NM CENTER ON LAW & POVERTY NEWS RELEASE

On Monday, January 12, an independent hearing officer appointed by the Española City Council recommended approval of Española Pathways Shelter’s (“EPS”) application for a special use permit to continue providing overnight shelter, concluding that the shelter meets the City’s zoning requirements and does not pose a risk to public health or safety. The recommendation follows 16 months of review and comes at a critical time as winter conditions intensify. Advocates and community leaders are now urging the City Council to adopt the recommendation so the shelter, its staff, and the people it serves can plan with certainty and remain safe through the winter. The City Attorney stated that the City would follow the independent hearing officer’s recommendations.

The hearing officer’s recommendation reflects a comprehensive and independent review of EPS’s permit application, the full evidentiary record, and the City’s own legal standards governing special use permits. Under the City’s ordinances, the matter now returns to the City Council for final action, with adoption of the recommendation allowing overnight shelter services to continue without interruption.

“Pathways Shelter is the only place in Española where unhoused residents can sleep safely and stay warm during winter,” said Riley Masse, Senior Economic Equity Attorney with the New Mexico Center on Law and Poverty. “The hearing officer carefully reviewed the facts and law, and found the shelter meets all requirements. City Council can now formalize the decision and provide certainty for the people who rely on these services.”

The Pathways Shelter has operated since 2019 under a special use permit authorizing overnight services during colder months. It also provides year-round day services and case management, connecting residents to food assistance, housing resources, healthcare, and treatment programs. Last year, Pathways served more than 400 new community members and between 45 and 65 people each day, many of whom would otherwise have slept outdoors.

“This shelter has saved lives,” said Dena Moscola, Executive Director and CEO of Española Pathways Shelter. “Every day, people rely on Pathways for care, stability, and support. The hearing officer’s recommendation gives our community a clear path forward, and formal approval will allow us to plan and operate with confidence through the winter.”

Pathways collaborates with more than 40 partner agencies to meet the growing need for housing and health services in northern New Mexico. Advocates say any delay in implementing the hearing officer’s recommendation could create unnecessary uncertainty for staff and residents during the coldest months.

“Everyone deserves a safe place to sleep,” said Reed Colfax, Co-Managing Partner of the civil rights firm Relman Colfax. “This recommendation is an important and encouraging step forward. Final approval will provide the certainty needed for residents, particularly those with disabilities, and the staff responsible for providing critical services.”

Northern New Mexico is facing a worsening housing crisis. Nearly 420,000 residents live below the federal poverty line, and more than 30,000 people experienced homelessness between 2019 and 2024, according to the New Mexico Department of Health.

“Española families are already under immense housing pressure,” said Monet Silva, Executive Director of the New Mexico Coalition to End Homelessness. “The shelter is rooted in this community and remains essential to its wellbeing. We will continue to ensure it remains open and accessible throughout the winter.”

Background

• 2019: Pathways Shelter receives a five-year special use permit authorizing overnight shelter services for unhoused people.
• 2024–25: As the permit nears expiration, the City requires Pathways to submit a new application; the City allows Pathways to continue operating overnight shelter services while the application is under review.
• Aug. 14, 2025: The Española Planning and Zoning Commission denies Pathways’ permit application.
• Oct. 28, 2025: On appeal, the Española City Council refers the matter to an independent hearing officer.
• Jan. 12, 2026: The independent hearing officer issues a recommendation to grant the permit and allow Pathways to continue its overnight shelter operations, stating that Pathways’ challenges are in the past and they are fully compliant with City requirements.
  
  The New Mexico Center on Law and Poverty is dedicated to advancing economic and social justice through education, advocacy, and litigation. We work with low-income New Mexicans to improve living conditions, increase opportunities, and protect the rights of people living in poverty.