Confusion reigns over tenants’ rights
Some landlords still resorting to court over unpaid rent
More than a month ago, the state Supreme Court issued an order putting evictions in New Mexico on hold. The ruling, issued March 24, applies to tenants facing eviction because they cannot afford rent.
The order came as thousands of New Mexicans applied for unemployment benefits, the after-effect of an economy ravaged by the COVID-19 pandemic.
But landlords and property managers are continuing to file eviction claims in court, even if the tenant is unable to pay.
Since the Supreme Court issued its order, 11 eviction claims have been filed in Santa Fe Magistrate Court because of a tenant’s inability to pay.
One of those claims was against Ashley Chavez, a security guard with three children who lives off Airport Road.
Chavez said she had to take two weeks off work after the virus caused schools to close because she is a single
mom and was unable to find a babysitter to watch her children.
As a result, she was three days late on her rent. When she got paid, she tried calling her landlord, Viktor Gisler, to tell him she could pay the rent — but he didn’t answer.
“I continued to call him about five times a day for two weeks and he refused to answer me,” she said. “And then I received a summons for court.”
The case was eventually thrown out because of a technical violation, but Chavez said she is still afraid her landlord will try the same thing next month.
“He said if I don’t pay him by (May 1), he’ll be filing again,” she said last week. “The lease says I have until the third.”
Gisler did not return requests for comment.
And the lack of evictions has not dampened the demand for new rentals. Chavez said she briefly searched for a new place to live in Santa Fe, but with no success.
“It’s like a bloodbath out here,” she said. “There’s like 7-10 applicants within 24 hours for each house. People are really fighting for homes.”
While many courts have seen an overall decline in eviction claims, that is not expected to last forever.
The Supreme Court’s order lasts as long as Gov. Michelle Lujan Grisham’s public health emergency, currently slated to end May 15, is still in effect. Once that ends, landlords can continue evicting tenants.
“That’s when the real wave will begin,” said Tomas Rivera, executive director of Chainbreaker Collective. “It’s happening now, but it’s going to get worse and worse.”
Rivera said many people still do not understand the court’s eviction order, putting them at risk for paying back rent and other fees.
While tenants cannot be removed from their units, courts can still order evictions that will not be enacted until the public health emergency ends, and tenants are still responsible for all unpaid rent, according to multiple attorneys interviewed for this article.
Serge Martinez, a University of New Mexico law professor who holds an economic justice clinic, said there’s confusion about the court’s order on all sides.
“I’m not even sure landlords understand it,” he said.
He said that once the order ends, sheriffs around the state will be evicting a large number of tenants.
Santa Fe Magistrate Judge David Segura said in a phone interview that tenants are required to prove their inability to pay is caused by the COVID-19 pandemic.
Martinez said this is incorrect and that tenants do not have to justify why they can’t afford rent.
Adding to the confusion is the federal government’s 120-day moratorium on evictions, which applies to properties receiving money for federal affordable housing programs as part of the CARES Act. These properties are not allowed to file evictions or issue late fees — but some still do.
Casa Rufina Apartments, which receives affordable housing funds, filed an eviction claim against a tenant April 21 for failing to pay $954 for that month’s rent.
Thomas Prettyman, managing attorney for NM Legal Aid, said the case should not have been filed in the first place.
“They’re not supposed to file at all and they’re not supposed to be charging late fees,” he said. “But some are doing it anyway because who’s going to say anything?”
Monte Vista Apartments in Las Vegas, New Mexico, filed an eviction claim April 8. The company that owns Monte Vista, Monarch Properties, manages subsidized apartment units across New Mexico and has also filed several eviction notices.
Prettyman said it’s unlikely Monarch is unaware of the law.
“Monarch is too big, too smart,” he said. “They know they’re not allowed to evict people.”
Neither Casa Rufina nor Monarch Properties returned requests for comment.
In order to help residents navigate the new eviction moratoriums, multiple organizations have established hotlines to call for information.
Rivera said Chainbreaker Collective’s hotline received “several dozen” calls in the first week alone.
“There’s confusion out there and there are unscrupulous landlords who will evict people outside of the law,” he said.
Meanwhile, Chavez said she’s been able to return to work, although she now works the graveyard shift. Her grandma drove from Mesa, Arizona, to help watch her children for the next two months, or at least until school starts again.
She said she hopes she can stay in her home, but that she doesn’t trust her landlord. The pandemic, she said, has put additional strain on her family, as it has for so many others.
“I can see on everybody’s face that it’s hard,” she said.
THEY’RE NOT SUPPOSED TO FILE AT ALL AND THEY’RE NOT SUPPOSED TO BE CHARGING LATE FEES, BUT SOME ARE DOING IT ANYWAY BECAUSE WHO’S GOING TO SAY ANYTHING?
THOMAS PRETTYMAN,
MANAGING ATTORNEY FOR NM LEGAL AID