ALBUQUERQUE, N.M. – In the wake of Governor Michelle Lujan Grisham’s recent actions to protect our state from COVID-19, the New Mexico Commission on Access to Justice, a commission of the New Mexico Supreme Court, has released a guide to knowing your rights during COVID-19, which gives practical advice on how those in financial difficulties can protect themselves during the pandemic.
Economic difficulties are adding up for families across the nation. According to a U.S. Census Bureau study, over 44% of businesses say they do not expect to return to normal for at least six months. For many, this means six months without a paycheck, without enough government benefits to see them through. In the past four months, 33% of renters nationwide did not make at least one rent payment, leading to potential evictions down the line.
A storm could be approaching New Mexico, according to a study by the real estate study group Stout, which estimated that the number of New Mexicans unable to pay their rent could be as high as 80,000, a staggering number that could lead to over 50,000 evictions, if the moratorium is lifted.
“If New Mexicans are facing financial difficulties, they should be aware that they have rights during the moratorium on evictions,” said Supreme Court Justice Shannon Bacon. “During the Supreme Court moratorium on evictions, the people of this state have reasonable measures to be taken to protect them from losing their homes.”
Your rights during the COVID-19 pandemic include:
• Currently, you cannot be evicted for non-payment of rent, but you must fill out the CDC form or demonstrate to the court that you do not have the ability to pay your rent.
• You cannot be fired from your job for being placed in isolation or quarantine.
• You have a right to unemployment benefits if you are laid off due to coronavirus.
• Your employer must keep all your medical information confidential.
Civil legal services are available through a group of nonprofit providers that can assist those in need of help during the pandemic. Housing counselors can advise and mediate with landlords to provide reasonable solutions to a potential housing crisis for a homeowner.
"Civil legal service organizations work closely with lawmakers to do everything humanly possible to protect homeowners and work with landlords on solutions that work for all parties,” said Diana Dorn-Jones, Executive Director, United South Broadway Corporation, a nonprofit civil legal service provider in Albuquerque.
Unlike criminal cases, there is no guarantee for an attorney in civil cases such as landlordtenant disputes or foreclosures. Other civil legal areas that are highly impacted by the pandemic include civil issues related to domestic violence and access to benefits. The Commission on Access to Justice is focusing on bringing awareness to these issues during the pandemic.
“The civil legal service providers have seen an increase in the number of calls we receive for assistance,” said Lewis Creekmore, Executive Director of New Mexico Legal Aid, also a nonprofit civil legal service provider. “These calls have been concentrated on issues stemming from the COVID-19 pandemic.”
If you need legal assistance or a housing counselor during this crisis when facing an eviction or other civil legal issue, call 833-LGL-HELP and someone will try to assist those in need.
“New Mexicans count on civil legal assistance to help them through a crisis,” said Rep. Antonio “Moe” Maestas. “In this crisis, we can count on it even more.”