'Everyone knows Dennis Brackenridge': Landlord evicting Section 8 renters again

“Mr. Brackenridge, are you listening?”

The judge was in the middle of lecturing Dennis Brackenridge, a landlord trying to evict people from a three-building apartment complex he recently purchased in Beech Grove.

Some renters didn’t make it to their eviction hearing this month, about 10 minutes from where they live at Francis Apartments. Others were meeting their new landlord for the first time.

Brackenridge, in a navy polo and khaki shorts, sat next to his attorney in the courtroom. He had been glancing down at his phone as attorneys representing renters raised questions about Brackenridge’s various companies — such as if there is a difference between Layla Rose LLC, the name on court documents, and Layla LLC, the name on property records.

Judge Cheryl Rivera, meanwhile, said she saw another problem with the evictions.

“Rather than waiting and doing what was proper,” she told Brackenridge, “it was done kind of backwards. And here we are sorting it out on a Friday.”

That’s why Rivera, who oversees the Perry Township small claims court, wanted to make sure Brackenridge was really listening.

“Yes, ma’am,” he responded.

Brackenridge’s approach to rental properties has represented a unique challenge over the last year for housing advocates, attorneys and dozens of low-income renters.

Just three days after buying Francis Apartments on Main Street, he filed 16 evictions.

There was an elderly man in and out of homelessness. Another man whose wife is in hospice care. A woman who was going to skip her daughter’s college graduation so she could go to court — but then got too sick to leave her apartment.

Most of the tenants get help paying rent through the Indianapolis Housing Agency. But Brackenridge said he doesn’t want to work with the struggling agency.

Brackenridge did the same thing last year after buying a separate Beech Grove apartment complex.

At least three people became homeless. Mirror Indy followed those cases as part of an investigation into failures at IHA.

Two people forced out by Brackenridge last year happened to move down the street to Francis Apartments, meaning they faced him in eviction court for the second time in less than a year.

“Everyone knows Dennis Brackenridge at this point,” said Lillian Herbers-Kelly, vice president of housing at Horizon House, which helps people experiencing homelessness find housing.

But Brackenridge blames the housing agency. IHA consistently faces complaints about its Section 8 program, which is supposed to pay private landlords to house low-income tenants. The agency has been behind on those payments but said recently that it’s almost caught up.

Aside from payments, Brackenridge said IHA doesn’t do a good job of evaluating renters who get assistance, which leads to problems such as drug use and prostitution.

And while Brackenridge said he does feel bad for some of the people he evicts, he sees no choice but to get rid of them too.

“I’m not the slumlord,” Brackenridge told Mirror Indy. “I’m the one cleaning it up.”

And for that, he added: “People should be patting me on the back instead of running me through the mud.”

But on a recent Friday morning in court, those who have been trying to slow the churn of evictions found an ally in Rivera.

After Brackenridge bought the apartment building, the judge said, he needed to give renters more time to get out.

“You can’t just file for eviction and then expect it to just get all sorted out,” Rivera told him.

Brackenridge: ‘It’s none of their business’

Before Brackenridge gained attention as a landlord, he was primarily known on social media for the horror-themed cafe and Airbnb he opened in Fountain Square.

“For more than a year, Dennis Brackenridge has poured his time and money into nailing the details on a property much different than the 100 or so he owns around the city,” a news story from IndyStar says.

Now, some social media users are calling on people to boycott the businesses.

“If you support his businesses, please stop,” one Facebook user wrote in a post with more than 500 shares.

But Brackenridge said the treatment is unfair.

“There’s a ton of slander with my name,” he told Mirror Indy, “and I don’t think it’s warranted.”

Brackenridge also owns a moving and storage company — Nick’s Packing and Storage — which is where some people’s belongings may end up after an eviction. That’s what happened to at least one renter at the first Beech Grove apartment complex he bought.

The names of Brackenridge’s companies have confused some people, including his renters.

Evictions at Francis Apartments were filed under Layla Rose LLC, which does not appear to be registered with the Indiana Secretary of State. Brackenridge did, however, create Layla Rosie LLC. But that appears to have been dissolved in 2017.

Marion County property records, meanwhile, show yet another similar name as the owner of Francis Apartments: Layla LLC.

In court, Brackenridge attributed the discrepancies to clerical errors.

When residents received a note on their doors introducing the new landlord, Brackenridge’s name was missing, except for a Cash App username that has his last name.

Instead, the name at the top of the note is Gabriel Nickolaus, along with a phone number belonging to Brackenridge. Yet another name for an office manager is at the bottom.

“It’s irrelevant. It’s like, how much money you got in your bank account? That’s none of my business.”

— Dennis Brackenridge, during an interview with Mirror Indy and WFYI
Brackenridge didn’t answer questions about who Gabriel Nickolaus is, if it’s a person at all. Brackenridge, though, is the registered agent for a company called Gabriel Nickolaus LLC.

He also said it shouldn’t matter how many companies he has or what their names are.

“The people that are confused,” Brackenridge said, “it’s none of their business.”

But residents aren’t the only ones who seem confused.

Because as Judge Rivera dug into the evictions filed by Brackenridge, Rivera said some of the details weren’t making sense.

Judge: ‘Eviction is not the proper remedy’

All of Amber Quantz’s rent is paid through IHA.

Still, when Brackenridge filed for eviction, the notice said she owed $975.

IHA told Mirror Indy that the rent for April was paid, but Brackenridge’s attorney said in court that it wasn’t. Either way, it isn’t legal to evict a Section 8 tenant if the housing authority isn’t paying, according to the U.S. Department of Housing and Urban Development.

The same thing happened to another renter who had paid her portion of rent on time.

“If you don’t want to keep her as a tenant,” Rivera said, “eviction is not the proper remedy for that.”

Instead, the judge said, Brackenridge should have given renters like Quantz at least a 30-day notice that he was ending the lease. And if the renter hadn’t left by then, that’s when Brackenridge could try to evict her.

For his part, Brackenridge told Mirror Indy that the apartments are operating at a loss right now because of missing rent — even though IHA says it’s paying.

“I understand the circumstances are not ideal,” he said. “But in order for us to keep those doors open, when you’re operating at 20% of what you should be, we have to move quickly.”

Rachel Hogenkamp, an attorney who represented Quantz as part of the city’s Tenant Advocacy Project, argued that rent wasn’t owed to Brackenridge anyway at the time he filed for eviction since he bought the apartments in mid-April.

Essentially, Brackenridge was saying he was owed rent for a month in which he didn’t even own the property, she said.

Rivera dismissed Quantz’s case

Now, Quantz is working with her case manager at Adult & Child Health to find another place to live.

“As soon as I have my apartment ready, I’m gone,” Quantz, 37, said after leaving the courtroom.

She wants to move before Brackenridge can file a second eviction after her 30-day notice is up. Among other things, that will require IHA inspecting the new apartment.

IHA CEO Yvonda Bean told Mirror Indy that Brackenridge is within his right to choose to not participate in the Section 8 program and that the agency is prioritizing Brackenridge’s tenants.

Even with IHA giving priority to Francis Apartment renters, housing advocates say it takes at least six weeks for a Section 8 tenant to move.

Many tenants are worried they still won’t have enough time to find a new home.

Evicted by Brackenridge again

Kelsey Smith knows she’ll be cutting it close.

Smith has until June 25 to leave her apartment. She agreed to that date with Brackenridge outside of court.

This wasn’t a new experience for Smith. She was living at the last apartment complex Brackenridge bought and had to scramble to find a new place to live.

That’s how she ended up at Francis Apartments, before Brackenridge bought the property. Soon an eviction notice appeared on her door and told her the same thing was about to happen.

“I just don’t want to go through this again,” Smith, 34, told Mirror Indy at her apartment in April.

On one hand, a seven-week window to move is more than most renters can hope for. But Smith told Mirror Indy in court on May 7 that she was still waiting for IHA to issue her a new voucher.

And Smith said she hasn’t been able to get IHA to adjust her rent. Currently she owes $50, but she has no income. She’s been behind on her portion of rent since November.

“I have no way to make money, except go to the pawn shop,” Smith said as she waited to meet with an attorney.

She said she’s starting to apply to jobs and tried to pawn one of her bikes the day before her hearing for $55. The pawn shop wouldn’t take it, though, because her ID is expired.

Kevin Nestor was in a similar situation.

Like Smith, he moved to Francis Apartments after Brackenridge forced him out of the last apartments. Nestor was then homeless for more than six months, spending much of that time sleeping outside at Garfield Park.

He collects Social Security. His portion of the rent was $420.

But Nestor, 67, stopped paying out of protest when he found out Brackenridge was buying his new apartment. An attorney told him it isn’t legal in Indiana to withhold rent.

“I don’t know what you want me to tell you,” Nestor responded. “I’m broke.”

It isn’t clear how Nestor’s case turned out. Brackenridge’s final offer was essentially a 30-day delay in the case. That came after Nestor had left court, though, and his phone stopped working shortly after.

Brackenridge: ‘People want to stay … because it’s free’

Brackenridge’s plan is to remodel the apartment complex and give it a new name.

That’s what he did to the previous complex, Beech Grove Lucky Turn Apartments. Brackenridge said issues there have gotten better since he bought the property.

“It’s not normal for the area,” he said. “The only thing that’s abnormal is the Section 8 portion where they’re not vetting their people.”

When Mirror Indy visited Francis Apartments, workers were painting the exterior and removing graffiti. Some tenants complained about their electricity cutting out and the laundry units not working.

“The only reason why these people want to stay is because it’s free,” Brackenridge said. “There is no other reason. They don’t even want to be there.”

Housing advocates say that sentiment is common because of stereotypes about people in poverty.

But many tenants actually agree with not wanting to stay.

Curtis Hyde, who’s lived at Francis Apartments for a little more than a year, said he was shocked when he saw his eviction notice. All of his rent is covered by IHA.

Hyde, 52, is an artist. He paints with oils and keeps a tidy apartment. But outside of his unit, he sees how run-down the buildings are.

“I’m not heartbroken,” he said of leaving.

Hyde has to be out of his apartment by the end of May. He’s hoping to find a new place on the west side.

Tenants ready to leave

For Curtis Harper, being evicted isn’t the worst part of life right now.

His wife, he said, is in hospice with liver failure.

“It’s just pretty rough,” Harper, 46, said.

He’s lived at Francis Apartments for about two years and said IHA pays all of his rent.

Aside from wondering how he could be evicted when he doesn’t owe rent, Harper had a difficult time figuring out who was even evicting him because of all of the different company names.

In another building, Felica Taylor was trying to piece her life back together after being homeless for about six months last year.

She moved into her apartment in June and is taking classes to get her high school equivalency. An IHA voucher covers all of her rent.

“I thought everything was OK,” Taylor said, “And then bam! I get a notice on my door.”

Taylor’s court date was May 7 — the same day she said her daughter was graduating from college.

Taylor opted to stay in town for court but got too sick to attend, so there was an automatic ruling against her.

She had to be gone by May 16 at noon.

Mirror Indy, a nonprofit newsroom, is funded through grants and donations from individuals, foundations and organizations.

Mirror Indy reporter Tyler Fenwick covers housing and labor. Contact him tyler.fenwick@mirrorindy.org. WFYI's Abriana Herron contributed audio reporting.