Proposed "Rental Practices Ordinance" Set for December 15th City Council Hearing
A new ordinance introduced by Councilor Nichole Rogers—Council Bill O-25-102, also known as the Rental Practices Ordinance—is anticipated to be heard by the Albuquerque City Council on Monday, December 15, 2025.
- At first glance, the bill claims to simply “codify provisions of NM Senate Bill 267 (2025),” but a deeper look reveals it goes much further.
This proposal creates an entirely new layer of local enforcement, penalties, and compliance burdens that are likely to conflict with state law, overstep municipal authority, and create costly legal ad operational risks for property owners and managers in Albuquerque.
Key Requirements in the Ordinance
If passed, this ordinance would:
- Cap screening fees at $50 and require refunds in many cases
- Mandate full disclosure of all rental-related fees in online listings
- Restrict late fees to 5% of rent only and require written notice
- Require a “fee-free” method of rent payment
- Create a new municipal penalty structure:
- $250 for the first violation
- $500 for each additional violation
- $500 per day for unresolved violations
- Allow “proactive” enforcement—even without tenant complaints
- Delegate enforcement to Code Enforcement and the Planning Department
- Mail legal notices only to the “Owner’s address” as listed with Bernalillo County, regardless of property management representation or ownership structure
Why Property Owners Should Be Concerned
This ordinance is more than a procedural update—it represents a significant shift.
Alan LaSeck, Executive Director of the Apartment Association of New Mexico, has raised serious red flags about this ordinance. Here are some of the biggest problems:
Municipal Overreach Into State Law
O‑25‑102 gives city code inspectors and planners authority to interpret and enforce rental agreements, screening fees, and payment practices—functions that belong to state courts under UORRA (Uniform Owner–Resident Relations Act). This blurs the line between housing safety enforcement (a municipal role) and contract law (a state-level judicial matter), creating major due-process concerns.
A Parallel Penalty System That Conflicts with NMUORRA
Instead of following state rules, this ordinance creates its own municipal fine system—with no neutral hearing requirement, no standard of evidence, and no judicial review—opening landlords to escalating daily fines without meaningful recourse.
Proactive Investigations, Even Without Complaints
The city could initiate investigations into listings, leases, and fee practices even if no tenant has complained, moving Albuquerque toward an intrusive enforcement model unlike any other in the state.
“Fee-Free Rent Payment” is Vague and Risky
- The ordinance requires landlords to offer a “free” method of rent payment—but fails to define what qualifies:
- Does mailing a check count if the tenant pays postage?
- Do drop-boxes count if they’re no longer offered?
- Do ACH payments qualify if there's a platform processing fee?
Different inspectors could interpret this differently, and well-intentioned landlords could still be penalized.
Property Managers Excluded from Notification Process
The ordinance requires legal notices to be mailed to the “owner’s address” on file with Bernalillo County—but these records are often outdated or tied to law firms, trusts, or mortgage services. Property managers—who typically handle compliance—are not recognized in the notice process, which could delay responses and increase fines.
These changes would apply to all landlords in Albuquerque—regardless of size, property type, or property management structure.
What’s Next
We anticipate the ordinance will be heard by the Albuquerque City Council on Monday, December 15th. REALTORS®, property managers, and rental housing providers are encouraged to Read the full ordinance O-25-102
Stay Engaged
This is part of a growing trend of local rental regulation that could impact property rights, housing affordability, and Albuquerque’s rental housing supply. We’ll be sharing more details in the days ahead.
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