It has been reported that the City of Albuquerque is modifying and changing its policy for removal of homeless encampments to target the proliferation of homeless encampments along South of the State Fair Grounds on Central and in the International District. The entire South East Heights area South of the State Fair grounds on Central, bordered West by San Pedro and East by Louisiana all the way to Gibson on the South, has become overrun with encampments where literally hundreds of the unhoused are camping on the streets and blocking rights of ways, camping on sidewalks and congregating in alleys and area open space and in neighborhoods. The city and some businesses along central have taken to fencing off an alley way to prevent access and congregating by the homeless where illicit drug use is common.
As winter temperatures set in, the city of Albuquerque wants to “update” further its implemented homeless encampment removal policy to make it a top priority for removal by city crews tasked with clearing out encampments along South Central. There is no set date for when the updated encampment policy will take effect but the sooner the better. The Mental Health Response Advisory Committee is scheduled to review the changes and will provide comments on November 19 before finalizing the policy updates. The draft policy seeks to change the city policy implemented in October 2021 and revised a year later in October 2022.
The City of Albuquerque policy for responding to and removal of unhoused encampments was first adopted in October, 2021 and then revised October, 2022. The link to review the entire 2022 sixteen page encampment removal policy is here:
https://www.cabq.gov/health-housing-homelessness/documents/final-fcs-encampment-policy-11-7-22.pdf
The link to review the 10 page draft of the 2024 updated policy is here:
Click to access 2024-encampment-draft-policy-10-4-24-2-673423104024a.pdf
PROPOSED POLICY CHANGES
The newest updates to the homeless encampment removal policy changes the priority of what encampments to target first, shortens the timeline for which individuals must be notified of an encampment clearing, and how long they can store their personal items with the city. It also increases training for city officials who approach encampments.
When it comes to the priority of encampments to clear, per the new policy draft, those “within one block of Central Ave,” top the list, followed by encampments within 300 feet of school property and those in city parks. The new policy draft makes encampments within one block of Central to be cleared first followed by encampments within 300 feet of school property and encampments found in city parks and city open space.
The city defines an encampment as “an area where an individual or individuals have erected one or more tent or structures, placed multiple personal items on public property, or otherwise demonstrated an intent to remain in that location for 24 hours or more.”
“Immediate Hazard” homeless encampment is defined under the existing policy 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.”
In the recent draft of the encampment policy there are still priority encampment categories one through three, one being the most urgent. According to city officials, an “interaction team”, who are people designated by the Department of Health, Housing and Homelessness (HHH) to respond to encampments, and Albuquerque Community Safety Department (ACS) will offer the homeless resources, including a ride to a shelter. They will also give people notice before clearing the encampment.
The 3 tiers of priority encampments are:
Priority 1 encampments are made up of 17 kinds of encampments, topped by those near Central, schools and parks, including ones where human feces is present, those in an arroyo, ditch, or irrigation channels, those where access is restricted for an event or permit holder and wherever the city conducts municipal operations, just to name a few examples.
Priority 2 encampments are made up of six types of encampments topped by those within 300 feet of medical care, where individuals have “damaged or destroyed city property,” and where the city has responded to multiple calls for a fire.
Priority 3 encampments pertains to any encampment that doesn’t fit the criteria of the 23 sites explicitly listed.
The draft policy states that before clearing an encampment, “city personnel”, which is defined as any city employee or city contractor, should identify themselves, perform a wellness check and then attempt to educate those in the encampment on where they can get shelter, meals or medical care. The draft policy does call for increased training for each city employee who come into contact with the individuals at an encampment site.
The existing policy lists 9 types of encampments in all. Five are in Priority 1 and four are in Priority 2. The top prioritized encampment sites according to the 2022 policy are those located in a children’s park, near community centers and those “obstructing” streets and sidewalks.
Before removing an encampment, the current and the new draft policy state the city must evaluate how many available shelter beds are available. On November 1 the city announced the creation of a new “dashboard” that tracks the availability of beds at city shelters. On November 12, the city’s shelter tracking board listed 250 available beds of the 1,284 it tracks, 87 of which were at Gateway West.
The link to review the tracking board, which is updated constantly, is here:
https://www.arcgis.com/apps/dashboards/417f1dfbbecf48a5a4efc2ac114591c5
The Gateway West is the old westside jail converted and remodeled into a shelter. The biggest problem with the Gateway West shelter is that it is 30 minutes from the city’s core, away from many homeless service providers and where many people living on the streets do not want to stay.
If beds are not available at city shelters, the draft policy states that no action should be taken unless the encampment presents an “immediate hazard.” (See above definition of Immediate Hazard homeless encampment). If beds are available and the individual declines the offer of shelter, the city official can proceed with clearing the site. There is no need to notify whether or not an encampment is going to be cleared.
While not requiring notice to clear an encampment deemed an immediate risk, the existing policy allows for 72 hours of notice to be given to those occupying the encampment if they were not present. The new draft allows for only 24 hours of notice for Priority 2 encampments and 36 hours for Priority 3 encampments.
For Priority 1 encampments, the draft policy says the city personnel should give 2 hours’ notice to the individuals at the site but can give even less notice if deemed necessary. They can do this by simply enforcing existing city ordinances.
Late in 2023 and early in 2024, the city, especially its Solid Waste Management Department, came under fire for handling encampment clearings and throwing away unhoused residents’ belongings. The American Civil Liberties Union (ACLU) of New Mexico went so far as to file a class action lawsuit over how the City cleared and closed Coronado Park permanently which had become Mayor Keller’s de facto city sanction homeless encampment before he decided to close the park because of the extent of violent crime and illicit drug use. Keller declared the park “the most dangerous place in New Mexico” in the city despite the fact it was Keller who acquiesced in its usage as a homeless encampment.
The city is also changing the timeline for which property can and will be stored. In the existing policy, an individual could store property with the city for 90 days. The draft policy reduces the time to only allows for 14 days. According to the city, the reason for the reduction in days is that the city could not find a contractor that “was willing to do it for a reasonable price.”
Deputy Chief Administrative Officer Matthew Whelan said this about the proposed changes being made to the policy:
“There’s not a whole lot that’s different other than it just clearly defines different roles for each department, ensuring coverage and outreach coverage. It increases transparency, consistency and accountability. … Routinely, as times change or as things change, you have to take a look at them and change with them.”
“[South Central and the International District] is a really important area, and part of that is just because of the concentration of people that are in that area. … Shelter is a choice, and individuals have the right to refuse it. And what we’ve noticed over time is when you continually offer resources, and you’re continually out there, and you get to know the individual, they’re more likely to take up the resources, they’re more likely to go to Gateway West or the oncoming Gateway Center.”
The link to the relied upon and quoted news source are here:
https://www.koat.com/article/albuquerque-adds-changes-to-encampment-policy/62888573
CITY ORDINANCES PROHBITING ENCAMPMENTS
The city has enacted 6 ordinances that prohibits unhoused camping. Those ordinances are:
- 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.
On June 28, 2024 the United State Supreme Court announced its ruling in the case of Grants Pass v. Johnson where the court held that local laws that are said when enforced criminalize 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
CITY AND CHARTIABLE SHELTERS
Each year, the city attempts to make changes to improve the encampment removal policy to accommodate changing circumstances. City officials say the the ultimate goal is to get people into shelters. There are 9 City Shelters operated by the city itself or with partners and 2 operated independently from the city.
The 9 city shelters are:
- The Gateway West (the renovated Westside Jail): 630 Total Beds.
- The Gibson Gateway Center (the remodeled Lovelace Hospital): 50 total beds.
- The Family Gateway Center: 65 total beds.
- Berrett Foundation: 19 total beds.
- Good Shepherd: 35 total beds.
- HH – Albuquerque Opportunity Center: 57 beds.
- Safe House: 50 beds.
- YDI Amistad:16 beds.
- Gateway First Responder Receiving Area: 10 beds.
TOTAL: 932
The 2 private charitable organization run shelters are:
- Joy Junction: 290 beds.
- Steel Bridge: 77 beds
TOTALBEDS: 367
COMBINED TOTAL BEDS: 1,299
ALBUQUERQUE UNSHELTERED DATA BREAKDOWN
Mayor Tim Keller and City officials repeatedly say the city has 5,000 homeless but never fully articulate sources for the statistics. The reality is there is an embellishment of the figures by more than doubling an official count. During a 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 and he has since said the city needs to double the number.
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. This year’s PIT count occurred on the night of January 29. 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. The 2024 Point In Time survey provides far more information than in past reports on the breakdown, the barriers experienced by the homeless and the effect cleanups have and for that reason the statistics merit review. 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 adults 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
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.
COMMENTARY AND ANALYSIS
Making South Central and the International District a targeted area for removal of homeless encampments is long overdue. The city needs to enforce its existing city ordinances. 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.
The city has spent, or is spending, upwards of $100 million a year on homeless services including two emergency shelters, subsidized housing, food and medical care and drug counseling. The vast number 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.
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: