FAYETTEVILLE, Ark. — The City of Fayetteville filed a public nuisance complaint against a couple who own a property on South Lieutenant Colonel Leroy Pond Avenue.
The complaint cites a previous lawsuit filed against the Tiffanys that claims they allow individuals — who are "experiencing homelessness or substance abuse challenges" — to live in the house or the surrounding land outside without adequate sanitation, plumbing, electricity, and clean water.
On Nov. 19, the Fayetteville City Council voted in favor of authorizing the city to file the lawsuit against the Tiffanys.
"My vote was based on the fact that we have to make sure that all of our citizens are adhering to our ordinances," Fayetteville City Council Member D’Andre Jones said. "And above all, making sure that in every part of Fayetteville, we are making health and safety a top priority for everyone."
The city's lawsuit claims the property has been a site for "extensive criminal activity, numerous code violations, and harrowing health and safety concerns" for the last three years.
According to the city's complaint, between January 2022 and September 2024, Fayetteville police responded to the property 276 times for various disturbances including thefts, harassment, and stabbings.
In that same period, the Fayetteville Fire Department responded to the property 54 times. The fire department also reportedly deemed the conditions of the home "extremely dangerous."
Additionally, those nearby know the location to be a "haven for the use and distribution of illegal drugs," court documents allege.
"We have to make sure that when we are putting individuals in these situations, we have to make sure that they're livable, and that's it," Jones said. "If they're not livable, they have to become livable, or there's a consequence."
At Tuesday’s council meeting, property owner Gladys defended the property’s intentions as well as those who live there.
"People who live in that house are beautiful, wonderful people who are just poor, who are desperately poor, and very, very good people who take care of each other very well," Gladys said during the meeting.
City Council Member Sarah Moore, who voted against authorizing the lawsuit, said the Tiffanys have recently taken action to comply with city ordinances
"They were asked to clean up the encampments, and they cleaned those up from their property," Moore said. "They showed a willingness to make a movement. When they had debris on their property, they had gone and cleaned that up further."
Moore said this would be different if the Tiffanys had decided not to take actions to remedy the issues at hand.
She added that she thinks there are other remedies, aside from legal actions, to help solve the problems the city is facing regarding the unhoused and the housing crisis.
"Even if we are declaring this property a nuisance, I'm unclear of exactly what that accomplishes long term," Moore said. "Ultimately, it sounds like we all want the goal that this is a safe property… [and] we don't have a clear, comprehensive, strategic pathway forward in looking at how we're tackling all of the complexities within this housing crisis."
To assess and address the "public nuisance," the city requested the following actions:
- An injunction barring anyone except the Tiffanys or city personnel from accessing the property until litigation has concluded
- An order to allow the removal of all property or fixtures associated with criminal activity
- An inspection warrant for the property
- Reimbursement to the city for any costs incurred in resolving the nuisance
SZ Fayetteville Apartments LLC, which owns "Alight Fayetteville" across the street from the property, filed a lawsuit earlier this year claiming the Tiffanys were reportedly allowing people stay on the property against city ordinances.
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