FOIA Response Analysis

El Paso Housing Documents: Report Card

An analysis of the City's response to a Public Information Act request for affordable housing regulatory documents

Thesis Statement

The City of El Paso either failed to maintain proper records for tens of millions of dollars in public housing financing, or is refusing to provide the legally required documents that govern these projects. Of the four document types requested for 13 properties, the City provided generic approval resolutions but zero regulatory agreements showing actual affordability requirements.

The Report Card

Requested: 4 types of regulatory documents for 13 affordable housing properties

Properties Covered

Only 6 of 13 requested properties received any documents at all

46%

Document Types

Zero LURAs, Regulatory Agreements, or Development Agreements provided

0 of 4

Completeness

Received procedural approvals instead of substantive regulatory documents

Wrong Docs

What They Did Provide

City Council support resolutions and environmental reviews—perfectly adequate procedural documents

Well Filed

What We Found in the Documents

Cost Red Flag

Cielo Tower: $162,601 Per Unit

$20 million in tax-exempt bonds for 123 apartments = $162,601 per unit. That's more than the median home price in El Paso ($255,000) for renovating rental apartments.

Unknown Developer

Who is "EP Pooley, LP"?

This private developer received $20 million in public financing through HACEP bonds for Cielo Tower, but their identity and relationship to Hunt/Tropicana is unclear.

Concentration Waiver

Downtown Already Over 20% Subsidized

Cielo Tower required a special City waiver because its census tract already has more than 20% tax credit housing—but the City approved more anyway.

Portfolio Conversion

"Virtually All" Public Housing Privatized

Legal documents confirm HACEP converted its entire portfolio of public housing to privately-managed Section 8 through the federal RAD program—massive privatization with minimal documentation.

Hunt Companies Connection

Confirmed Partnership with HACEP

Documents reference Hunt Companies partnering with HACEP on "Eastside Crossings" (188 units, $22 million, completed 2014)—establishing the relationship pattern.

Complex Entity Structure

Multiple HACEP Subsidiaries

Bonds issued through "Alamito Public Facilities Corporation," "Housing Opportunity Management Enterprises PFC," and "Paisano Housing Redevelopment Corporation"—sophisticated financial engineering with Bracewell LLP legal representation.

What's Still Missing (And Why We Should Have It)

1. Land Use Restriction Agreements (LURAs)

What they are: Legally recorded deed restrictions specifying exactly what percentage of units must be affordable to households at 30%, 60%, or 80% AMI, for how long, with what monitoring requirements.

Why we need them: These are the ONLY documents that prove whether "workforce housing" marketed to teachers and nurses (80-120% AMI) is actually restricted to traditional low-income levels (60% AMI or below).

Legal Right to Access

LURAs must be recorded with the County Clerk as deed restrictions and are public records. The City, as the governmental entity that approved tax-exempt financing, should maintain copies. Texas Public Information Act requires disclosure.

2. Regulatory Agreements

What they are: Binding contracts between developers and either TDHCA (for tax credits) or bond trustees (for tax-exempt bonds) that enforce affordability requirements, specify rent limits, and establish compliance monitoring.

Why we need them: These show the actual legal obligations—not political promises—and whether projects can legally house the "workforce" populations they claim to serve.

Legal Right to Access

Filed with TDHCA and bond trustees as part of public financing approval. The City approved these projects and committed public funds—it should have copies. Texas Government Code §552.002 presumes disclosure unless specifically exempted.

3. Master Development Agreements

What they are: Contracts between the City/HACEP and developers detailing financial commitments, public subsidies provided, development obligations, performance requirements, and profit-sharing arrangements.

Why we need them: These reveal how much public money developers received, what they promised in return, whether Hunt/Moss have identity of interest relationships, and what the profit margins are on "affordable" housing.

Legal Right to Access

The City committed at least $150,000 in public funds to Baines alone and approved tens of millions in tax-exempt financing. Contracts governing expenditure of public funds are presumptively public under Texas law.

4. Bond Inducement Resolutions (Complete Versions)

What they are: The actual City Council resolutions authorizing issuance of private activity bonds, including detailed public benefit requirements, specific affordability commitments, and financial terms—not just preliminary expressions of support.

Why we need them: If bonds represented projects as "workforce housing" to investors but LURAs restrict them to 60% AMI, this could constitute securities fraud. Bond investors and taxpayers deserve to know what was promised.

Legal Right to Access

City Council resolutions are official governmental actions subject to Open Meetings Act and are unquestionably public records. Complete versions with all exhibits should be readily available.

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The city gave us the "we approved this" documents. We need the "here's what we approved" documents.

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El Paso Housing Documents: Report Card

The Report Card

Properties Covered

Document Types

Completeness

What They Did Provide

What We Found in the Documents

Cielo Tower: $162,601 Per Unit

Who is "EP Pooley, LP"?

Downtown Already Over 20% Subsidized

"Virtually All" Public Housing Privatized

Confirmed Partnership with HACEP

Multiple HACEP Subsidiaries

What's Still Missing (And Why We Should Have It)

1. Land Use Restriction Agreements (LURAs)

2. Regulatory Agreements

3. Master Development Agreements

4. Bond Inducement Resolutions (Complete Versions)

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