The Albuquerque City Council recently took action on O-26-22, a proposed update to the City’s cooling requirements, following significant debate around how to balance a resident’s protection with real-world housing operations.

The original proposal focused on a temperature-based performance standard, requiring cooling systems to reduce indoor temperatures by 15 degrees when outdoor temperatures exceeded 85 degrees. This approach was driven in part by extreme early-season heat events and concerns that some systems were not being turned on when needed.

However, that standard raised significant concerns across the housing community. Albuquerque’s housing stock and climate are unique, with widespread reliance on evaporative cooling and a large number of older homes and apartments not designed for central air. For many properties, particularly those built before 1980, meeting a strict temperature requirement would have required costly system conversions, electrical upgrades, and increased utility usage.

In response, Alan LaSeck, Executive Director of the New Mexico Apartment Association, worked closely with members of the City Council to develop an amendment that would not only defeat a bad bill but would improve the existing law. Special recognition goes to Alan LaSeck and the New Mexico Apartment Association, who took the lead on this effort, with GAAR supporting as part of the broader coalition.

What Changed

After extensive discussion, the Council adopted an amendment that shifts away from a rigid temperature mandate and toward a more flexible, system-based standard:

• Removes the 15-degree temperature requirement
• Establishes a defined cooling season: May 1 through September 30
• Requires cooling systems to be:
  • Properly installed
  • Maintained in good working order
  • Capable of operating as designed
• Defines compliance as providing a measurable reduction in temperature consistent with system design and manufacturer standards

Why This Matters

The amended O-22 represents a significant improvement over both the original proposal and the existing law.

The previous ordinance language was often vague, which led to confusion, inconsistent enforcement, and a high number of complaints and investigations that did not always reflect actual system performance or conditions. The amended version provides a clearer structure, establishes defined expectations, and reduces ambiguity for both housing providers and enforcement agencies.

Key improvements and considerations include:

• Clarity and structure: A defined cooling season and system-based standard provide more predictable and consistent enforcement
• Real-world applicability: Systems are evaluated based on how they are designed to operate, not a fixed temperature target
• Housing preservation: Avoids forcing widespread and costly conversions that could reduce housing supply
• Energy and infrastructure awareness: Reduces pressure on the electrical grid and limits unnecessary increases in energy use
• Recognition of local conditions: Reflects Albuquerque’s reliance on evaporative cooling and unique seasonal climate patterns

What’s Next

The amended ordinance ultimately passed following a close vote, even after the original sponsor raised concerns that the changes altered the bill’s intent.

As implementation moves forward, attention will turn to how these standards perform in practice and whether further refinements are needed to address extreme weather events and evolving climate conditions.

GAAR appreciates the collaborative efforts that led to a more balanced outcome and will continue to support policies that protect residents while maintaining housing affordability, operational feasibility, and long-term housing supply across Albuquerque.