Are you unhoused or experiencing homelessness in Albuquerque?
You have rights.
Information updated: April 18, 2025
Advocates are fighting to protect your rights in court through a lawsuit against the City of Albuquerque. The lawsuit challenges the City of Albuquerque’s treatment of unhoused people and their belongings on public property. From 2024 through February 2025, the lawsuit was paused, but now it is moving forward again.
What are my rights?
In 2023 and part of 2024, a preliminary injunction – a temporary court order – protected unhoused people and their belongings on public property. That order has been lifted, which means that no court order protects your rights to be outdoors on public property with your belongings. The court may enter another order in the future. Advocates will share updated information then.
In the meantime, even without a court order, the city should not seize your property without providing notice and an opportunity to be heard. If the city seizes your property, it should provide you with an opportunity to reclaim your property within a reasonable amount of time before destroying it.
Additionally, even without a court order, the city should not force you to move from public property if you have no place to stay indoors.
Finally, even without a court order, the city should not force you to stay in a place that isn’t safe for you. Many people experiencing homelessness have reported unsafe conditions in the Westside Shelter.
What happens if the Albuquerque police or city workers violate these rights?
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.
If I call the lawyers, will they be able to help me right away?
Unfortunately, the lawyers will not be able to help you right away. They are gathering evidence to share with the court in future motions –arguments for the court – and at the trial in this case, which will likely take place in 2026. The evidence that unhoused people share is very important for the case.
