Curry, Roosevelt to pilot eviction prevention program

SANTA FE — Curry and Roosevelt counties will serve as the launch point for a new courts program designed to steer tenants and landlords away from evictions brought on by the pandemic.

The Eviction Prevention and Diversion Program, aimed at settling cases through a facilitator, will provide information to help tenants vulnerable to eviction, including sources for legal services, financial assistance and alternate housing options, the Administrative Office of the Courts announced in a Tuesday news release.

The 9th Judicial District will start the program Feb. 1, and the court system plans expanding the program to the rest of the state in March.

“Courts will provide trained facilitators in eviction cases to help landlords and tenants resolve disputes over rental payments,” state Supreme Court Chief Justice Michael Vigil state in a statement. “The goal is to negotiate a settlement acceptable to property owners and renters, allowing people to remain in their homes while fairly compensating the property owners through emergency rental assistance.”

The Supreme Court put a stay on tenant evictions for those who could prove hardships in March 2020, at the start of the coronavirus pandemic. This new program will lift the stay in counties that participate in the program.

Barry Massey, a public information officer for the AOC, said the 9th was picked because it was the right size.

The district is not too large or too small,” Massey said. “The courts there handle a sufficient number of evictions to help determine how the program will work in day-to-day practice and whether any modifications are needed before it’s expanded statewide. Additionally, Chief Judge Drew Tatum is a strong leader who will ensure the program is administered effectively, and the magistrate court judges were enthusiastic about implementing the eviction prevention and diversion program.”

The program requires participation from both the tenant and landlord. Once agreed upon, the eviction case will be put on hold for a minimum of 60 days while a court-appointed facilitator negotiates a settlement, the news release said.

The program will be available to tenants of apartments as well as for those who rent lots for their mobile homes.

“New Mexico’s eviction process is very fast. It generally does not allow time for tenants to apply for rent assistance,” Thomas Prettyman of New Mexico Legal Aid said in the news release. “Formalizing a process where the trial courts give landlords and tenants the time and opportunity to seek rent assistance will offer the best chance to make landlords whole while at the same time ensuring that low-income families who have fallen behind on rent do not become homeless.”