The Albuquerque City Council continues to consider Ordinance O-25-102, the Rental Practices Ordinance. As discussions progress, recent amendments and ongoing debate underscore why GAAR remains closely engaged on behalf of property owners.

Background: How O-25-102 Fits with State Law

O-25-102 is closely tied to Senate Bill 267 (2025), which became law in July 2025 and already applies statewide. SB 267:

• Caps rental application fees
• Limits late fees
• Requires clearer disclosure of rental costs and fee changes
• Establishes enforcement and judicial review through the New Mexico Attorney General’s Office (AG)

O-25-102 would:

• Codify portions of SB 267 into Albuquerque’s municipal code
• Give the City enforcement authority as well as the AG's office.
• Add a new requirement that owners provide at least one no-fee rent payment option

Key Concerns Raised

While tenant protections are widely supported, concerns have focused on implementation, including:

• Overlapping state and city enforcement systems
• Multiple complaint processes (AG’s Office and City Code Enforcement)
• Risk of duplicative penalties
• Future misalignment if state law changes but city code does not
• Added strain on Code Enforcement resources

Updates from the Latest Blueline Version

View the Blueline Version here.

Recent amendments reflected in the January 5 blueline version attempt to address some of these concerns:

• Duplicate fines removed:
  The revised enforcement section eliminates stacked penalties and clarifies that violations are subject to a single civil fine, reducing the risk of multiple penalties for the same conduct.
• Education and resolution emphasized:
  The ordinance now includes provisions for notice, cure, mediation, and hearings, allowing owners the opportunity to resolve issues before penalties escalate. Mediation through the City’s Alternative Dispute Resolution office is explicitly included.
• Clearer enforcement process:
  The blueline outlines notice requirements, timelines to cure violations, and appeal rights through the Independent Office of Hearings and the district court.

While these changes improve clarity, concerns remain about whether municipal enforcement is appropriate given the relatively recent enactment of SB 267 and the lack of data on state-level enforcement outcomes.

GAAR Engagement and Current Status

• GAAR is working with coalition partners, including the Apartment Association of New Mexico (AANM), to propose amendments and seek consensus.
• City Council voted on January 5th to defer the ordinance to Wednesday, January 21st at 5:00 PM.
• Despite all efforts, an agreement has not been reached, and GAAR still opposes O-25-102.

Key Takeaway

O-25-102 primarily concerns the local enforcement of existing state law, rather than new rental standards. While recent amendments address some issues—such as duplicate fines and procedural clarity—questions remain about enforcement overlap, legal authority, and long-term impacts on housing providers.

This article is part of an ongoing series. GAAR will continue to provide updates as the ordinance evolves and additional information becomes available.

How to Participate in the City of Albuquerque City Council Meeting on Wednesday, January 21st at 5:00 pm 

1. Sign up to provide public comment in-person or via ZOOM by 3:30 pm on Wednesday, January 21st
   - Sign up Link: https://www.cabq.gov/jan-21-2026-comment
   - Participants may sign up for a maximum of 2 agenda items per meeting.
   - If you sign up to speak on a specific agenda item, your name will be called when that item is heard.
   - Participants must sign up for public comment with the Zoom username or phone number that they will use to enter the Zoom meeting so that they can be identified 
   - Persons who do not provide this information will not be allowed into the meeting, but may still view the meeting via YouTube live or in Zoom Webinar 
2. Attend In Person on Wednesday, January 21st at 5:00 pm
   Albuquerque/Bernalillo County Government Center
   Vincent E. Griego Chambers
   1 Civic Plaza NW, Albuquerque, NM 87102
3. Log in to Zoom on Wednesday, January 21st, at 5:00 pm
    https://cabq.zoom.us/j/86453666728
   Webinar ID: 864 5366 6728
   (669) 444-9171 // 864 5366 6728
4. View on YouTube on Wednesday, January 21st at 5:00 pm
   https://youtube.com/live/KoSsX10JXdk?feature=share

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