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Eviction Prevention

Eviction moratorium is still in effect in New Mexico. The New Mexico Supreme Court entered an Order suspending evictions only for non-payment of rent during the pandemic.

 

New Mexico Emergency Rental Assistance Program (ERAP)

RentHelpNM.org

More than $21.6 million in Emergency Rental Assistance is available beginning April 5 to Albuquerque residents.

The funds are for renters who:

  • are at or below 80% area median income;
  • have been directly or indirectly impacted by COVID; and
  • are at risk of homelessness or housing instability.

The City of Albuquerque is partnering with the State of New Mexico Department of Finance & Administration to distribute these funds.

Learn more and apply at RentHelpNM.org.

Paper applications are available at Albuquerque public libraries, and at the City’s Health and Social Services Centers. They can also be downloaded at renthelpnm.org.

* This project is supported, in whole or in part, by CFDA number 21.023 awarded to the City of Albuquerque by the U.S. Department of the Treasury.

 

Court Outreach for Rental Assistance Program (CORA)

Working in partnership with the New Mexico Emergency Rental Assistance Program (ERAP) and the Bernalillo County Metropolitan Court system, CORA representatives can assist people who have gone to court for eviction due to the non-payment of rent with submitting an online ERAP application. Staff will assist with creating an online account, the scanning and uploading of documents, and submittal of the application. Call (505) 768-3896 for more information or to schedule an in person appointment with one of our representatives.


Steps to Take if You Fall Behind on Rent or Utility Payments

  • First and foremost, it is important that the tenant act. Doing nothing means you will be evicted and lose your home.
  • Reach out to your landlord. Some landlords may be willing to work with their tenants.
  • Look for rental assistance help as soon as possible.

What Tenants Need to Know and Do to Protect Themselves if Unable to Pay Rent

Other Rental and Utility Assistance in Albuquerque

CDBG-CV Eviction Prevention Program - (rental and utility assistance for income-qualified households) | Spanish | Vietnamese | Chinese | Arabic

Please call your nearest location for more information on rental or utility assistance.

Have the following information ready when contacting the following agencies. This will help expedite the prescreening process.

  • Statement of how were you affected by COVID-19
  • Lease Agreement or Rental Contract
  • Eviction notice or notice of non-payment of Rent, or past due utility bill (for utility assistance)
  • Income  (2020 Federal Income Taxes only, as of 4/15/2021)
  • Valid US Government-issued ID

 

Rental and Utility Assistance

The emergency rental and utility assistance program is designed to assist individuals and families who are in need of help paying their rent or who are in jeopardy of having their utilities shut-off due to non-payment. The mission of the emergency rental and utility assistance program is to offer the people of Albuquerque a financial assistance program that is easy to access and easy to qualify for. The intent is to limit barriers that may prohibit some people from accessing certain programs. All services provided are subject to availability of funds.

Steps to Take if You Need Rental or Utility Assistance

  • First and foremost, it is important that the tenant act. Doing nothing means you will be evicted and lose your home.
  • Reach out to your landlord. Some landlords may be willing to work with their tenants.
  • Look for rental assistance help as soon as possible.

What Tenants Need to Know and Do to Protect Themselves if Unable to Pay Rent

City of Albuquerque Locations

Agency Name

Contact Information

John Marshal Health & Social Service Center

Address:1500 Walter SE
Phone: (505) 848-1345
Fax: (505) 764-1795

Alamosa Health & Social Service Center

Address:6900 Gonzales SW
Phone: (505) 836-8800
Fax: (505) 836-8807

Los Griegos Health & Social Service Center

Address:1231 Candelaria NW
Phone: (505) 761-4050
Fax: (505) 761-4048

East Central Health & Social Service Center

Address:7525 Zuni SE
Phone: (505) 767-5700
Fax: (505) 767-5709

Community & Legal Resources

Agency Name

Contact Information

New Mexico Legal Aid                              
FREE legal help by phone for housing, benefits, domestic disputes and debt collections.

1-833-LGL-HELP (1-833-545-4357)

Senior Citizen Law Office
Legal assistance for age 60 or older.

(505) 265-2300

Legal Resources for Elderly Program
Legal services for a person age 55 or older

(505) 797-6005

State Bar of New Mexico
30 minute consultation with a private attorney (referral fee waived temporarily)

(505) 797-6066

Metropolitan Court – Self Help Center
For questions about the Settlement Program, Court forms, procedural information and referrals to community and legal resources.

 

(505) 841-9817

 

Additional Resources

Note: All monies are paid directly to landlords or utility companies.

 


TENANT’S RIGHTS: WHAT TENANTS NEED TO KNOW IF UNABLE TO PAY RENT

WHAT SHOULD I DO IF I CANNOT PAY MY RENT DURING THE STATE OF EMERGENCY?

Some landlords may be willing to work with tenants prior to filing for eviction during this public health emergency. Before you get a notice from the landlord, when you know you will have trouble paying the rent, it is always a good idea to talk to the landlord and see if they are willing to work something out. This avoids the trouble of both of you having to go to court.

Look for rental assistance help as soon as possible: You can see where to get rental assistance at:    http://www.cabq.gov/family/services/homeless-services/eviction-prevention

Contact your landlord and ask to pay what you owe in rent over time by proposing a payment plan. Get any agreement in writing.

Is there a moratorium on evictions in New Mexico? Yes, for tenants who are unable to pay their rent. But, if the landlord files to evict you, the tenant must appear at a court hearing to get those protections.


WHAT DOES THE MORATORIUM ON EVICTIONS MEAN?

The New Mexico Supreme Court entered an Order suspending evictions only for non-payment of rent during the pandemic.

If you landlord files to evict you and you have a court hearing scheduled, GO TO THE HEARING (telephonically) explain that you cannot currently pay rent. 

  • The tenant MUST appear at the hearing to ask the court to not evict them because they are unable to pay the rent. The tenant must provide testimony about their inability to pay the
  • Metropolitan Court in Albuquerque is asking people to appear by phone—you must call in before the start of the hearing so you do not miss

DO I STILL OWE THE RENT, LATE FEES AND COSTS?  YES. 

  • The Tenant  still owes the rent, late fees and costs now and when the moratorium ends.  Landlords will evict tenants unless the tenant and landlord have come to an agreement to allow more time to pay back-rent and fees.
  • If you work out an agreement with the landlord, make sure it is in writing to protect yourself.

  • Make sure you get a receipt for any rent paid.

WHAT STEPS SHOULD A TENANT TAKE TO PROTECT THEMSELVES FROM EVICTION?

  • Tenants must act—doing nothing could mean you will be evicted and lose your
  • Apply for rental assistance as soon as
  • You don’t have to immediately move out; you can go to court to contest the eviction if your landlord goes to court.
  • Seek legal help when you know you may face

KNOW YOUR RIGHTS:

  • Your landlord cannot evict you without a court
  • It is illegal for a landlord to evict a tenant without a court order by doing any of the following:
    • Changing locks
    • Disconnecting electricity, water or gas
    • Using force
    • Threatening to do these things