NMCLP News:

• Procedurally unclear referral leaves final decision pending during the coldest months, as community watches to ensure critical winter services remain available

ESPAÑOLA — Following a late-night hearing Tuesday, the Española City Council delayed a final decision on the Pathways Shelter’s special use permit appeal, instead referring the matter to an independent hearing officer who will make a recommendation for the City Council.

The Council also voted to allow the shelter to continue its overnight operations through Jan. 12. Although Pathways remains open overnight for the time being, the failure to provide a final decision leaves staff and community members still in limbo at a time when planning for winter services is critical.

“Pathways Shelter is the only place where unhoused community members in Española can sleep safely and stay warm during the harsh winter,” said Riley Masse, Economic Equity attorney at New Mexico Center on Law and Poverty (NMCLP). “By referring the permit to an independent hearing officer, the Council has delayed a final decision until the coldest and most critical months of the year. This procedurally unclear choice leaves the community, staff, and funders navigating uncertainty. People are watching, and we will continue to hold the City accountable to ensure people can access the shelter they need.”

The Pathways Shelter has operated since 2019 under a special use permit allowing overnight services during the colder months. Year-round, it provides day services and case management connecting unhoused individuals to food aid, housing assistance, and treatment options.

In July 2025, Pathways Shelter submitted a new permit application to continue its overnight services, following notice that its 2019 permit needed to be renewed. The City granted permission to continue operating while the new application was under review. The City’s Planning and Zoning Commission denied the application in August, despite clear evidence of the shelter’s positive impact, including serving 45 to 65 people per day and over 400 new community members last year, who would otherwise be forced to sleep outside.

“This shelter has saved lives,” said Dena Moscola, Executive Director/CEO, Espanola Pathways Shelter. “Every day, community members rely on Pathways for care and support. We’ve helped thousands connect to services and move into permanent housing. Community members need stability and certainty, especially in winter, and the pending decision makes planning that much harder for everyone involved.”

At the time of the City Council hearing, Pathways had already opened its first overnight beds for the winter season. While the Council allowed the shelter to continue operating overnight temporarily, the decision to refer the permit to an independent hearing officer potentially postpones a final ruling until January, leaving staff, residents, and funders without clarity about operations beyond that point.

Despite the uncertainty, Pathways continues to serve as a critical hub for crisis intervention and triage, helping people meet essential daily needs and connect to lifesaving care. The shelter offers meals, hygiene supplies, showers, and assistance obtaining IDs, as well as navigation to onsite medically assisted drug treatment, primary care, and mental health services. It continues to collaborate with over 40 partner agencies, expanding regularly to meet the growing need for housing and stability in Española.

“Everyone deserves a safe place to sleep,” said Reed Colfax of the civil rights firm Relman Colfax. “The shelter is open overnight and accessible now, but clarity on its future is essential for residents, and particularly residents with disabilities, as well as staff to plan and sustain services through the coldest months.”

The City’s actions come amid a worsening housing crisis in northern New Mexico. Nearly 420,000 New Mexicans live below the federal poverty line, and a New Mexico Department of Health study found more than 30,000 people experienced homelessness between 2019-2024.

“Española families are already facing impossible housing pressures,” said Monet Silva, Executive Director of NM Coalition to End Homelessness. “We will continue to support our neighbors and ensure the community knows that people are watching. The shelter is open and rooted in the heart of our community. It represents our shared commitment to care for one another, and we will continue to stand firm in protecting this essential, life-saving space.

Background

• 2019: Pathways receives a 5-year special use permit to operate as an overnight shelter.
• 2024-2025: City requests permit renewal, then requires a new permit application and allows Pathways to continue overnight operations while the new application is under review.
• Aug. 14, 2025: Planning & Zoning Commission denies application.
• Oct. 28, 2025: City Council refers the matter to an independent hearing officer and allows overnight operations through January.

About New Mexico Center on Law And Poverty:

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.