Behind the RENT Ordinance: Part 1

Hands Off Our Leases: How O-25-88 Micromanages Housing Providers

When it comes to renting out a property, landlords and tenants already have the ability to create lease agreements that work for both parties. But under an Albuquerque City Council proposed Ordinance O-25-88, that flexibility would be severely restricted—opening the door to city-mandated lease terms, limitations on how rent is collected, and new rules that limit your ability to manage your own business.

In this first installment of our five-part blog series on the RENT Ordinance, we’re taking a closer look at how O-25-88 represents serious government overreach into private rental agreements.

What’s in the Ordinance?

Section 14-28-7 of O-25-88 lays out a long list of prohibited practices related to fees, lease clauses, and payment terms—many of which are currently legal and commonly used. For example, the ordinance would:

• Ban late rent fees over a certain threshold, regardless of what’s agreed upon in the lease
• Prohibit certain lease clauses, even if both parties consent to them
• Restrict how rent is paid, including limitations on digital payments or requiring in-person transactions
• Mandate specific grace periods and notice requirements that override existing lease terms

These changes would force housing providers to rework existing contracts and abandon lease structures that have worked well for both parties.

Why This Matters

For many housing providers, leases are thoughtfully crafted with clear expectations that protect both sides. This ordinance would insert the City of Albuquerque into private agreements—undermining your ability to tailor leases to your property, your tenants, and your business model.

That’s not just bad policy—it’s a dangerous precedent.

A REALTOR® Perspective

REALTORS® support fair housing and transparency, but O-25-88 takes it too far by dictating how property owners can operate. One-size-fits-all lease rules simply don’t work in a diverse rental market. Albuquerque needs housing policy that encourages partnership—not punitive oversight.

Stay Informed. Stay Ready.

Although Ordinance O-25-88 was recently voted down on June 11th in the Land Use, Planning, and Zoning Committee, it’s still alive and could return as early as August 16. GAAR will continue to advocate for balanced solutions that protect tenants and property owners—but we need you to stay engaged.

Watch for next week’s blog:

“Repairs Gone Wrong: The Risk of Tenant-Approved Contractors”