On Monday, December 19, 2022, the ACLU and the NM Center on Law & Poverty filed a “Class Action Complaint For Violations of Civil Rights and for Declaratory and Injunctive Relief” against the City of Albuquerque on behalf 8 Plaintiffs alleging they are homeless. They claim they were displaced from Coronado Park when the city closed it and that the city did not provide satisfactory shelter. According to the ACLU, the lawsuit was filed to stop the City from destroying encampments of the unhoused, seizing and destroying personal property and jailing and fining people.
ALLEGATIONS OF UNIHABITABLE WESTSIDE SHELTER
The civil rights lawsuit details a litany of alleged problems with the Westside Emergency Housing Center (WEHC). The plaintiff’s allege that the shelter is “unsafe, unhealthy, and unfit for human habitation”. It makes the allegation that the west side shelter can “trigger mental health conditions” the homeless may suffer from, including “post-traumatic stress disorder”.
The specific allegations in the complaint regarding the Westside Shelter are as follows:
Of the available shelter beds, the greatest number is at the Westside Emergency Housing Center (“Westside shelter”), a facility housed in a former temporary jail that the City stopped using in 2003. The City variously represents the Westside shelter as being able to house between 300 and 450 people.
The Westside shelter is unsafe, unhealthy, and unfit for human habitation. The building does not meet the essential fire safety and building codes of applicable local codes and state regulations and law, including state fire safety codes … and the City’s own building safety codes.
A recent report from the Albuquerque Fire Department indicates that there are no working fire hydrants on the property. … Federal funds have been used to finance the operation of the Westside shelter, but, on information and belief, the City’s assurances to federal authorities regarding the fitness of the facility have not been, and currently are not being, met.
… The shelter is infested with black mold. … On information and belief, residents have been scalded in the showers at the Westside shelter due to defective mixing valves. At times as few as one shower in the building has been working, such that residents must bathe in mobile showers on trailers out back.
… The shower doors in the women’s pod cannot be closed, such that women do not have privacy while bathing. … On information and belief, showers have, at times, not been accessible for people who use wheelchairs. …
The kitchen is not operable, and the facility cannot pass a health and safety inspection. There is no oven, stove top, or working refrigerator available for use by people residing there. … No certificate of occupancy has been issued to operate the building as a homeless shelter. The last such certificate was issued in 2006.
There is no washing machine or clothes dryer available for residents to clean and dry their clothing. They must wash their clothes in the bathroom sinks and hang them outdoors on the cyclone fencing. … There are bed bugs and parasites in the bedding, and there is no effective method in use to “sanitize” the sheets, blankets, mattresses, and bedding. …
No secure storage space is available for people’s belongings. There are lockers in the building, but residents cannot use them. Residents’ personal property lies directly on the floor under the bunk beds on which they sleep. …
Chronically overcrowded, there are not enough beds for everyone, so people sleep on plastic “boats” on the floor. On information and belief, a complaint was filed with the City Inspector General in March 2022 due to problems with staff misbehavior, including allegations of extortion.
The Westside shelter is in a location that is on the outskirts of the City and is far from services, jobs, and support systems such as family and friends. People who sleep there are separated from case managers, social workers, treatment providers and employment support and 10 other social service programs, and often cannot obtain timely transportation to appointments in town that could help them obtain employment, housing and other supportive services.
…
Many residents have mental illness and behavioral health disabilities, but, on information and belief, mental health therapy is not provided there. … On information and belief, many unhoused people are banned from the shelter on a permanent basis; sometimes for possession or use of drugs, which are common causes for being banned. …
Couples who are partnered or married cannot stay together if one member of the couple is a man and the other is a woman, since men and women must stay in separate parts of the shelter, causing these people to lose one of their primary forms of social and emotional support.
This separation is particularly difficult for people who have disabilities and rely on their partner for help. People living with minor children are not permitted to stay at the shelter. Women and people whose gender presentation is nontraditional or nonbinary are often harassed at the shelter.
Paragraphs 35 to 62, “Class Action Complaint For Violations of Civil Rights and for Declaratory and Injunctive Relief”.
The link to review the full unedited complaint is here:
https://www.aclu-nm.org/sites/default/files/field_documents/final_complaint_class_action.pdf
INSPECTOR GENERAL REPORT ON WESTSIDE HOMELESS SHELTER
The Office of Inspector General (OIG) priorities are the prevention, deterrence, detection and investigation of fraud, abuse, mismanagement and waste in the City of Albuquerque’s programs and operations. The City Inspector General is an independent city agency and is not under the management nor control of the Mayor nor the Albuquerque City Council.
The mission of the Office of Inspector General is to serve as an independent and objective inspection and investigative body to promote effectiveness, efficiency, transparency and integrity, to prevent and detect fraud, abuse, mismanagement, and waste in in the City of Albuquerque’s programs and operations.
https://www.cabq.gov/inspectorgeneral/inspector-general-about
ALLEGATIONS MADE IN ANONYMOUS TIP
On September 28, 2022, the Office of Inspector General received an anonymous tip hotline complaint alleging the Westside Emergency Housing Center would not pass a fire inspection or a health inspection. The complaint alleged there are inoperable showers, there is an infestation of bed bugs, there are no clean sheets for the residents, there is no operational kitchen and the facility is not Americans with Disability Act (ADA) compliant.
EDITOR’S NOTE: A confidential source has come forward and confirmed the source of the anonymous tip was a private individual critical of the facility who participated in a group tour of the facility.
The OIG determined that the allegations contained violations of City Ordinances and regulations. The OIG determined that it was appropriate for the OIG to conduct a fact-finding investigation. The purpose of the investigation was to determine if there were violations of city contracts or the City fire codes, electrical codes and plumbing codes that rendered the shelter uninhabitable.
As a result of the investigation, the OIG was able to only partially substantiate the allegation that the Westside Emergency Housing Center would not pass a fire inspection or a health inspection. The OIG made recommendations for improvement of the facility without the city being force to close it.
On January 11, the City of Albquerquerqu Office of Inspector General (OIG) released its final report entitled with the subject matter “Poor conditions at Westside Emergency Shelter.”
This blog article is an in-depth analysis of the OIC report and how it discredits many of the allegation made in Class Action Complaint For Violations of Civil Rights.
BACKGROUND
The OIG report contains the following edited provisions:
“The City of Albuquerque records show the Westside Emergency Housing Center (WEHC) building was deeded to the City from Bernalillo County. Before the facility was deeded to the City in 2003, Bernalillo County built and operated the facility as a correctional facility. On July 11, 2022 the City entered into a contract with the a private service contractor to manage and operate the facility for the period July 1, 2022, through June 30, 2023. The goals of the contract are to ensure that people of all ages have the opportunity to participate in the community and economy and are well-sheltered, safe, healthy, and educated.
The private contract is designed to increase housing stability by providing emergency overnight shelter to adult men and women and their children. In August 2022, a group of citizens toured the WEHC, noting their concerns.
On August 31, the OIG received a complaint regarding poor conditions at the WEHC alleging that the facility would not pass a fire or health inspection due to broken showers and infestation of bed bugs, a lack of clean bedding, no operational kitchen, and non-compliance with the Americans with Disabilities Act (ADA).”
ALL INCLUSIVE ALLEGATION INVESTIGATED
The OIG investigated one major, all-inclusive, allegation relating to Westside Emergency Housing Center. That allegation states:
The Westside Emergency Housing Center (WEHC) would not pass a fire inspection or a health inspection. There are inoperable showers, there is an infestation of bed bugs, there are no clean sheets for the residents, there is no operational kitchen and the facility is not ADA Compliant.
In preparation of the its final report, the IGO reviewed the private contracts entered into by the city with management and service providers, all applicable city fire codes, fire inspection reports, environmental health inspection reports, and city code enforcement inspection reports for the WEHC.
OIG ANALYSIS AND FINDINGS
The OIG reviewed the private contract for the services to be provided for the shelter. The service contract provides that the contractor shall “perform … services in a manner satisfactory to the City and consistent with any standards required as a condition of [payment by the city] … and … to provide emergency overnight shelter for adult men, women and families with children.”
LAUNDRY SERVICES PROVIDED
The service contract specifically provides “the contractor shall provide laundry services for all of the bedding, towels, etc. used by the shelter residents.” The contract provides the contractor “shall provide regular cleaning and maintain the sanitation of resident pods, common areas, medical pods, hallways, and bathrooms to meet cleaning standards, including Center for Disease Control and NM Department of Health standards to prevent the spread of COVID-19.”
On September 22, 2022, the OIG spoke with a representative of the service contractor. The discussion revealed that weekly laundry services are provided for bedding and towels. The contractor’s representative stated that there have been isolated instances when residents refuse laundry service because the residents desire to keep the same bedding.
UNANNOUNCED VISIT
On September 30, 2022, the OIG made an unannounced visit to the, WEHC, toured the facilities, spoke to residents, and inspected pod logs for July, August, and September 2022. The pod logs document the events occurring during each shift. Towels and bedding are picked up every Wednesday by the laundry service, and the prior week’s laundry is returned.
The OIG noted that in many of the pod logs for Wednesdays, there was documentation that laundry services were provided, however, the OIG did find that the documentation could be more consistent. The OIG recommended that the pod log form be revised to better ensure that each recurring event is documented.
Where the residents [have] concerns about handing over their bedding and towels, the OIG recommended that the service contractor might consider scheduling a specific day and time for an outing to a laundromat where the residents can launder their bedding, towels, and any other clothing.
RODENT INVESTATION HANDLED BY PEST CONTROL
The OIG confirmed that mice and bed bugs were an issue at the WEHC but also that the City provides pest control services monthly. The management service provider representative stated that a different pod is sprayed and treated each day of the week of service. The OIG was able to verify that the City has a contract for pest control services at the WEHC and that those services are being performed monthly.
SHOWERS AND TOILETS FOUND IN WORING ORDER
During the OIG walkthrough, the OIG noted that all showers and toilets in the resident pods were in working order. The OIG did observe that the room utilized as storage does not have operable toilets and showers. Additionally, the space being renovated into a recreation room for the residents does not have operable showers.
The recreation space is a common area used by both male and female residents so the showers are not necessary and would not be utilized. The OIG noted that the kitchen area of the WEHC is used as storage for dry goods.
MEALS PROVIDED BY SERVICE CONTRATORS WITH KITCHEN FACILITIES NOT REQUIRED
“The WEHC does have an operable refrigeration and freezer unit. The kitchen does not have operable ovens. The WEHC has a warming unit for meals brought in by the contractors. The contract does not require the service contractor to have a kitchen or to operate a kitchen.” (Commentator’s Note: Ostensibly, the reason why the kitchen does not have operatable ovens is that private service contractors provide meals prepared off sight.)
MEDICAL CARE AND ATTENTION
The contract requires the management service contractor to assist with the coordination of medical and supportive services provided by other organizations and volunteers at the shelter facility. This includes meals that are provided or served at the WEHC facility. The OIG observed the intake process at the WEHC, noting that residents were screened before entry.
COVID TESTING
The OIG found that COVID testing was conducted on individuals who were new to the WEHC or who indicated symptoms or stated they have COVID. C1’s representative stated that the residents are routinely tested for COVID-19. The WEHC has two separate COVID units, one for males and the other for females. COVID-positive residents are housed in these pods.
RESIDENTS FEEL SAFE
The OIG heard from residents who stated that although there are things they feel could be improved upon, they feel safe at the WEHC. Residents are permitted to keep their belongings in their assigned space but must adhere to the requirements for maintaining a clean and organized space.
FIRE MARSHALS INSPECTION
City of Albuquerque Fire Code provides the Albuquerque Fire Department Fire Marshal’s Office shall inspect for fire and life safety violations all commercial buildings and multi-family dwellings within the city’s jurisdiction. Fire inspections of buildings and premises can be divided into new construction and existing buildings.
The OIG made a request to the Fire Marshal for the most recent fire inspection conducted at the WEHC. The OIG was provided a Fire Inspection report dated June 13, 2022, and a subsequent reinspection, dated September 9, 2022.
The June 13, 2022 life safety inspection report identified eleven (11) violations and a follow-up reinspection occurred on September 12, 2022. The following email was received by the OIG, regarding the re-inspection.
“Per your request, below is an update from the re-inspection that occurred on 9/9 at 7440 Jim McDowell Rd: Update on Westside Homeless Shelter. Inspector LaCour went out to shelter and so far they have repaired the Illumination of exit signs violation … , emergency lighting violation … , smoking violation … , combustible material in storage room violation.
Sprinkler system and fire alarm system were tested by Alysworth but none of the paperwork has been submitted. Stated they will be submitted by end of day today. Fire evacuation plan, fire safety plan, signage throughout and hydrant testing has not been completed.
Inspector LaCour explained to the Director that FMO could assist with fire drills (evacuation plan) Eric Gonzales stated he does have the CO and an occupant load that he will submit ASAP for inspector LaCour to print out Occupant Load signs for posting.”
On August 17, 2022, an inspection was conducted and that all city code violations had been resolved except the one dealing with the inspection and testing of Fire hydrants. A conversation with by OIG with FCS maintenance revealed that the fire hydrant uses non-potable water and that there are very few vendors who conduct this service.
ENVIRONMENTAL HEALTH DEPARTMENT INSPECTION IDENTIFIES INFESTATIONS WITH PEST CONTROL MEASURES INITIATED
“The OIG requested the Environmental Health Department to provide an inspection report for the WEHC. The OIG was provided a report from the Environmental Health Department dated October 5, 2022. The October 5, 2022 inspection report identified observed conditions and recommendations for Food Safety in the Kitchen and Dormitories. The report observed signs of rodent, fly and bed bug infestation. It was noted that the WEHC has on-contract pest control that is currently providing treatments for pests. It was recommended that the pest control company be consulted to develop additional plans for control. The report was intended to assist with the resolution of identified issues.”
PLANNING DEPARTMENT INSPECTION
The OIG requested the Planning Department to provide an inspection report for the WEHC. The following summary was provided to the OIG on October 20, 2022.
“On October 4, 2022, Chief Building Inspector … , Chief Mechanical/Plumbing Inspector, and Division Manager … conducted a site visit to the Westside Emergency Housing Center located at 7440 Jim McDowell NW. We were guided by Maintenance Supervisor … The facility has 8 modules that house women in a few and men in the rest. Each module has adequate toilet, sink, and shower facilities. There are a few of the showers that ramps have been added for wheeler chair access. [The Maintenance Supervisor] stated that the drainage issues have greatly been reduced by the removal of the paper towel dispensers which were replaced with hand dryers.
The 3 inspectors found that the facility still have problems with backups due to drug paraphernalia being flushed down the toilets. We toured the kitchen facility which is currently being used as a storage area. They are working on plans to submit for a kitchen remodel to include upgrading the refrigeration, hot serving area, and prep space. There were a few of the egress doors that were very hard to open [but] service tickets in for repairs have been issued.
On October 4, 2022, Chief Building Inspector … , Chief Mechanical/Plumbing Inspector, and Division Manager … conducted a site visit to the Westside Emergency Housing Center located at 7440 Jim McDowell NW. We were guided by Maintenance Supervisor … The facility has 8 modules that house women in a few and men in the rest. Each module has adequate toilet, sink, and shower facilities. There are a few of the showers that ramps have been added for wheeler chair access. [The Maintenance Supervisor] stated that the drainage issues have greatly been reduced by the removal of the paper towel dispensers which were replaced with hand dryers.
WESTSIDE SHELTER IS “SAFE HARBOR” NOT REQUIRED TO BE ADA COMPLIANT
The OIG noted “the cleanliness of this facility could use much improvement and it is well worn beyond its time. The OIG did note that the building is old and did not appear to have been renovated or altered.
The OIG found the facilities were not complainant with all 2010 ADA requirements. OIG researched ADA requirements in the 2010 ADA regulations, a “safe harbor” provision was created for businesses and state and local governments. A “safe harbor” means that you do not have to make modifications to elements in a building that comply with the 1991 ADA Standards even if the 2010 ADA standards have different requirements.
“Safe harbor” does not apply to elements that were NOT addressed in the original 1991 ADA Standards but ARE addressed in the 2010 ADA Standards. Additionally, alterations after 2010, to elements that were compliant with the 1991 ADA Standards would be required to comply with the 2010 ADA standards.
FIRE CODE VIOLATIONS CORRECTED
The OIG was able to partially substantiate the allegation that the WEHC would not pass a fire inspection at the time of the complaint. As indicated in a fire inspection report, dated June 13, 2022, the WEHC incurred multiple fire code violations. The Fire Marshal’s Office conducted a reinspection on September 9, 2022, and an email was submitted to the OIG. It stated that the violations had been corrected with the exception of one relating to the inspection and testing of Fire Hydrants.
ENVIRONMENTAL HEALTH CONCERNS
The OIG was able to substantiate that there are some environmental health concerns at the WEHC. The report is intended to assist with the resolution of identified issues and not to be punitive. The protocols employed are the same afforded all entities.
The OIG was not able to substantiate the allegation that there are no clean sheets for the residents.
INOPERABLE AND OPERABLE SHOWERS
The OIG was able to partially substantiate the allegation that some showers at the WEHC are not operable. Showers in the resident’s pods are operable. The inoperable showers are in areas not used for housing residents.
The OIG was not able to substantiate a contract violation related to the WEHC’s kitchen being inoperable. The OIG was not able to substantiate an ADA violation. The OIG’s investigation revealed that the facility was built well before the 1991 and 2010 ADA requirements were enacted and absent alterations to the building, the building is not subject to current certain ADA regulations.
FINAL RECOMMENDATION MADE
The OIG made sweeping recommendations regarding the continued operation of the westside shelter.
“The OIG recommends that the FCS department continue to work with the contractor to locate a vendor who can conduct the inspection and testing of the fire hydrants that use non-potable water.
Additionally, the OIG recommends that a copy of the inspection reports be provided to both the contractor and FCS maintenance.
The contractor is responsible for remediating the issues and should make every effort to correct any deficiencies.
FCS maintenance should work with the contractor to ensure that these matters are resolved and subsequently monitored.
The private service contractor and the Family and Community Service Department (FCS) should facilitate more frequent pest control services and monitor the outcome and take necessary actions to ensure the mitigation of any infestations.
FCS should conduct continuous monitoring and inspections of the WEHC to ensure all issues are being addressed in a timely manner.
CITY RESPONDS TO OIG REPORT
The Department of Family Community Services (FCS) was given the opportunity to respond to the OIG report [and] has moved forward with addressing the identified concerns.
The FCS reported that Aylworth Fire Sprinklers conducted an annual fire hydrant test that was completed on Tuesday 1/10/2023. The report provided to DFCS on 1-12-23 indicated that all (3) Hydrants passed without any deficiencies. DFCS has submitted the report to the OIG office as of 1-12-23.
Given no deficiencies were identified, there were not items requiring remediation. DFCS said it will update its internal staff and contractors and will continue to monitor the hydrants as part of the ongoing inspections of the WEHC.
PEST CONTROL REMEDIATION EFFORTS
The FCS reported that routine pest control is done monthly per a contract with a private service contractor. That contractor recommended specific treatment for bedbugs every 90 days. The next bedbug treatment is scheduled for March 2023. The last treatment for the facility units/pods was conducted most recently on Friday 12/10/2022 (pods A,B), Saturday, 12/11/2022 (pods D,F) and Sunday 12/12/2022 (pods C,G).
Dryers are also available for heat treatment mitigation and are done for a duration of 20 minutes @ 400 degrees to kill bed bugs and hotboxes have been purchased by the operator and are being used according to contractor report on 1/11/2023.
A request to purchase a new larger hot box was made on 1/11/2023 and was approved by FCS. 3) FCS Maintenance has a work order process which Heading Home (contracted WEHC operator) utilizes.
DFCS also has a scheduled call every Wednesday morning to discuss all maintenance issues with the contracted operator. The City meets with Heading Home, the contracted WEHC operator, weekly to discuss maintenance needs of the facility and to discuss anticipated timeline to address/complete. FCS Maintenance is at the WEHC to address needs at minimum once a week. If there is an emergency, FCS Maintenance will be dispatched immediately.
The link to the full unedited OIG report is here:
https://www.cabq.gov/inspectorgeneral/documents/22-0160-c__investigative_informative_case_synopsis.pdf/view
file:///C:/Users/HP/Downloads/22-0160-C__Investigative_Informative_Case_Synopsis.pdf
COMMENTARY AND ANALYSIS
The Inspector General report discredits many of the inflammatory allegations made in the civil rights lawsuit. The city has spent upwards of $500,000 for repairs and bringing it up to code compliance. The biggest take away of the OIG report is that there are insufficient findings to merit closure of the facility. In particular, the OIG did not find that Westside Emergency Housing Center is “Unsafe, Unhealthy, And Unfit For Human Habitation”.
The most damaging findings by the IGO include that a June 2022 fire marshal inspection found 11 violations at the WEHC and that “mice and bed bugs were an issue” and that some of the toilets and showers did not work. According to a city Planning Department inspection report “The cleanliness of this facility could use much improvement and it is well worn beyond its time.”
Notwithstanding the negative findings, they do not make the facility “Unnsafe, Unhealthy, And Unfit For Human Habitation”. The city has used the facility for many years for the unhoused without incident.
The civil rights complaint makes the inflammatory allegation that the west side shelter can “trigger mental health conditions” the homeless may suffer from, including “post-traumatic stress disorder”. A few of the 8 Plaintiffs also allege they did not feel safe when they stayed at the shelter and that they will not go back. These allegations must be called into question in that the OIG stated it heard from residents who state that although there are things they feel could be improved upon, they feel safe at the WEHC.
On January 12 during a press conference announcing the opening of the Gateway Gibson Health Hub center for limit emergency shelter. Mayor Tim Keller addressed the WEHC situation saying the city has put $500,000 toward repairs but acknowledging it is not ideal.
RESPONDING TO SPECIFIC ALLEGATIONS
The complaint allegations can be enumerated with a response as follows:
1. COMPLAINT ALLEGATION: The Westside shelter is unsafe, unhealthy, and unfit for human habitation. The building does not meet the essential fire safety and building codes of applicable local codes and state regulations and law, including state fire safety codes … and the City’s own building safety codes. … A recent report from the Albuquerque Fire Department indicates that there are no working fire hydrants on the property. … The shower doors in the women’s pod cannot be closed, such that women do not have privacy while bathing. … On information and belief, showers have, at times, not been accessible for people who use wheelchairs. …
INSPECTOR GENERAL FINDINGS:
The OIG was able to only partially substantiate the allegation that the WEHC would not pass a fire inspection at the time of the August 31 anonymous complaint. As indicated in a fire inspection report, dated June 13, 2022, the WEHC incurred multiple fire code violations. The OIG report states “The Fire Marshal’s Office conducted a reinspection on September 9, 2022, and an email was submitted to the OIG. It stated that the violations had been corrected with the exception of one relating to the inspection and testing of Fire Hydrants.”
The OIC report states as follows
“On October 4, 2022, Chief Building Inspector …, Chief Mechanical/Plumbing Inspector, and Division Manager … conducted a site visit to the Westside Emergency Housing Center … . We were guided by Maintenance Supervisor … The facility has 8 modules that house women in a few and men in the rest. Each module has adequate toilet, sink, and shower facilities. There are a few of the showers that ramps have been added for wheeler chair access. [The Maintenance Supervisor] stated that the drainage issues have greatly been reduced by the removal of the paper towel dispensers which were replaced with hand dryers.
COMMENTARY: The complaint allegation is contrary to findings of the follow-up inspections of the shelter. Simply put, the shelter is in fact meeting the essential fire safety and building codes of applicable local codes and state regulations and law, including state fire safety codes … and the City’s own building safety codes. Under applicable city fire safety, electrical and plumbing codes and state regulations and laws, when city inspections are conducted, such as those done by the Fire Marshal’s Office or the Planning Department Code Inspection division, and the city inspectors find that the facility does not meet code compliance, they are required by law to declare the facility substandard and uninhabitable. They are to red tag the facility and issue “notices and orders” ordering the facility to be vacated and shut down. The property owner is ordered to make repairs and bring the property into compliance with all codes. City owned and operated facilities are not exempt.
2. COMPLAINT ALLEGATION: Federal funds have been used to finance the operation of the Westside shelter, but, on information and belief, the City’s assurances to federal authorities regarding the fitness of the facility have not been, and currently are not being, met.
INSPECTOR GENERAL FINDINGS: The Inspector General found that subsequent inspections by the City Planning Department, the Fire Marshal’s Office, the Chief Building Inspector and the Chief Mechanical/Plumbing Inspector city revealed repairs have been made. They did not “red tag” the facility for closure. In particular the facility does have working showers in the areas where residents stay. A fire inspection found only 1 remaining violation involving inspection/testing of the on-site fire hydrants. The city’s Family and Community Services Department said the shelter’s fire hydrants inspected by an outside contractor earlier and they all passed
3. COMPLAINT ALLEGATION: “A recent report from the Albuquerque Fire Department indicates that there are no working fire hydrants on the property. … On information and belief, residents have been scalded in the showers at the Westside shelter due to defective mixing valves. At times as few as one shower in the building has been working, such that residents must bathe in mobile showers on trailers out back.”
INSPECTOR GENERAL FINDINGS:
The Inspector General found that subsequent inspections by the City Planning Department, the Fire Marshal’s Office, the Chief Building Inspector and the Chief Mechanical/Plumbing Inspector city revealed repairs have been made. In particular the facility does have working showers in the areas where residents stay. A fire inspection found only 1 remaining violation involving inspection/testing of the on-site fire hydrants. The city’s Family and Community Services Department said the shelter’s fire hydrants inspected by an outside contractor earlier and they all passed. The City Planning Code Inspection Division, the City Fire Marshal’s Office and the City Environmental Planning Departments all did inspections of the shelter and did follow up inspections and found there were insufficient code violations to close the facility with the city making repairs.
The OIG report states:
The Inspector General reports “On October 4, 2022, Chief Building Inspector … , Chief Mechanical/Plumbing Inspector, and Division Manager … conducted a site visit to the Westside Emergency Housing Center … We were guided by Maintenance Supervisor … The facility has 8 modules that house women in a few and men in the rest. Each module has adequate toilet, sink, and shower facilities. There are a few of the showers that ramps have been added for wheeler chair access. [The Maintenance Supervisor] stated that the drainage issues have greatly been reduced by the removal of the paper towel dispensers which were replaced with hand dryers.
4. COMPLAINT ALLEGATION: The shelter is infested with black mold. …
COMMENTATORS NOTE: The allegation that the shelter is infested with black mold appears to be a fabrication. The Environmental Health Department, the Planning Department and the Fire Marshals Office did inspections of the shelter. The finding of black mold is absent from the OIG report.
5. COMPLAINT ALLEGATION: The kitchen is not operable, and the facility cannot pass a health and safety inspection. There is no oven, stove top, or working refrigerator available for use by people residing there. …
INSPECTOR GENERAL FINDINGS:
“The WEHC does have an operable refrigeration and freezer unit. The kitchen does not have operable ovens. The WEHC has a warming unit for meals brought in by the contractors. The contract does not require the service contractor to have a kitchen or to operate a kitchen.”
COMMENTATOR’S NOTE: The contract does not require the service contractor to have a kitchen or to operate a kitchen in that service providers provide meals prepared at other location.
The OIG report states:
We toured the kitchen facility which is currently being used as a storage area. They are working on plans to submit for a kitchen remodel to include upgrading the refrigeration, hot serving area, and prep space. …
6. COMPLAINT ALLEGATION: There is no washing machine or clothes dryer available for residents to clean and dry their clothing. They must wash their clothes in the bathroom sinks and hang them outdoors on the cyclone fencing. … There are bed bugs and parasites in the bedding, and there is no effective method in use to “sanitize” the sheets, blankets, mattresses, and bedding. …
INSPECTOR GENERAL FINDINGS:
The service contract specifically provides “the contractor shall provide laundry services for all of the bedding, towels, etc. used by the shelter residents.” The contract provides the contractor “shall provide regular cleaning and maintain the sanitation of resident pods, common areas, medical pods, hallways, and bathrooms to meet cleaning standards, including Center for Disease Control and NM Department of Health standards to prevent the spread of COVID-19.”
“The OIG is recommending that the private service contractor and the Family and Community Service Department (FCS) should facilitate more frequent pest control services and monitor the outcome and take necessary actions to ensure the mitigation of any infestations.”
7. COMPLAINT ALLEGATION: Chronically overcrowded, there are not enough beds for everyone, so people sleep on plastic “boats” on the floor. On information and belief, a complaint was filed with the City Inspector General in March 2022 due to problems with staff misbehavior, including allegations of extortion.
COMMENTATOR RESPONSE
It has been repeatedly reported that the Westside Emergency Housing Center has immediately available upwards of 450 beds to accommodate the homeless on any given night. Cubicles have been constructed to provide a degree of privacy. The shelter offers shelter to men, women, and families experiencing homelessness in Albuquerque. The OIG did not address any complaint of problems with staff misbehavior with the allegation “based on information and belief” with nothing more identified as verifiable.
8. COMPLAINT ALLEGATION: The Westside shelter is in a location that is on the outskirts of the City and is far from services, jobs, and support systems such as family and friends. People who sleep there are separated from case managers, social workers, treatment providers and employment support and 10 other social service programs, and often cannot obtain timely transportation to appointments in town that could help them obtain employment, housing and other supportive services.
Many residents have mental illness and behavioral health disabilities, but, on information and belief, mental health therapy is not provided there. … On information and belief, many unhoused people are banned from the shelter on a permanent basis; sometimes for possession or use of drugs, which are common causes for being banned. …
Couples who are partnered or married cannot stay together if one member of the couple is a man and the other is a woman, since men and women must stay in separate parts of the shelter, causing these people to lose one of their primary forms of social and emotional support.
This separation is particularly difficult for people who have disabilities and rely on their partner for help. People living with minor children are not permitted to stay at the shelter. Women and people whose gender presentation is nontraditional or nonbinary are often harassed at the shelter.
COMMENTATOR REPONSE:
It was on October 22, 2019 that Mayor Tim Keller announce that the Westside Emergency Housing Center (WEHC) would become a 24/7 homeless shelter. The shelter has been upgraded and remodeled to accommodate the homeless and expand the services offered. It is a “one-stop-shop” with service providers providing medical services, case management and job placement services. It costs about $4.5 million a year to operate the shelter with about $1 million of that $4.5 million invested in transporting people to and from the facility.
https://www.krqe.com/news/albuquerque-metro/city-plans-on-expanding-services-at-westside-emergency-housing-center/
The city is spending upwards of $1 Million a year to provide the unhoused with transportation to and from the Westside Emergency Shelter. While staying at the WEHC, the homeless have access to a computer lab, showers, medical examination rooms, medical care and receive 3 meals a day. The WEHC is a 24/7 operation and has a staff of 80 to assist those who stay at the shelter. The shelter does connect men and women to permeant housing and other resources. $1.5 million has been allocated for improvements to the Westside Emergency Housing Center during the current fiscal year.
The Westside Emergency Housing Center has immediately available upwards of 450 beds to accommodate the homeless on any given night. The shelter offers shelter to men, women, and families experiencing homelessness in Albuquerque. While staying at the WEHC, the homeless have access to a computer lab, showers, medical examination rooms, and receive three meals a day. The WEHC is a 24/7 operation and has a staff of 80 to assist those who stay at the shelter. The shelter does connect men and women to permeant housing and other resources.
The westside emergency shelter services includes mental illness and behavioral health referrals to service contract providers. The city has increased funding to the Family Community Services Department for assistance to the homeless with $35,145,851 million spent in fiscal year 2021 and $59,498,915 million being spent in fiscal 2022.
The 2022-2023 enacted budget for the Department of Community Services is $72.4 million. Key appropriations passed by City Council involving the West Side Emergency Shelter and the unhouse are as follows:
$1.5 million for improvements to the Westside Emergency Housing Center
$3,773,860 for mental health contracts
$2,818,356 substance abuse contracts for counseling
$6.8 million for medical respite and sobering centers
$20.7 million for affordable and supportive housing
$4 million to expand the Wellness Hotel Program
$7 million for a youth shelter
$7 million for Gateway Phases I and II, and improvements to the Gibson Gateway Shelter facility
$555,000 for services including mental health and food insecurity prevention
The link to the 2022-2023 city budget it here:
https://www.cabq.gov/dfa/documents/fy23-proposed-final-web-version.pdf
A ”Safe Outdoor Space” has been established at the city of Albuquerque’s Westside Emergency Housing Center. It is a managed site where people who are homeless can sleep overnight, with access to toilets, showers and more. Outdoor camping by the unhoused in the area in all likelihood can be permitted.
FINAL COMMENTARY
The civil rights class action complaint degrades to the utmost extent the Westside Shelter making inflammatory, unsubstantiated or outlandish hearsay allegations that it is “unsafe, unhealthy, and unfit for human habitation”. It makes the outlandish allegation that the west side shelter can “trigger mental health conditions” the homeless may suffer from, including “post-traumatic stress disorder” ignoring the fact the unhoused cannot be forced to use the shelter facility. It does not disclose to what extent the facility has actually been upgraded and remodeled for the unhoused, the extent of services provided by the city, the number of city employees at the facility nor the fact the shelter cite does have a Safe Outdoor Space for the unhoused to park and live out of their vehicles.
City Inspector General Report discredits the civil rights lawsuit that the Westside Emergency Housing Center is “unsafe, unhealthy, and unfit for human habitation”. If the West Side shelter was in fact found by the various city departments that did inspections, including the Planning Department Code Enforcement Division, the Environmental Health Department and the Fire Marshal’s Office, to be “unsafe, unhealthy, and unfit for human habitation”, those departments would have no discretion but to “red tag” it and order its closure at least until such repairs brought it into compliance with city codes.
The city needs to seek immediate dismissal of the case for the plaintiffs unsubstantiated or discredited claims and for a failure state claim upon which relief can be granted.
Links to related blog articles are here:
Unhoused Sue City Over Coronado Park Closure; City Should Seek Immediate Dismissal; Unhoused Cannot Be Allowed To Violate The Law As They Refuse City Shelter And Services
Dinelli New Mexico Sun Guest Opinion Column “ACLU lawsuit vs ABQ: false and inflammatory”
