This blog article is an in-depth report on Albuquerque’s homeless numbers, the city’s policy adopted to remove homeless encampments from public and private property and the need for the city to enforce its vagrancy laws as allowed by the United State Supreme Court.
THE POINT-IN-TIME COUNT
The Point-In-Time (PIT) count is the annual counting individuals and families experiencing sheltered and unsheltered homelessness within a community on a single night in January. On July 31, the New Mexico Coalition to End Homelessness released the 2024 Point-In-Time (PIT) Report for the numbers of unhoused in Albuquerque. This year’s PIT count occurred on the night of January 29. The link to review the entire 62-page 2024 PIT report is here:
https://www.nmceh.org/_files/ugd/ad7ad8_4e2a2906787e4ca19853b9c7945a4dc9
HOUSEHOLDS COUNTED IN ALBUQUERQUE
The 2024 PIT survey reported that the total count of HOUSEHOLDS experiencing homelessness in Albuquerque on January 29, 2024 was 2,248. (Households include those with or without children or only children.) The breakdown is as follows:
- Emergency Shelters: 1,018
- Transitional Housing: 174
- Unsheltered: 1,056
TOTAL HOUSEHOLDS: 2,248
PERSONS COUNTED IN ALBUQUERQUE
The 2024 PIT survey reported that the total count of PERSONS experiencing homelessness in Albuquerque on January 29, 2024 was 2,740 broken down in 3 categories.
- Emergency Shelters: 1,289
- Transitional Housing: 220
- Unsheltered: 1,231
TOTAL PERSONS: 2,740
UNSHELTERED BREAKDOWN
The data breakdown for the 2024 Albuquerque UNSHELTERED was reported as follows:
- 960 (78%) were considered chronically homeless.
- 727 (22%) were not considered chronically homeless.
- 106 (8.6%) had served in the military.
- 927 (75.3%) had NOT served in the military.
- 669 (56.6%) were experiencing homelessness for the first time.
- 525 (42.6%) were NOT experiencing homelessness for the first time.
- 5% of all respondents said they were homeless due to domestic violence with 49.2% of those being women..
- 4% said they were adults with a serious mental illness.
- 0% said they were adults with a substance abuse disorder.
- 8% said they were adults with another disabling condition.
- 3% were asdults with HIV/AIDS.
THOSE WHO MOVED TO NEW MEXICO FROM ELSWWHERE
For the first time, the PIT tried to gage the migration of the unhoused to New Mexico from other states. Individuals who stated they moved to New Mexico from somewhere else were asked whether or not they were experiencing homelessness when they moved to the State. They responded as follows:
- 82 (24.8%) said they were homeless before moving to the state.
- 212 (63.8%) said they were not homeless before moving to the state.
- 77 (11.4%) refused to answer
BARRIERS TO HOUSING LISTED
Unhoused respondents were asked to list the barriers they are currently experiencing that are preventing them from obtaining housing. The response options were developed during multiple meetings with community planning groups and based on responses to a similar 2023 survey question. The responses were as follows:
- Access to services: 439 responses (42%)
- Access to communication: 263 responses 25%
- Available housing is in unsafe neighborhoods: 119 responses 11%
- Credit issues: 150 responses 14%
- Criminal record: 220 responses 21%
- Deposit/Application fees: 316 responses 30%
- Lack of vouchers (rental subsidies: 333 responses 32%
- Missing documentation: 374 responses 35%
- No housing for large households: 33 responses 3%
- Pet deposits/Pet Rent: 57 responses 5%
- Pets not allowed/Breed Restrictions: 48 responses 5%
- Rental history: 144 responses 14%
- Rental prices: 340 responses 32%
- Safety/Security: 77 responses 7%
- Substance Use Disorder: 283 responses 27%
- Lack of employment: 45 responses 4%
- Disabled: 34 responses 3%
- No mailing address: 31 3%
- Lack of income: 30 3%
- Homeless by choice: 30 responses 3%
- Ineffective service landscape: 25 responses 2%
- Lack of transportation: 14 responses 1%
- Discrimination: 8 responses 1%
ENCAMPMENT CLEANUPS AND REMOVAL
For the very first time, Albuquerque’s Unhoused were asked how many times has their encampment been decommissioned (removed) by the city over the last year. Following are the statistics:
- 69 reported once
- 98 report twice
- 67 reported three times
- 55 reported 4 times
- 497 report 5 time or more
EDITOR’S NOTE: During the July 29 Town Hall meeting held by Governor Michelle Lujan Grisham on “Public Safety”, Mayor Tim Keller proclaimed the city of Albuquerque is cleaning up and removing upwards of 1,000 encampments a month. Keller gave no further information and his claim appears to be an embellishment when compared to the PIT survey results.
ITEMS LOST AS A RESULT OF CITY CLEAN UPS
The unhouse surveyed were asked what types of items they lost during encampment removals. Losing these items can hinder progress toward housing and cause emotional distress, especially when sentimental items are involved. The response categories are not mutually exclusive and respondents were allowed to select more than one that applied.
- 81% said they lost their birth certificate.
- 5% said they lost a phone or tablet.
- 4% said they lost personal or sentimental items.
- 5% said they lost prescription medications.
- 9% said they lost social security cards.
- 6 said they lost a state ID or driver’s license.
NEW MEXICO STATUTES AND CITY ORDINANCES
New Mexico Statutes and City Ordinances that have been enacted to protect the general public health, safety, and welfare and to protect the public’s peaceful use and enjoyment of property rights. All the laws cited have been on the books for decades and are applicable and are enforced against all citizens and not just the unhoused. The specific statutes cited in the lawsuit are:
- NMSA 1978, Section 30-14-1 (1995), defining criminal trespass on public and private property.
- NMSA 1978, Section 30-14-4 (1969), defining wrongful use of property used for a public purpose and owned by the state, its subdivisions, and any religious, charitable, educational, or recreational association.
- Albuquerque City Ordinance 12-2-3, defining criminal trespass on public and private property.
- Albuquerque City Ordinance 8-2-7-13, prohibiting the placement of items on a sidewalk so as to restrict its free use by pedestrians.
- Albuquerque City Ordinance 10-1-1-10, prohibiting being in a park at nighttime when it is closed to public use.
- Albuquerque City Ordinance 12-2-7, prohibiting hindering persons passing along any street, sidewalk, or public way.
- Albuquerque City Ordinance 5-8-6, prohibiting camping on open space lands and regional preserves.
- Albuquerque City Ordinance 10-1-1-3, prohibiting the erection of structures in city parks.
All the above laws are classified as “non-violent crimes” and are misdemeanors. The filing of criminal charges by law enforcement are discretionary when the crime occurs in their presence. The City of Albuquerque and the Albuquerque Police Department has agreed that only citations will be issued and no arrests will be made for violations of the 8 statutes and city ordinance as part of a court approved settlement in a decades old federal civil rights lawsuit dealing with jail overcrowding.
US SUPREME COURT CASE GRANTS PASS V. JOHNSON
On June 28, the United State Supreme Court announced its ruling in the case of Grants Pass v. Johnson where the court held that local laws effectively criminalizing homelessness do not violate the U.S. Constitution and do not constitute cruel and unusual punishment.
The case challenged a municipality’s ability to bar people from sleeping or camping in public areas, such as sidewalks and parks. The case is strikingly similar in facts and circumstances and laws to the case filed against the City of Albuquerque over the closure of Coronado Park.
The case came from the rural Oregon town of Grants Pass, which appealed a ruling striking down local ordinances that fined people $295 for sleeping outside after tents began crowding public parks. The homeless plaintiffs argued that Grants Pass, a town with just one 138-bed overnight shelter, criminalized them for behavior they couldn’t avoid: sleeping outside when they have nowhere else to go.
Meanwhile, municipalities across the western United States argued that court rulings hampered their ability to quickly respond to public health and safety issues related to homeless encampments. The U.S. 9th Circuit Court of Appeals, which has jurisdiction over the nine Western states, ruled in 2018 that such bans violate the Eighth Amendment in areas where there aren’t enough shelter beds.
The United States Supreme Court considered whether cities can enforce laws and take action against or punish the unhoused for sleeping outside in public spaces when shelter space is lacking. The case is the most significant case heard by the high court in decades on the rights of the unhoused and comes as a rising number of people in the United States are without a permanent place to live.
In a 6-3 decision along ideological lines, the Supreme Court reversed a ruling by a San Francisco-based appeals court that found outdoor sleeping bans amount to “cruel and unusual punishment” under the United States Constitution. The majority found that the 8th Amendment prohibition against cruel and unusual punishment does not extend to bans on outdoor sleeping in public places such as parks and streets. The Supreme Court ruled that cities can enforce bans on homeless people sleeping outdoors, even in West Coast areas where shelter space is lacking.
CITY PROCESS IN PLACE TO DEAL WITH REMOVAL OF HOMELESS ENCAMPMENTS
The City of Albuquerque has adopted a written policy for responding to encampments on public property. The policy was first adopted in October, 2021 and then revised October, 2022. The link to review the entire 16-page policy is here:
https://www.cabq.gov/health-housing-homelessness/documents/final-fcs-encampment-policy-11-7-22.pdf
Following is a summary of the process followed by the city for the removal unhoused encampments.
BALANCING ACT OF COMPETING INTERESTS
The City’s policy on encampment removals states in part:
“There are particularly high rates of homelessness among Native Americans, Black and Hispanic populations, people with disabilities, and people with mental health or substance use disorders. People experiencing homelessness are frequently victims of crime and certain populations are especially susceptible to human trafficking, sex crimes, and other crimes of violence. The City of Albuquerque recognizes that there are no “homeless people,” but rather people who have lost their homes and deserve to be treated with dignity and respect.”
The goal of the City of Albuquerque policy on encampments is to balance multiple, and sometimes competing, priorities from a diverse group of stakeholders. The stakeholders include homeowners, business owners, public health and safety officials, and the unsheltered themselves.
The city policy on encampment removal provides in pertinent part as follows:
“In order to strike the right balance, the City must ensure that the rights of people who are unsheltered are given equal protection under the law. As cities struggle to accommodate rising numbers of unsheltered people and encampments, the courts have also weighed in on how to balance public safety and constitutional rights.
While this is a rapidly evolving area of the law, courts have recognized that there are legitimate public safety reasons for removing or cleaning up encampments, such as the safety of unsheltered people, unsanitary conditions, and public health concerns. However, courts have also identified several constitutional concerns that must be addressed [when an encampment is dispersed] including
- Adequate notice provisions prior to removal,
- Due process for retrieving personal property,
- Assessment of individual needs such as mental or physical disability, and
- Whether appropriate shelter beds exist in the community as a condition prior to removal of an encampment.”
GUIDING PRINCIPLES
The City of Albuquerque has enunciated 4 major guiding principles for removal unhoused encampments. The 4 guiding principles are:
- HARM REDUCTION: This Refers to policies, programs, and practices that aim to minimize negative health, social, and legal impacts associated with drug use, drug policies, and drug laws. Harm reduction is grounded in justice and human rights. It focuses on positive change and on people without judgement, coercion, discrimination, or requiring that they stop using drugs as a precondition of support.
- TRAUMA-INFORMED: Trauma-informed approaches emphasize safety, trustworthiness, peer support, collaboration, empowerment, and a focus on cultural, historical and gender issues.
- HOUSING FIRST: The Housing First principle recognizes that the primary need of people experiencing homelessness is housing. This Housing First approach is based on the premise that people are best able to address their needs, such as substance abuse and mental health treatment and employment, once they have a home.
- PERSON-CENTERED RESPONSE: The City aims to provide person-centered, trauma-informed care that respects the dignity and ensures the safety of all individuals and families seeking assistance. Progressive engagement that is respectful of participant choice and attuned to participant safety and confidentiality needs will inform data collection efforts, level of services provided, and location/type of housing accessed.
CLEARING OF ENCAMPMENTS BY CITY
The City of Albuquerque no longer relies on the Albuquerque Police Department (APD) as the primary or only city department for removal of unhoused encampments. There are 4 other city departments working together that are now primarily responsible for homeless encampment removals. Those 4 city departments are:
- The Health, Housing & Homelessness Department
- The Albuquerque Community Safety Department
- The Planning Department Code Enforcement
- Solid Waste Department
When an encampment is reported and a complaint is filed, it is usually first handled by the Albuquerque Community Safety Department. The city sends outreach providers to speak to the homeless to see what services they might need or want and what services can be offered. A member of the city outreach team will visit the reported site to address the encampment and offer resources including shelter, transportation, and personal storage.
The city has an “encampment team” made up of seven people. Their job is to respond to reported encampments set up on public property, and give the people living there the written “notices to vacate.” After the assessment, written “notices to vacate” are issued. The homeless are given a full 72 hours to clear the area of their personal property and belongings.
The camps are then cleared by the city Solid Waste. Once the 72 hours time is up, the encampment team checks in to make sure the people have in fact moved. Once the encampment has been vacated, the city cleans up whatever is left behind at the camp which includes many times trash and needles for illicit drug use.
311 CITIZENS CONTACT CENTER FIRST STEP
The preferred method for the general public or City employees to report an encampment is through the 311 citizens contact center. Encampments within city limits can be reported by calling 311 (505-768-2000) or using the ABQ311 App. However, members of the public and City employees can report encampments directly to other City departments.
The 311-citizen contact sends referral reports on encampments that appear to be on public property to the Family and Community Safety Department (FCS) designee. The 311-citizen contact center sends referral reports on encampments that appear to be on private property to the Code Enforcement Division of the Planning Department.
“PRIVATE PROPERTY” is defined as any property that is not owned by a governmental entity, such as an individual, business, or non-profit organization, including but not limited to business parking lots and private residences.
“PUBLIC PROPERTY” is defined as any real property owned by any governmental entity within the municipal limits of the city, including but not limited to, the public way, right-of-way, roads, streets and public alleys.
The 311 citizens contact center is required to collect information from callers or via the 311-application process to enable the Family and Community Safety designee to determine the priority level of encampments reported to 311.
RISK ASSESSMENT ANALYSIS
After the 311 citizens contact center receives a report of an encampment, the Family and Community Safety Department Designee determines whether the encampment is located upon public or private property and conducts a “Risk Assessment Analysis”.
If the FCS Designee identifies the property on which the encampment is located is on private property, it must coordinate with the Code Enforcement Division, which will then address the encampment following their own protocol for addressing encampments on private property.
If the FCS Designee identifies the property upon which the encampment is located as public property, they must take actions in accordance with the city’s encampment removal policy.
RISK ASSESSMENT ANALYSIS & PRIORITIZATION OF RESPONSE
The FCS designee conducts a “Risk Assessment Analysis” of each encampment located on public property based on the information reported about the encampment. The Risk Assessment Analysis considers the following:
- The location of the encampment
- The risk to encampment occupants and other users of the public space in which the encampment is located
- The number of encampment occupants and
- The presence of needles and/or human waste
Based on the risk analysis, encampments are prioritized as a 1, 2, or 3 priority. The FCS Designee responds to encampments identified as “priority 1” first, then “priority 2” and so on. Based on the risk assessment analysis, encampments on public property are defined and prioritized as follows:
PRIORITY ENCAMPAMENTS OUTLINED
The city has defined and prioritized encampments as follows:
PRIORITY 1 ENCAMPMENTS are those that meet the definition of immediate hazard or obstruction or are:
- Located in a public park where children’s programming occurs.
- Located at or adjacent to a community center, senior center, multigenerational center and early childhood development center.
- Located adjacent to or in the median of a roadway or obstructing any street, sidewalk, bus stop, crosswalk, bicycle lane, bicycle path, foot path, areas of City-owned property within 10 feet of a street without sidewalks, or other public way.
- On a footbridge over a roadway.
- Where an Albuquerque Police Department (“APD”) officer observes felony possession of narcotics or other felonious activity.
“IMMEDIATE HAZARD” is defined as a situation where an encampment creates an immediate and articulable risk of serious injury or death to either the residents of the encampment or others. Immediate Hazard includes encampments within 10 feet of any public facility where children are present or children’s programming occurs. Immediate Hazard also includes encampments within the Rio Grande Valley State Park, or any public property where fire restrictions have been imposed.
“OBSTRUCTION” means people, tents, personal property, garbage, debris or other objects related to an encampment that interfere with areas that are necessary for or essential to the intended use of a public property or facility.
PRIORITY 2 ENCAMPMENTS meet one or more of the following criteria:
- Located in an underpass near a roadway
- Five or more encampment residents and/or structures are present
- Human waste present
- Significant quantities of hypodermic needles present
PRIORITY 3 ENCAMPMENTS are all encampments that do not meet the criteria above.
INITIAL ENCAMPMENT CONTACT
The Health, Housing & Homelessness Department (FCS) or the Albuquerque Community Safety Department (ACS) goes to the encampment location in person to attempt to engage the homeless encampment residents. The first priority of the FCS or ACS Designee is to engage encampment residents, assess their basic needs, and provide any notice required by the policy to vacate the area.
The FCS or ACS Designee is required to attempt to educate encampment residents regarding resources and provide basic referral information to such resources, including but not limited to meals, showers and bathroom facilities, emergency shelter, medical services and supportive housing programs. If appropriate, the ACS Designee may transport individual(s) to shelter, provider, or location in which long term care can be provided.
When an encampment resident requests medical assistance or has an injury that poses a risk of death or serious bodily harm, the FCS or ACS Designee is required to contact the 9-1-1 emergency dispatch center.
If the FCS or ACS Designee observes any weapons at the encampment the FCS or ACS Designee is not to engage with the unhoused encampment residents and may request APD assistance.
REMOVAL OF ENCAMPMENTS – IMMEDIATE HAZARD OR OBSTRUCTION
The City is not required to provide notice to remove an encampment constituting an immediate hazard or obstruction. Immediate hazards are not typical encampments because an encampment that is an immediate hazard must present an imminent risk of serious injury or death. Immediate hazards are an emergency exception to the general rule that notice is required before requiring the removal of an encampment.
If unhoused are present at the encampment when the FCS Designee identifies that an encampment is an immediate hazard or obstruction, the city personnel must work collaboratively with the homeless to allow for them to collect and remove their own Personal Property, connect them to social services and shelter, identify and offer to store any Personal Property, identify where Personal Property will be stored if removed by the City, and explain how Personal Property may be claimed by its owner.
All trash or debris that are in the immediate area of the encampment may be removed and disposed of. An FCS designee will ask the persons at the encampment to assist with the clean-up. If the resident has difficulty complying due to underlying behavioral health issues, the FCS Designee may request an ACS Behavioral Health Responder.
If persons are not present at the encampment when City staff identify the encampment as an immediate hazard or obstruction, the City shall take steps to identify and coordinate with the appropriate responsible entity to preserve Personal Property, provided that doing so does not pose a danger to the City Employees present.
All trash or debris that are in the immediate area of the encampment may be removed and disposed of immediately.
The City will not attempt to collect or store, and may instead immediately remove and dispose of, Personal Property that exceeds any storage limits established by the City. The City will not attempt to collect or store, and may instead immediately remove and dispose of, the following items:
- Any items that are not deemed to be Personal Property.
- Any items that are deemed to be hazardous.
- Shopping carts.
- Large collections or items, including collections of bicycle parts.
- Large furniture items.
- Building materials such as wood products, metal, pallets, or rigid plastic.
72 HOUR NOTICE REQUIREMENT FOR ENCAMPMENT REMOVAL
If individuals are not present and the encampment is not an immediate hazard or obstruction, the FCS Designate will post a written notice on or near the encampment stating:
- The date and time the notice was posted.
- The date and time by which the individual is required to vacate the area, which shall be 72 hours at minimum after the date and time notice was posted.
- Contact information for outreach providers and shelter alternatives.
- That the encampment is subject to removal and cleanup.
- Where Personal Property will be stored if removed by the City; and
- How Personal Property may be claimed by its owner.
If individuals are present and the encampment is not an immediate hazard or obstruction, the FCS Designee shall give verbal and written notice to the individuals that the encampment is subject to removal.
ENCAMPMENT OUTREACH MEASURES
At the time homeless encampment residents are informed that an encampment is an immediate hazard or obstruction, or at the time notice is posted, the FCS Designee shall engage encampment residents and assess their basic needs. The FCS Designee shall attempt to educate encampment residents regarding resources and provide basic referral information to such resources, including but not limited to meals, showers and bathroom facilities, emergency shelter, medical services and supportive housing programs.
Before the encampment is removed, the FCS or ACS Designee shall take reasonable steps to determine if there is shelter space available for the encampment resident(s).
For all encampments that are not an immediate hazard or obstruction, FCS shall refer the encampment to the ACS Designee or personnel using a shared database. The ACS Designee shall conduct outreach to the encampment residents in accordance with ACS protocol.
The FCS or ACS Designate shall assess whether removing the encampment will disrupt the encampment resident’s current connection to services. If so, the FCS or ACS Designee shall take steps to mitigate that impact.
For the removal of encampments that constitute an immediate hazard or obstruction, the FCS Designee shall contact ACS Designee to see if an outreach specialist is immediately available to conduct outreach prior to the encampment removal. If an ACS Designee is not available, FCS Designee may proceed with the removal of the encampment after providing information about resources.
To effectively communicate with those experiencing homelessness and providers who assist with long term care, ACS provides community outreach and provides updates on policy or personnel changes. Outreach and education efforts include:
- Staff and leadership will regularly meet and work with local community organizations, providers and those experiencing homelessness.
- The Community Safety Department will also solicit input from community and its representatives through facilitations and surveys.
ENCAMPMENT REMOVAL & SITE CLEAN-UP
Encampments that are not an immediate hazard or obstruction shall not be removed without the required notice provisions and verifying whether available emergency shelter beds exist in the community. After these steps have been completed, if the encampment is still present, the City may initiate removal of the encampment.
Except for an immediate hazard or obstruction, the FCS or ACS Designee shall take reasonable steps to confirm whether available emergency shelter beds exist prior to any enforcement action, including removal of an encampment.
The FCS or ACS Designee shall use their observations of the encampment resident(s) and information reported by the encampment resident(s) to make this determination, including to determine whether there is a shelter bed that can reasonably accommodate the individual’s mental or physical needs or disabilities.
If available emergency shelter beds do not exist, the FCS Designee may not require the removal of the encampment. If available emergency shelter beds do exist, FCS or ACS Designee shall inform the individuals where beds are available, provide contact information for facility and provide transportation to such facility if requested.
If persons are present at the encampment when FCS Designee return to the site after the period specified in the written removal notice has expired, the following protocol is to be followed:
- FCS Designee shall work collaboratively with such persons to allow reasonable time for them to collect and remove their own Personal Property and to identify and offer to store any Personal Property.
- The FCS Designee shall educate encampment resident regarding resources, and provide basic referral information to such resources, including but not limited to meals, showers and bathroom facilities, emergency shelter, medical services and supportive housing programs.
- All trash or debris that are in the immediate area of the encampment, and any items that are deemed hazardous, may be removed and disposed of immediately.
- As part of the removal of any trash and / or debris, the City shall not destroy any materials of apparent value which appear to be the Personal Property of any individual, except that the City may immediately remove and destroy any items that cannot be stored by the City. Those items that may be immediately removed include items that are deemed hazardous, any shopping carts, large collections of items including collections of bicycle parts, large furniture items, and building materials such as wood products, metal, pallets, or rigid plastic;
- Personal Property and Special Personal Property must be collected and stored as provided by the policy.
- The FCS Designee shall be responsible for identifying what is Personal Property, Special Personal Property, trash or debris, hazardous items, or items that otherwise cannot be stored by the City; and
- If any Personal Property or Special Personal Property is stored, FCS designee shall provide written notice indicating where the property has been stored and how to retrieve the property.
“PERSONAL PROPERTY” means an item that is reasonably recognizable as belonging to a person that has apparent utility in its present condition and circumstances or is identified by an owner as personal property. Examples of personal property include but are not limited to tents, bicycles, radios and other electronic equipment, crutches, wheelchairs, and all items of Special Personal Property. Personal property does not include trash or refuse, including empty plastic or paper bags. The relevant City Employee or contracted entity shall determine whether an item is personal property, and in cases when the status of an item cannot be reasonably determined under the totality of the circumstances, the item shall be treated and handled as personal property.
“SPECIAL PERSONAL PROPERTY” means personal property that is specifically identifiable or of readily identifiable unique value and would be difficult to replace, including, but not limited to, identification documents, birth certificates, photographs, address & phone number books, paperwork including notebooks with writing, mail, and any notices from governmental agencies, eyeglasses, or prescription medication. Special personal property does not include weapons, contraband or illegal items such as illicit drugs.
“LOST OR ABANDONED PROPERTY” means property that has been physically
relinquished or affirmatively disclaimed by encampment resident, when encampment
resident is present; trash and debris left in a public area; and property deserted beyond
a reasonable period of time, when considering the totality of the circumstances, is
abandoned. Property left in someone else’s care is not abandoned.
If persons are not present at the encampment when the FCS Designee returns to the site after the period specified in the written removal notice has expired the following protocol is to be followed:
- The City shall take reasonable steps to identify and coordinate with appropriate responsible agencies to preserve Personal Property, provided that doing so does not pose a danger to the City Employees present.
- All trash or debris that are in the immediate area of the encampment, and any items that are deemed hazardous, may be removed and disposed of immediately.
- As part of the removal of any trash and/or debris, the City shall not destroy any materials of apparent value which appear to be the Personal Property of any individual. There are exceptions that the city may immediately remove and destroy items that cannot be stored by the city, including items that are deemed hazardous, any shopping carts, large collections of items, including collections of bicycle parts, large furniture items, and building materials such as wood products, metal, pallets, or rigid plastic.
- Personal Property and Special Personal Property, other than items identified that cannot be stored by the City, shall be collected and stored as provided by the policy.
The FCS Designee shall be responsible for identifying what is Personal Property, Special Personal Property, trash or debris, hazardous items, or items that otherwise cannot be stored by the City vi. If any Personal Property or Special Personal Property is stored, FCS designee shall provide written notice indicating where the property has been stored and how to retrieve the property.
The FCS Designee shall work with the appropriate City department or other entity to clean the area where the encampment was located. When the Department of Solid Waste is the appropriate City department, the FCS Designee shall notify the Department of Solid Waste in writing with the location of the encampment prior to any site cleanup as well as the time for notice.
Whenever possible, City staff shall work collaboratively with residents of an encampment to clean up the area where an encampment is located.
90 DAY STORAGE OF COLLECTED PERSONAL PROPERTY
Personal Property collected by the City must be stored for 90 days without charge, during which time the property shall be available to be reclaimed by the owner. After the expiration of 90 days, any unclaimed property will be destroyed.
Special Personal Property shall be in a designated area, in order to make it easier for encampment residents to retrieve these items.
The FCS Designee determines whether an item is Personal Property and whether it is lost or abandoned.
In the case of lost or abandoned property, the FCS designee shall attach a written notice where the encampment was located indicating that Personal Property has been stored and how to retrieve the property.
Written notice is given to the individual instructing them how to claim their property. The Solid Waste Department shall dispose of any items that have been unclaimed for 90 days.
COORDINATION WITH APD
City Employees may request APD assistance at any point if they believe it is necessary. This may include, but is not limited to, situations in which the resident(s) of the encampment refuses to cooperate with the removal of the encampment after the appropriate notice period has passed or threatens the safety and security of the Designee.
The link to review the entire 16 page policy for responding to homeless encampments is here:
https://www.cabq.gov/health-housing-homelessness/documents/final-fcs-encampment-policy-11-7-22.pdf
The links to relied upon news sources are here:
COMMENTARY AND ANALYSIS
Being unhoused is not a crime. Government, be it federal or local, have a moral obligation to help and assist the unhoused, especially those that are mentally ill or who are drug addicted. The city has spent or is spending upwards of $100 million a year on homeless services including for two emergency shelters, subsidized housing, food and medical care and drug counseling. The vast majority of the chronically unhoused refuse or decline city shelter, housing, services and financial help offered or simply say they are not satisfied with what is being offered by the city.
The unhoused are not above the law. They cannot be allowed to just ignore the law, illegally camp wherever they want for as long as they want and as they choose, when they totally reject any and all government housing or shelter assistance. The City has every right to enforce its laws on behalf of its citizens to preserve and protect the public health, safety and welfare of all its citizens.
Unlawful encampment squatters who refuse city services and all alternatives to living on the street, who want to camp at city parks, on city streets in alleys and trespass in open space give the city no choice but to take action and force them to move on.
Allowing the homeless to use, congregate and camp anywhere they want for as long as they want in violation of city laws and ordinances should never be considered as an option to deal with the homeless crisis given all the resources the city is dedicating the millions being spent to assist the homeless.
The homeless crisis will not be solved by the city nor by Mayor Keller, but it can and must be managed. The management of the crisis is to provide the support services, including food and lodging, and mental health care needed to allow the homeless to turn their lives around, become productive self-sufficient citizens, no longer dependent on relatives or others.
Too many elected and government officials and organizations such as the American Civil Liberties Association of New Mexico, have a hard time dealing with the fact that many homeless adults simply want to live their life as they choose, where they want to camp for as long as they can get away with it, without any government nor family interference and especially no government rules and no regulations. No county and no municipality should ever be required to just simply ignore and to not enforce anti-camping ordinances, vagrancy laws, civil nuisance abatement laws and criminal laws designed to protect the general public’s health, safety and welfare of a community.
Squatters who have no interest in any offers of shelter, beds, motel vouchers or alternatives to living on the street really give the city no choice but to make it totally inconvenient for them to “squat” anywhere they want and force them to move on. After repeated attempts to force them to move on and citations, arrests are in order.
The link to a related blog article is here: