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Council adopts ordinance to codify state renter protections and add a city enforcement path

City Council of Albuquerque · January 5, 2026
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Summary

The council adopted an ordinance to bring state rental‑practice protections (SB 267) into city code and to create a local enforcement path; sponsor Councilor Rogers added a requirement that owners offer at least one fee‑free rent payment method and the council revised enforcement procedures after stakeholder discussions.

The council adopted O‑102, a city ordinance that incorporates key elements of the state’s renter‑protections law (SB 267) into local code and establishes a municipal enforcement path and penalties.

Councilor Rogers explained the measure mirrors the state’s Uniform Owner‑Resident Relations Act provisions on required fee disclosures, limits on application/screening fees (capped at $50), background‑check limits, and caps on late fees (no more than 5% of rent). Rogers added a local provision requiring owners to offer at least one no‑fee payment option so tenants are not charged extra transaction fees for rent payments.

After extensive stakeholder meetings with landlords, management associations and tenant advocates, Rogers moved floor amendments to clarify enforcement: the city will issue written notices of violation, allow owners to cure violations or request mediation or a hearing, and impose civil fines aligned with state provisions (a stated $250 civil fine for violations in the amendment). The enforcement text was revised based on landlord and tenant feedback and to add administrative due‑process steps.

The public record included many tenant advocates, housing advocates and renters who urged adoption; the Apartment Association and some landlords opposed aspects of local enforcement, warning of potential conflicts with state law and duplication of remedies handled by the Attorney General. Council debated preemption and enforcement duplication and adopted the ordinance as amended. The ordinance includes negotiation language for covered union positions where applicable, and directions for staff on implementation.

Council did not create new recurring staff positions in the ordinance; staff indicated any city enforcement would be executed through existing code‑enforcement structures and would require further administrative steps to implement.