Residents of neglected apartments were forcibly removed when they sought the City’s help in addressing code violations

GALLUP, NM–On October 25, 2023 five residents filed suit against the City of Gallup for illegally evicting and displacing them from their apartment complex after they sought help from the City. NM Center on Law and Poverty and Levi Monagle of Hall, Monagle, Huffman & Wallace are representing the residents. 

For years, the City of Gallup refused to enforce the City Code against the owner of 107 East Hill Avenue apartments, 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, 2023, 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 East Hill Avenue 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 Avenue, because it was affordable and it’s close to the hospital where I get medical treatment,” said Benally. “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. 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. 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 Avenue. “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. 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.”

“This tight knit community is exactly what makes New Mexico a great place to call home,” said Sovereign Hager, attorney at the New Mexico Center on Law and Poverty. “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 permit 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. 

The full complaint can be found here: https://www.nmpovertylaw.org/nmclp_resources/%e2%9a%96%ef%b8%8f-benally-jones-daniels-vigil-yazzie-vs-city-of-gallup-complaint/

For media inquiries, contact Paloma Mexika, (505) 305-2559, paloma@nmpovertylaw.org.