Behind the RENT Ordinance: Part 4

Who’s in Charge? O-25-88 Shifts Power Without Oversight

Checks and balances are a fundamental part of any fair legal process—but Ordinance O-25-88 proposes a system where city staff, not the courts, hold the power to impose penalties, fees, and even liens on property owners. That shift raises major concerns about fairness, consistency, and due process.

In Part 4 of our five-part series on the RENT Ordinance, we’re examining how O-25-88 concentrates enforcement power in the hands of city officials—without enough oversight or accountability.

What’s in the Ordinance?

Several sections of O-25-88—including 14-28-13 and 14-28-16—grant the City of Albuquerque broad enforcement authority, allowing city staff to:

• Impose administrative fines for perceived violations without a court hearing
• Order relocation assistance to tenants, with limited ability for landlords to dispute the claim
• Place liens on properties to collect unpaid penalties
• Deny or revoke rental registrations, effectively barring an owner from renting out their property

While appeals are technically allowed, the ordinance gives wide latitude to staff interpretations, creating a system where enforcement decisions could vary widely—and landlords could be punished before they’ve had a chance to respond.

Why This Matters

This ordinance creates a parallel enforcement structure that bypasses the normal judicial process. That’s not just inefficient—it’s potentially unconstitutional.

Due process matters. Property owners deserve the right to a fair hearing, with evidence and representation, before facing penalties that could jeopardize their business or financial stability. O-25-88 undermines that principle by making city staff the judge, jury, and collector.

A REALTOR® Perspective

REALTORS® believe in accountability and tenant protections—but also in due process and a fair system for all parties. Enforcement of housing laws should be consistent, transparent, and subject to legal review—not left to unchecked discretion.

O-25-88 introduces too many gray areas, and too few safeguards.

Stay Informed. Stay Ready.

Thanks to your advocacy, O-25-88 was stopped—for now. But because it wasn’t formally withdrawn, it remains in committee and could return as soon as the next LUPZ meeting on August 13th.

REALTORS® are ready to engage again. Let’s keep pushing for fair, collaborative solutions that protect everyone in Albuquerque’s rental market.

Watch for next week’s blog:

“A Seat at the Table: Why Housing Policy Must Include All Voices”