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Eviction Prevention

New Mexico Emergency Rental Assistance Program (ERAP)

The City of Albuquerque has partnered with the State of New Mexico to administer an Emergency Rental Assistance Program. The Emergency Rental Assistance Program can help with back, current, and future rent and utility payments. This program is for renters who live in Albuquerque and who are:

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

Learn more and apply.

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

Download the Emergency Rental Assistance Program Flyer:
Español | العربية | kiswahili| 中文 Zhōngwén | Tiếng Việt | 한국어 hangugeoTagalog

*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.

FCS Health & Social Service Centers Emergency Rental & Utility Assistance Program

Health & Social Service Centers, which are part of the Family & Community Services (FCS) Department, also run an emergency rental and utility assistance program. This program can help renters with unpaid rent and utilities if they are at risk of eviction or utility shut-off.

The criteria for this program are different than the criteria for the NM Emergency Rental Assistance Program. Staff at the Health & Social Service Centers know the rules for both programs and will help connect people to the program that is the best fit for the situation. Funding is limited and all services provided are subject to availability of funds. For more information, contact the Health & Social Services Center located closest to where you live (see chart below).

Download flyer for more information: CDBG-CV Eviction Prevention Program - (rental and utility assistance for income-qualified households) | EspañolTiếng Việt | 中文 Zhōngwén | العربية 

FCS Health & Social Service Center Locations

Agency Name Contact Information
John Marshall 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

Free Eviction Prevention Legal Clinics & Workshops

The City of Albuquerque, in partnership with local organizations and others, occasionally offer free or low-cost eviction prevention clinics, workshops, resources, and other services to help City residents learn more about their options to stay housed. Please check back to this page or contact us directly for updated information, follow us on social media, or call 311 to stay up-to-date.

COMING UP:

Albuquerque Housing Authority
FREE Landlord-Tenant Law Workshop

Thursday, Dec. 1
5:30 p.m. till 7:30 p.m.

Location: The AHA main office at 1840 University Boulevard Southeast, Albuquerque, NM 87106
Details: Register online. This workshop is FREE and will be in-person. Please RSVP no later than the day before the class. 

 

Bernalillo County Resources

The resources listed above are only for Albuquerque residents. If you live in unincorporated Bernalillo County, you can apply for help with rent and utilities through Bernalillo County.


Tenant Rights: What to Know & Do If You Are Behind on Your Rent

What should I do if I can’t pay my rent?

If you are unable to pay your rent, take these steps as soon as possible:

  • Talk to the landlord and explain your situation. Try to work out a payment plan before the landlord gives you a three-day notice or takes you to court. Put it in writing!
  • Apply for rental or utility assistance help as soon as possible (see “Resources for Eviction Prevention” above)

What if my landlord takes me to court?

The New Mexico Supreme Court put a pause, or moratorium, on evictions for nonpayment of rent during the COVID-19 pandemic, but in Bernalillo County the moratorium ended on March 31, 2022. After that date, courts in Bernalillo County can now order tenants to move out for lease violations including missing rent payments.

If the landlord got an eviction order for non-payment of rent during the time the moratorium was in place but the tenant did not move out, the landlord will have to file again with the court for permission to evict the tenant after March 31, 2022 and serve notice of the hearing date to the tenant.

The judge must offer the tenant and landlord the opportunity to mediate the case in the Eviction Prevention and Diversion Program. This is a new mediation program for eviction cases. The case will only go to mediation if both the landlord and the tenant agree they want to mediate the case.

Watch this short video from New Mexico Legal Aid about the eviction court process.

Read a PDF of the full details for eviction cases after the stay is lifted.

What are my rights?

  • You cannot be legally evicted without a court order.
  • 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
    • Being violent
    • Threatening to do any of the above.
  • A landlord is required to give you a three-, seven- or thirty-day notice with the reasons for terminating the lease before the landlord can go to court to evict you. But, you can agree to move out voluntarily. You may still owe the rent money to the landlord even if you move out. Decide what is best for you.

What can I do if I have received a notice or my landlord has filed for an eviction with the court?

  • Apply for rental assistance as soon as possible if you can’t pay your rent.
  • Go to court for the hearing. During the pandemic some hearings may be over the phone. Read all Court instructions carefully. Missing a hearing could mean you will be evicted and lose your home.
  • Seek legal help when you know you may face eviction.

The FCS Court Outreach Assistance (CORA) Program can help you access emergency rental assistance if your landlord has filed for eviction. 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.

Download the CORA Flyer: English | Españolالعربية

Where can I get legal help?

The following organizations may be able to provide legal assistance. Please call them directly at the number listed below. For more information on tenant laws, check out New Mexico Legal Aid’s Renter’s Guide.

Agency Name Contact Information Additional Information
New Mexico Legal Aid 1-833-LGL-HELP (1-833-545-4357) FREE legal help by phone for housing, benefits, domestic disputes, and debt collections.
Senior Citizen Law Office 505-265-2300 Legal assistance for age 60 or older.
Legal Resources for Elderly Program 1-800-876-6657 Legal services for a person age 55 or older.
NM Immigrant Law Center 505-247-1023 Legal services for low-income members of the immigrant community.
Metropolitan Court – Self Help Center 505-841-9817 For questions about the Settlement Program, court forms, procedural information, and referrals to community and legal resources.