The Albuquerque City Council is reviewing Ordinance O-25-102, also referred to as the Rental Practices Ordinance. This proposal is closely tied to Senate Bill 267, a state law passed in 2025 that updated several landlord-tenant requirements across New Mexico.

Senate Bill 267 already limits rental application fees, caps late fees, and requires clearer disclosure of rental costs and fee changes. These requirements are currently in effect statewide.

O-25-102 would place portions of that state law into Albuquerque’s municipal code, allowing the city to enforce these provisions locally. The ordinance would also add one new requirement: landlords must offer at least one option to pay rent without an added fee.

View and download the full O-25-102 here.

Although codifying state law into local code is not unusual in Albuquerque, it can create unintended complications. When the same requirements exist at both the state and municipal level, housing providers may face overlapping enforcement systems, multiple complaint avenues, and the risk of duplicative penalties. Additionally, future changes to state law may not be reflected in city code, creating misalignment and uncertainty for regulated parties.

Council discussion has focused less on the goals of transparency and fairness—which are widely shared—and more on these implementation questions. Councilors raised concerns about how local enforcement would work alongside existing state law, what impact this could have on Code Enforcement resources, and whether additional layers of regulation would improve compliance or add complexity.

GAAR worked with Councilor Rogers, along with other coalition partners, including the Apartment Association of New Mexico, to provide feedback and help amend the original proposal. While some changes were made as a result of those discussions, the coalition was ultimately unable to reach consensus on the ordinance as amended. As a result, GAAR opposed O-25-102 at the January 5 City Council meeting, where the City Council voted to defer the ordinance to the January 19 City Council meeting.

This article is the first in a series intended to explain the ordinance, its background, and how it could affect rental housing in Albuquerque. Stay tuned — we will share additional information, including how to attend upcoming meetings, as the January 19 City Council date approaches.