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Albuquerque City Councilor Nichole Rogers is proposing changes to the city’s Safe Outdoor Space (SOS) Operator’s Permit Ordinance, aiming to reduce regulatory obstacles and make it easier to open and manage sanctioned encampments for people experiencing homelessness.
Rogers is pushing to ease city rules on Safe Outdoor Spaces. She argues that current regulations create unnecessary red tape that blocks efforts to establish safe, legal places for people living in tents or vehicles. Her proposed amendments seek to cut permit fees, simplify community engagement requirements and remove barriers that have prevented operators from opening these sites.
Only one city-approved Safe Outdoor Space exists right now — the Refuge House, run by the New Creation Albuquerque church. It has eight wooden platforms, a portable toilet, showers, laundry and case management. An on-site manager runs the site, providing a safer, cleaner alternative to illegal encampments.
Safe Outdoor Spaces remain a divisive issue, with frequent pushback from neighborhood groups and some elected officials. Applicants have either been denied or withdrawn their proposals under the city’s current rules. The city keeps a map showing approved, denied and withdrawn locations.
Rogers hopes her bill will clear the way for more providers to open Safe Outdoor Spaces while still protecting health and safety. A committee hearing is expected in August after the Council’s summer break. If the amendment advances, a full City Council vote will follow.
Here’s a closer look at what the bill would do:
Permit application changes
Under the proposed amendment, sites with 10 or fewer spaces would no longer need to provide contact information for someone available 24 hours per day, seven days a week, easing the burden on smaller operators. Sites with 11 or more would still be required to list a 24/7 contact to handle complaints about the site’s operation or occupancy.
To align with the background check requirements of New Mexico’s Criminal Offender Employment Act, meaning people would not be denied a permit solely based on a criminal record unless legally allowed.
The amendment changes what site operators need to include in their operations plan.
It drops the old rule, which said they had to specify if and when the site would be open to the public, making the rules about public access simpler.
Operators must include a comprehensive plan in their applications.
They need to explain how tenants will check in and register, outline site security and tenant safety measures and detail fire safety and evacuation procedures.
A code of conduct must cover violent behavior, weapons, drugs, alcohol and what the process is before removing someone.
Operators also must provide a property maintenance plan to keep the site clean and free of weeds, debris and waste, plus a pet policy ensuring humane and sanitary conditions.
The application should include a policy to help residents get government-issued IDs, a wastewater and sanitation plan and proof of property ownership or consent.
Finally, operators must submit a decommissioning plan explaining how and when the site will close and how it will be restored to its previous condition or better.
Permit term limits and fee reductions
The amendment sets a clear timeline, giving permits a 12-month limit instead of leaving them open-ended. Operators would need to reapply each year, replacing the old system tied to zoning rules.
It also adds a $100 fee for new permits and a $50 fee for renewals. The city must use that money to run, manage and enforce the program. Permits can’t be transferred and only stay valid while the listed operator is still in charge.
Good neighbor provisions
Each of the site operators must engage in a “Good Neighbor Program” with neighbors within 100 feet of the property and keep updated records of current and past tenants, including the reason they left. They must keep a log of all visitors.
Operators must report any illegal use of nearby public spaces by non-tenants to 311 and partner with a nonprofit to do outreach in the surrounding area.
During the first six months, they are expected to meet monthly with nearby property owners — after that, quarterly check-ins would be required. Quiet hours would run from 10 p.m. to 7 a.m.
The proposal also blocks people with felony assault or battery convictions from staying at a site, though they can remain during a pending background check. Operators must cover the cost of those checks.
What’s Next
The amendments were referred to the Land Use, Planning, and Zoning Committee, which is next scheduled to meet at 5 p.m., August 13 in the Vincent E. Griego Chambers, basement level of the City of Albuquerque Government Center, 1 Civic Plaza NW.
Watch live:
- Comcast Channel 16 (GOVTV)
- Stream at cabq.gov/govtv
On YouTube at youtube.com/@GOVTVBoardsCommissionMeetings
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