A judge in Bernalillo County, New Mexico, issued a preliminary ruling in late September 2023 mandating that the City of Albuquerque cease the arrest or intimidation of unhoused individuals occupying public areas by November 1, 2023. The ruling, which represents a pivotal moment in efforts to address the treatment of unhoused individuals in the City of Albuquerque, came in response to disturbing reports about city employees and members of law enforcement discarding the property of individuals on the streets, often under the guise of “cleaning efforts.”
Under the ruling, the city is prohibited from penalizing unhoused individuals for residing in public spaces when there is a lack of available housing or shelter. Furthermore, the city is prohibited from confiscating and destroying the personal belongings of unhoused individuals without prior notice, a hearing process, and an opportunity for individuals to reclaim their possessions. However, there are exceptions to these restrictions, primarily concerning school property, sidewalks, streets, and alleyways, provided that an immediate public safety hazard exists.
The origin of the ruling can be traced back to the fact that numerous unhoused individuals in Albuquerque have had their belongings discarded without any form of notification. The ruling seeks to address the city’s punitive measures against unhoused individuals and emphasizes the need for long-term solutions. Some of these solutions could involve fully funding the state’s housing trust fund, investing in rental assistance programs, and preserving affordable housing options.
Numerous unhoused plaintiffs courageously came forward to share their personal stories and the hardships they endured due to the seizure of their property. The plaintiffs in this case comprised unhoused individuals living in Albuquerque and were represented by prominent organizations, including the ACLU of New Mexico, the New Mexico Center on Law and Poverty (NMCLP), and Davis Law New Mexico. The plaintiffs filed their lawsuit in December 2022, but it wasn’t until September 2023 that a preliminary ruling was issued.
The ruling underscores the critical importance of affordable housing for low-income and unhoused individuals in Albuquerque. The housing crisis in the city stems from a range of factors, including escalating rents, a shortage of deeply affordable housing options, and local zoning and development regulations that restrict housing production. These elements collectively contribute to the rising rate of homelessness in the area.
In May 2023, the New Mexico Legislative Finance Committee (LFC) released a report revealing a 48% increase in homelessness in the state. The report also illuminated the long-term financial burden placed on taxpayers as a result of the incarceration of unhoused individuals. Estimates in the report indicated that, with an approximate population of 3,842 unhoused individuals, the ongoing costs for hospitalization, incarceration, and medical treatment could range from $98.5 million to $192 million. Given the escalating homelessness crisis in New Mexico, it is imperative to address the root causes by providing housing to individuals rather than squandering taxpayer dollars on other services.
The judge’s initial ruling stands as a victory for housing and homelessness advocates in New Mexico and highlights the importance of ensuring stable housing for families and individuals rather than resorting to criminalization. This triumph echoes similar rulings from judges in the southwestern United States, notably in Arizona, which has prohibited sleeping or camping bans.
It is important to note that the ruling delivered by the judge in Bernalillo County is a preliminary one, meaning that it is temporary. The status of the ruling has left housing advocates in New Mexico eager for a final decision that will provide lasting guidance on this crucial issue.
To learn more about the preliminary ruling and stay informed about the forthcoming final ruling, please visit: www.aclu-nm.org.
For additional information on NLIHC's Housing First initiatives, please visit: https://nlihc.org/explore-issues/housing-programs/housing-first.