Federal Court Approves Settlement for Española Families Harmed by Negligent Landlord
Española families are owed compensation for unsafe apartment conditions that forced many from their homes
ESPAÑOLA, NM – After years of unsafe housing, illegal rent increases, and forced displacement due to the negligence of their former landlord, 46 families who lived at La Vista Del Rio Apartments in Española are finally set to receive compensation. A federal court has granted final approval of a class action settlement against the former landlord, Bosley Management Inc.
The class includes tenants who resided at the complex from March 1, 2023 to October 2, 2023 and received rental assistance from the United States Department of Agriculture (USDA). The class is represented by the named plaintiffs Guadalupe Chavez, Lorenza Romero, Alice Sanchez, Suzie Trujillo, and Petra Velarde, with legal representation from the National Housing Law Project (NHLP) and the New Mexico Center on Law and Poverty (NMCLP).
The settlement provides:
- $2,500 per household; and
- An additional $1,000 for households forced to move because of the landlord’s actions.
“We’ve built our lives, our families, and our friendships here in Española,” said Guadalupe Chavez, a long-time resident. “Being forced out was devastating. This settlement is a step toward justice, and it shows landlords they cannot ignore our community or push us aside.”
Families endured years of neglect and unsafe living conditions while the landlord collected millions in rent and USDA subsidies. Many were forced to leave their homes due to the conditions and unlawful threats to close the complex by the landlord. This uprooted children from schools, causing families to lose long-time neighbors and community support, and face ongoing housing insecurity.
NMCLP is actively working to locate approximately 10 families whose current addresses are unknown, to ensure all eligible households receive their relief. Class counsel urges anyone who lived at the complex from March 1, 2023 to October 1, 2023 and who has not received a class notice in the case to contact NMCLP at (505) 255-2840.
“There were problems at the apartment, but I thought the landlord was supposed to fix things. When the landlord forced us out, I was worried I would have nowhere to go,” said former resident Susie Trujillo. “Now with the settlement, I know my family will get some of the support we deserve. It feels like our voices were finally heard.”
“Every family, no matter their income or housing type, deserves a safe and livable home,” said New Mexico Center on Law and Poverty Attorney Sovereign Hager. “The law guarantees these rights, and this settlement holds the landlord accountable for failing to meet them. Families in Española should not have to fight just to be treated with basic fairness and respect. In New Mexico, corporate, out-of-state landlords cannot push our communities aside.”
Background
Many families who have lived in Española for generations—raising children, working, and building a community—called La Vista Del Rio Apartments home and were forcibly displaced or harmed by their corporate landlord, Bosley Management Inc. When Bosley Management Inc. owned La Vista Del Rio Apartments, it failed to maintain safe, habitable housing, which illegally displaced tenants. The owner’s failure to maintain the property caused the property to exit the USDA Rural Development program without legally required tenant protections, leaving families vulnerable to rent hikes. The same landlord also owns another Española property that was condemned by the city, currently the subject of a separate ongoing lawsuit, also represented by NMCLP.
The settlement comes amid a broader housing crisis in Española. The city’s only emergency homeless shelter, the Española Pathways Shelter, is currently fighting to keep its permit to operate as an overnight shelter so that unhoused residents have a safe place to sleep during the coming winter months. The city’s Planning & Zoning Commission denied the shelter’s permit for this use, and the City Council is scheduled to hear the appeal on October 28 at 6:00 pm. Many NM families and communities are struggling to make ends meet while navigating economic pressures that could harm their housing stability. Tenant protections and landlord accountability, like this settlement, are critically needed to keep families stably housed.
This settlement is about holding corporate landlords accountable, protecting homes, and making sure families can stay in the neighborhoods they helped build.
Families who may be entitled to compensation or need to update their contact information, can view the Class Action Notice here. The full settlement agreement is available here.