In July the City of Gallup red-tagged the apartment building at 107 E. Hill Ave, which left its residents without a home. Now, five residents have filed a suit against the city for illegally evicting and displacing them from their apartment complex after they say they sought out help from the city.
In a press release published Nov. 1, the New Mexico Center on Law and Poverty stated that the City of Gallup refused to enforce the City Code against the owner of the 107 East Hill Avenue apartments for years, despite multiple requests for help. Requests for repairs were ignored by the property owner, despite significant increases in rent. Earlier this year, residents of the apartment complex sought the City’s assistance in addressing the landlord’s continued violations of the law.
Suddenly, on July 26, the City of Gallup responded to the community’s requests for help by posting a notice requiring the residents to vacate the property immediately or be subject to prosecution. Nine families, including children and elders, had to gather their belongings and leave their homes. No information was provided to the residents as to what violations were found or when they would be remedied. Residents were not provided with information about a return date or even a right to appeal the determination by the city.
One of the residents of the community at 107 E. Hill Ave. is Roy Benally, who is 81 years old and living on a fixed Social Security Income.
“I was happy living in my apartment at 107 East Hill Ave. because it was affordable and it’s close to the hospital where I get medical treatment,” he said. “It needed some repairs, but I thought the owner and the City would help us. When I was suddenly forced to leave, I didn’t know where to go. I didn’t know how I was supposed to pack up all my stuff in one day.”
He said the minimal help he did initially receive has disappeared.
“I got some temporary help from a non-profit, but they can’t help me anymore and I’ve struggled to find stable housing within my budget,” he said. “We shouldn’t be punished for asking the city to address the property owner’s neglect.”
Ronald Yazzie, Taylor Sam, and their 2-year-old son are also part of the community at 107 East Hill Ave.
“My family was evacuated last winter due to a fire nearby and when it was safe to come home there was damage to our apartment, including a broken window. It was freezing in our apartment, and I was concerned about criminal activity that started to escalate in the area, so I reached out to the property owner to request repairs like I was supposed to,” Yazzie said. “I never heard back. That’s around the time I learned my neighbors wanted to try to get the city to help us, and I was relieved and got involved. I never expected the city to abandon us like this."
Sovereign Hager, an attorney at the New Mexico Center on Law and Poverty, said the City of Gallup is in the wrong in this situation.
“This tight knit community is exactly what makes New Mexico a great place to call home,” she said. “The trauma that comes when a community is evicted with no notice, and through no fault of their own, cannot be understated. The New Mexico Constitution protects New Mexicans’ homes and renters have a right to due process before being forced to move. The City of Gallup must recognize and protect the rights of families that rent in the city.”
The lawsuit asks the Court to order the city to allow displaced tenants to reenter the property with a deadline for the landlord to make repairs or for the City to make repairs and bill the landlord, as required in the Gallup property code in an emergency. The lawsuit also asks the Court to enter an order declaring the City’s property code unconstitutional because it does not provide notice and appeal rights to tenants in the event of a condemnation.
The complaint is asking the Court to award damages to the plaintiffs due to their suffering and expenses.
