Are you unhoused or experiencing homelessness in Albuquerque?
Advocates continue to fight to protect your rights in court through a case challenging the City of Albuquerque’s practices related to the treatment of unhoused people and their belongings on public property. The case is ongoing.
Do I have the right to be outside on public property?
An injunction that was previously in place to protect the rights of unhoused people on public property has been lifted. As of April 2, 2024, no court order protects your rights to be outdoors on public property.
Do I have rights to my belongings?
An injunction that was previously in place to protect your belongings from being seized and destroyed by Albuquerque police and other Albuquerque city workers without a hearing has been lifted. As of May 17, 2024, no court order protects your belongings from being seized and destroyed by Albuquerque police and other Albuquerque city workers without a hearing.
However, even without a court order the City should not be seizing your property without providing notice and an opportunity to be heard. If the City does seize your property, it should provide you an opportunity to reclaim your property within a reasonable amount of time before destroying it.
Does the City have a policy concerning encampments?
Yes. The City has its own policy that it is supposed to follow concerning encampments. The policy provides some protections for unhoused individuals. However, the City often fails to comply with its own policies. Regardless, if you are unhoused in Albuquerque you should familiarize yourself with the policy and inform City workers about it if they attempt to seize your belongings or move you from a public space. Click here to view the City's policy.
What happens if Albuquerque police or city workers take or destroy my belongings?
You can call the lawyers who brought this case to protect your rights at (505) 255-2840 and leave a voicemail message. Make sure to clearly say and spell your name and your phone number and explain what happened. This is very important so the lawyers can present evidence to the judge about what the city is doing.
