The Apartment Association of New Mexico has shared details and advice regarding this new ordinance affecting rental property owners. 

 On June 17, 2026, the Albuquerque Mayor signed O-26-24, the Rental Habitability Enforcement Ordinance. This new ordinance establishes additional enforcement mechanisms, fines, and relocation obligations for certain habitability violations in rental housing within the city limits of Albuquerque. Enforcement will start on June 28th, 2026.

While AANM expressed concerns regarding several provisions of this ordinance, it is important that all housing providers understand the new requirements and prepare accordingly.

To view the ordinance in its entirety, CLICK HERE

To view the Uniform Housing Code sections that pertain to this bill, CLICK HERE

Who is Covered?

The ordinance applies to residential rental properties located within the city limits of Albuquerque. It does not apply to owner-occupied properties, short-term rentals, hotels, or other transient lodging.

Tenant Notice Requirement

Before contacting the City regarding a habitability issue covered by the ordinance, residents must provide notice of the issue to the property's Responsible Party (owner, management company, or designated agent).

Tier 1 Habitability Violations

Upon receipt of a qualifying habitability violation from the City: 

• The Responsible Party has seventy-two (72) hours to abate the condition.
• If repairs cannot reasonably be completed within 72 hours, the Responsible Party may request an extension through the City's remediation process.

Tier 2 Habitability Violations

A property owner or Responsible Party automatically enters Tier 2 status upon receiving three (3) habitability violations within a twelve-month period.
Under Tier 2: 

• A $500 fine is automatically assessed for the third violation and every violation thereafter during the rolling twelve-month period.
• The Responsible Party still has seventy-two (72) hours to abate the condition and the ability to request an extension.
• Additional violations may be issued daily for unabated conditions unless an approved extension is in place.

Extension Requests

If a repair cannot reasonably be completed within 72 hours, the Responsible Party must submit a written remediation plan to the Planning Department that includes some of the following: 

• A reasonable timeline for completion
• Description of necessary repairs or improvements
• Active permit information, if applicable
• Project milestones
• Anticipated occupancy date

Approval of extension requests is at the discretion of the Planning Department.

If an approved remediation timeline is missed: 

• A $500 civil penalty may be imposed.
• An additional $500 per day fine may be assessed until the violation is corrected.

Relocation Requirements

This requirement applies when the condition is within the Responsible Party's control, the Responsible Party knew or should have known of the condition, and if remediation is expected to take longer than seven (7) days: 

• The Responsible Party must pay relocation costs for affected residents.
• Government notice of the condition serves as proof that the Responsible Party knew of the issue.

Important timelines include: 

• Relocation assistance must be provided within seven (7) days of receipt of the habitability violation.
• If relocation is not provided within seven days, the City may arrange relocation.
• The Responsible Party must reimburse the City within thirty (30) days of the original violation notice.

The ordinance authorizes the City to place liens against the subject property or may subsequently place liens on other assets owned by the subject property’s owner for unpaid relocation costs.

Notice and Appeal Rights

When fines are assessed, the City must provide notice to the owner or Responsible Party and the occupant.

Fines must be paid within thirty (30) days of the order unless successfully appealed. Failure to pay may result in liens and collection actions by the City.

Property owners and Responsible Parties have the right to appeal fines through the City's Independent Office of Hearings process.

Advice from AANM:

1. Review current maintenance response procedures to ensure habitability complaints are documented and addressed immediately.
2. Verify that ownership and management contact information is current with county records and internal systems.
3. Establish protocols for documenting resident complaints, inspections, repair efforts, and contractor scheduling.
4. Develop internal procedures for extension requests and remediation plans when repairs require permits, specialty contractors, or extended construction timelines.
5. Review insurance policies and risk management practices relating to temporary resident relocation obligations.