URGENT ACTION ALERT: Ask the governor to create rent relief fund to prevent homelessness!

To prevent a dramatic rise in homelessness as New Mexico navigates the COVID-19 crisis and its economic aftermath, Governor Michelle Lujan Grisham must prioritize housing relief, including legislation creating a rent relief fund and protections for renters in the upcoming special session this week. Legislative leaders have worked diligently on a crucial housing protection and rent relief package for New Mexico, but the Legislature cannot hear it unless the governor puts the legislation on her agenda.  

New Mexico received hundreds of millions of dollars in federal funds to support New Mexicans impacted by the COVID-19 crisis. These funds should be used to prevent a housing crisis in New Mexico.

Call the governor at (505) 476-2200 before Wednesday, June 17 and ask her to create a rent relief fund and put housing protections on the agenda for the special session! You will only be able to leave a short, simple message on the phone with one or two points, but you can also email the Governor at this link with more extensive comments.

Information to consider including in your message to the governor about this important issue:

  • All New Mexicans deserve access to safe and stable housing, and especially during a pandemic. 
  • Right now, thousands of families in our state can’t pay rent because of the pandemic-related economic downturn. 
  • New Mexico was already struggling with a housing crisis before the COVID-19 pandemic, and our communities cannot afford for this problem to get any worse. 
  • As current eviction protections and unemployment begin to end this summer, we need the state, through the Governor and the Legislature, to act to mitigate the financial devastation for families and prevent a dramatic rise in homelessness. 
  • If the state does not act in the special session, many New Mexican families will become homeless in the coming months. 
  • A sharp increase in homelessness will be devastating not only for families across our state, but entire communities, and our state and local economies for years to come. 
  • Please utilize federal CARES Act dollars to create a statewide rent relief fund. 
  • Please support meaningful legislation in the Special Session to repeal the antiquated statewide rent control ban and give the Governor the power to institute a statewide emergency eviction moratorium.  

Groups ask governor for rent relief fund to prevent homelessness

Thousands of New Mexicans can’t pay rent due to pandemic-related economic downturn 

ALBUQUERQUE—To prevent a dramatic spike in homelessness as New Mexico navigates the COVID-19 crisis and its economic aftermath, social justice and housing organizations asked Governor Michelle Lujan Grisham this week to prioritize legislation creating a rent relief fund at the upcoming special session. Their letter also asks her to support a legislative moratorium on evictions and expanded protections for low-income homeowners.  

“If we don’t get some help with rent soon, I don’t know what’s going to happen to me and my family,” said Allyssa Garcia who lives in Albuquerque. “I’ve worked hard my whole life, but I have lupus, which puts me at high risk of getting the virus. I had to cut my hours back. My daughter, who has a heart defect, lost her disability for awhile. I had to appeal to the Social Security Administration to get it back. There just hasn’t been enough money to pay rent. Now my landlord has evicted me. They can’t force me to move out right now because of the health emergency, but once things open up, my three children and I might find ourselves on the street.”

New Mexico was already struggling with a crippling housing crisis before the health pandemic. In 2019, the state experienced the highest increase in chronic homelessness in the nation–up 57.6% since 2018. The most recent data from the Mortgage Finance Authority shows that 50% of New Mexico’s renters are housing cost burdened, meaning they spend upwards of 30% of their income on housing costs.  

Housing relief programs like the one the New Mexico advocates are calling for have already been established across the country to support local recovery. 

“Everyone deserves access to safe, stable housing, especially during a pandemic,” said Maria Griego, director of Economic Equity at the New Mexico Center on Law and Poverty. “Unfortunately, temporary Supreme Court rules and federal moratoria only postpone evictions. While no one can be removed from their homes immediately, homelessness will increase as soon as the state of emergency ends.”

Griego added, “As New Mexico families face the COVID-19 crisis and its financial aftermath, including record levels of unemployment, we urge the state to actively respond to the real threat of a dramatic spike in homelessness and for the governor to put responsive legislation on her call at the special session.” 

“We need our elected officials to match the efforts of the people organizing on the ground,” said Tomás Rivera, executive director of Chainbreaker Collective. “Many people hardest hit by the pandemic live in neighborhoods already teetering on the edge of widespread displacement and gentrification. Without bold housing relief measures, the COVID-19 crisis may be the push that will tip whole neighborhoods over that edge. People will be forced into the street from neighborhoods where they have deep roots.” 

The groups and individuals that sent the letter to the governor include the New Mexico Center on Law and Poverty, Chainbreaker Collective, ABC Community School Partnership, Albuquerque Health Care for the Homeless, Catholic Charities (Archdiocese of Santa Fe), Disability Rights New Mexico, Enlace Comunitario, Native American Disability Law Center, New Mexico Coalition to End Homelessness, Prosperity Works, Santa Fe Housing Action Coalition, Senior Citizens’ Law Office, Inc., United South Broadway Corporation, Elizabeth Elia, and Karen J. Meyers.

The letter to the governor can be found here: http://nmpovertylaw.org/wp-content/uploads/2020/06/Group-Letter-to-Governor-housing-relief.pdf

Paid sick leave, halting evictions & benefits terminations necessary to mitigate COVID-19 impact on New Mexicans

Groups provide state leaders multiple strategies to protect New Mexico’s residents

ALBUQUERQUE—Advocacy groups from across the state urged New Mexico’s leaders to exercise their emergency powers and provide emergency assistance, access to healthcare, and other relief to stem the rising financial insecurity and income inequality caused by the coronavirus crises. 

The recommendations were sent to Governor Lujan Grisham, Attorney General Balderas, Chief Justice Nakamura, Speaker Egolf, Senator Papen, Mayor Keller, Mayor Webber, Mayor Hull, and Mayor Miyagishima. 

“Our state’s response must focus on and involve the communities already experiencing the impact of economic inequality,” states the letter sent by the New Mexico Center on Law and Poverty, Forward Together, Strong Families New Mexico, Lutheran Advocacy Ministry – New Mexico, New Mexico Coalition to End Homelessness, New Mexico Voices for Children, NM Comunidades en Acción y de Fé – CAFé, Health Action New Mexico, United South Broadway, Fair Lending Center, Southwest Organizing Project (SWOP), Catholic Charities – Archdiocese of Santa Fe, New Mexico Social Justice Equity Institute, McKinley Co. Assn. of Retired Educators, and multiple individuals.

Recommendations include:

Protect workers 

  • Enact emergency paid sick leave and pass local paid sick leave ordinances that guarantee paid sick leave for all workers. 
  • Eliminate the one-week delay in unemployment benefits. 

Ensure economic security 

  • Create a new emergency income assistance program. 
  • Stay wage garnishments and bank levies in the courts. 
  • Streamline access to Medicaid, Supplemental Nutrition Assistance Program (SNAP), and cash assistance for workers who have lost their jobs by allowing enrollment when filing for unemployment insurance. 
  • Extend eligibility, suspend work requirements and sanctions, and delay all public benefits recertification requirements. 

Healthcare for all 

  • Provide for immediate access to healthcare through Medicaid for all Medicaid applicants.  
  • Assure immigrant communities that screening and treatment for COVID-19 do not impact public charge determinations and will not have immigration consequences. 
  • Ensure hospitals and clinics are safe spaces regardless of immigration status.  
  • Require employers maintain health insurance benefits regardless of reduction of work hours resulting from the pandemic. 
  • Call for a federal amendment to the Medicaid statutes to add a state option extending coverage to the uninsured for all medical services in connection with COVID-19. 

Moratorium on evictions, foreclosures, towing, and utility shut offs 

  • Stay all court eviction and foreclosure proceedings statewide to slow the spread of COVID-19 and prevent an increase in homelessness in New Mexico.   
  • Create a rent relief fund to help impacted families. 
  • Stop all utility shut offs. 
  • Place a moratorium on towing vehicles. 

Include all New Mexicans in the response to this crisis 

  • Protect New Mexicans without homes by providing emergency resources to shelters and on-location medical care.
  • Local governments should affirm their institutional commitment to all immigrant community members who may be targets of xenophobic behavior. 
  • Reduce the number of people in custody and release nonviolent defendants and people serving sentences for nonviolent offenses. 

The groups commend government officials and state leaders for the expedient initial steps already taken to mitigate the harm New Mexicans are facing. However, the groups maintain that much remains to be done without delay to protect the wellbeing of all New Mexico’s families.  

The full recommendations can be found here: http://nmpovertylaw.org/strategies-to-mitigate-covid-19-impact-on-nm-2020-03-18/

Mobile home park residents fight illegal fines and eviction

Residents file class action lawsuit in Second Judicial Court

ALBUQUERQUE—Residents of Aztec Village, a mobile home park in Albuquerque, came together for fairness and dignity in their community today and sued the corporate landlord and manager of the park where their homes are located. The residents charge that Nodel Parks LLC—which owns mobile home parks throughout the country, including six in Albuquerque—and park manager Magdalena Vila illegally and arbitrarily fined them for alleged infractions of community rules and threatened them with eviction when they couldn’t pay. 

The plaintiffs in the class action lawsuit Chavez v. Nodel Parks, LLC  are represented by the New Mexico Center on Law and Poverty and Parnall and Adams Law. The lawsuit was filed in Second Judicial District Court in Albuquerque today.

“Really, the people who live here, we are like family,” said Marlena Martinez, a longtime Aztec Village resident who helped organize residents to fight the park’s unfair practices. “Over 100 families live here, and some of us have been here for over 40 years. It’s an understatement to say that we are invested in our community. Ever since management began unfairly fining us and forcing people out of the community, we have been fighting together for our homes, our financial stability, and to stay together.”

Nodel Parks changed management of Aztec Village in May of 2019 and soon began issuing fines for violations of what the manager said were community rules. However, many of the alleged violations residents were fined for, including disposing of leaves in community dumpsters and having child toys in the front yard, were not actual violations of Aztec Village’s rules. 

Rather, the rules and fines enforced by Nodel Parks are arbitrary decisions that the lawsuit claims are used to intimidate and coerce payment from residents in violation of state law. Residents informed Nodel Parks of the problems, but upper management refused to take any action. As a result, residents are forced to pay the illegal fines and are in danger of losing their homes when they cannot pay. 

The lawsuit comes at a time when New Mexico faces a severe housing crisis. The Housing and Urban Development Department found that the state topped the nation with a rise in homelessness with a 27% increase from 2018 to 2019. Homelessness in Albuquerque alone, rose by 15%.

Mobile homes are the single greatest source of affordable housing stock in the United States.

“Landlords must follow the law and treat residents with respect. There are hundreds of communities like Aztec Park across the state, and unfair policies and practices like these push hard working New Mexican families out of their communities and onto the streets,” said Maria Griego, supervising attorney at the New Mexico Center on Law and Poverty. “When you own your home but rent the land it’s on, you are at particular risk of unfair and predatory practices by landlords. For this very reason, the New Mexico Legislature enacted the New Mexico Mobile Home Park Act to protect mobile home park residents.”

The state Mobile Home Park Act requires mobile home park owners to publish and enforce community rules only after soliciting comments from the community and posting responses. The law prohibits mobile home park owners from charging fines for violations of community rules and/or rental agreements. Instead, the law requires notice and an opportunity to rectify a violation. 

The families are asking the court to order defendants to stop:

  • Issuing fines for alleged or actual violations of rental agreements and/or the community rules and regulations;
  • Sending notices that threaten to evict or take further action against tenants if they don’t pay the fines; 
  • Rejecting rent from tenants if the total amount does not include any fines assessed against the tenant. 

The families are also asking the court to require the defendants to pay money damages for each instance in which the park management violated New Mexico law.

“I’m a homeowner just like any other and deserve to be treated fairly and with respect,” said Martinez.  “We are not going to let them get away with tearing our communities apart and cheating us out of our homes.”

Attorneys on the lawsuit Chavez v. Nodel Parks, LLC, include Maria Griego, Lindsay Cutler, and Sovereign Hager from the New Mexico Center on Law and Poverty and David Adams and Charles Parnall from Parnall and Adams Law.

The complaint can be found here: http://nmpovertylaw.org/complaint-chavez-v-nodel-parks-llc-01-30-2020/

The exhibits can be found here: http://nmpovertylaw.org/exhibits-chavez-v-nodel-parks-2020-01-30/