were indicted for more than two dozen charges, including theft and violation of the Colorado Organized Crime Control Act, in connection with Sean's business, Schwalb Builders. The indictment connected Schwalb Builders with Avi's business, Avi's Remodeling.
Both Avi and Sean Schwalb are currently out on bond.
Avi and Sean are also named in more than a dozen lawsuits filed by customers who allege they contracted with the company and paid deposits — in some cases hundreds of thousands of dollars — only for the company to either abandon projects after demolition or fail to do any work.
Denver7 Investigates' Joe Vaccarelli and Jaclyn Allen contributed to this report.
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