CITY of ALBUQUERQUE
TWENTY SIXTH COUNCIL
COUNCIL BILL NO. O-25-88 _____ ENACTMENT NO. ________________________
SPONSORED BY: Tammy Fiebelkorn, by request
ORDINANCE
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Adopting The Renter’s Empowerment And Neighborhood Transparency (RENT) Ordinance (Fiebelkorn, by request)
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WHEREAS, a rental bill of rights is essential to protect the rights of tenants and ensure fair housing practices; and
WHEREAS, tenants have a fundamental right to a safe, habitable, and affordable living environment; and
WHEREAS, renters can be a vulnerable population as compared to homeowners; and
WHEREAS, approximately 44% of Albuquerque households are renters; and
WHEREAS, of that 44%, 58% are households with persons of color and 18% of renter households report living below the poverty line; and
WHEREAS, 50% of renter households report spending more than 30% of their income on rent, classifying them as rent-burdened; and
WHEREAS, landlords have a responsibility to provide adequate housing and maintain properties in a condition that complies with applicable laws and regulations; and
WHEREAS, a clear and comprehensive rental bill of rights can help to prevent disputes and misunderstandings between tenants and landlords; and
WHEREAS, the absence of a comprehensive rental bill of rights may lead to varied and sometimes unjust treatment of tenants, making it essential to establish a unified framework to ensure fair and equitable rental practices for renters in Albuquerque.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Article 28 in Chapter 14 of the Revised Ordinances of Albuquerque is hereby adopted as follows:
§ 14-28-1 SHORT TITLE.
This ordinance shall be known and may be cited as the Renter’s Empowerment and Neighborhood Transparency (“RENT”) Ordinance.
§ 14-28-2 PURPOSE.
(A) The purpose of this ordinance is to ensure fair, equitable, and secure housing for all tenants by establishing clear protections, responsibilities, and standards that promote dignity, stability, and community well-being.
(B) This ordinance is intended to comply with and complement any state laws related to rental housing and nothing in this ordinance is intended to be or shall be construed as rent control.
§ 14-28-3 DEFINITIONS.
For the purpose of this ordinance, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Terms include either the singular or the plural as the case may be.
APPLICATION DEPOSIT. Any deposit that an applicant must pay to a landlord to hold or reserve a rental unit for the applicant before entering into a lease agreement.
COMPANION ANIMAL. A domesticated animal kept by an individual primarily for emotional support, companionship, or personal enjoyment, rather than for commercial, agricultural, or therapeutic purposes. This includes, but is not limited to, dogs, cats, birds, and other animals commonly kept in a household.
DEPOSIT. An amount of currency or instrument delivered to the landlord by the tenant as a pledge to abide by terms and conditions of the rental agreement. Deposits are not considered rent.
EVICTION. A legal process initiated by a landlord to regain possession of a dwelling unit and use of the premises, by which the landlord removes the tenant from the rental property, typically for violating the lease agreement or failing to pay rent.
HABITABILITY. The legal requirement that a rental property must be safe, clean, and suitable for living.
LANDLORD. The owner or property manager responsible for leasing a residential property to tenants.
LANDLORD'S RESPONSIBILITIES. Legal obligations that landlords must fulfill, such as keeping the rental property in a habitable condition, repairing and maintaining the property, respecting tenants’ rights, and providing relocation assistance when required.
LEASE AGREEMENT. A legally binding contract between a tenant and landlord outlining the terms and conditions of the rental arrangement.
LEASE TERM. The duration of time for which the lease agreement is valid, typically specified in months or years.
REASONABLE. Refers to actions, decisions, or standards that are fair, just, and appropriate under the circumstances.
RENT. Payments in currency or in-kind under terms and conditions of the rental agreement for use of a dwelling unit or premises, to be made to the landlord by the tenant, but does not include deposits.
RENT INCREASE. An adjustment to the rent amount, typically at the end of a lease term, subject to state and local laws and regulations.
RENT PAYMENT. The amount of money the tenant agrees to pay the landlord for the use of the rental property, usually on a monthly basis.
SCREENING FEE or APPLICATION FEE. A one-time charge to a rental applicant by a landlord to recoup the landlord’s cost of reviewing or processing an application, including purchasing a consumer credit report or reference check or the utilizing a screening service to validate, review or otherwise process an application for renting a dwelling unit.
SECURITY DEPOSIT. A refundable amount of money collected by the landlord at the beginning of the lease to cover potential damages or unpaid rent.
TENANCY FEE. Any sum that a landlord requires a tenant to pay during the tenancy, pursuant to the lease agreement, that does not include a deposit, rent, or fines. Tenancy fees include, but are not limited to, convenience fees, parking fees, cleaning fees, storage fees, landscaping fees, and amenity fees.
TENANT. A person who rents or leases a residential property from a landlord.
UTILITIES. Services such as electricity, water, gas, internet, and/or trash collection that may be included in the rent or paid separately by the tenant.
§ 14-28-4 TRANSPARENCY IN PUBLISHED LISTINGS AND APPLICATION PROCESSING.
(A) In accordance with the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq., a landlord shall disclose to applicants in plain language all costs of a rental agreement in a published listing of the rental unit. The landlord shall additionally disclose the following information in all published listings for a rental unit:
(1) Tenant eligibility requirements, including:
(a) Information that could appear on a background check that
would disqualify an applicant for approval, if any;
(b) The minimum credit score required for approval, if any; and
(c) Minimum income requirements, if any, subject to the
provisions of the City of Albuquerque Human Rights Ordinance, ROA 1994, §§ 11-3-1, et seq.
(d) Nothing in this section requires a landlord to impose a
background check, minimum credit score, or income requirements, or prevents a landlord from making exceptions to any minimum requirements disclosed.
(2) The Screening Fee not exceeding $50 pursuant to the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq.
(3) A list of other fees, charges, or other requirements that may be imposed by the landlord before or during the lease term, including:
(a) Any application deposit required;
(b) Accepted methods of payment of rent;
(c) Security deposit;
(d) Companion animal deposit;
(e) Late payment fees and returned payment (NSF) fees;
(f) Tenancy fees (such as parking fees, maintenance fees, amenity fees, convenience fees, cleaning fees, storage fees, and landscaping fees);
(g) Whether the landlord reports rental payments to a credit reporting agency and/or bureau; and
(h) Utility charges.
(B) Landlords shall collect and manage Screening Fees in compliance with the requirements of the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq.
(C) First-come, first served rental application processing. Landlords shall process applications in accordance with the Uniform Owner-Resident Relations Act NMSA 1978, §§ 47-8-1 et seq.
(1) The landlord shall notify applicants of their position in the application processing queue.
(2) In cases where multiple applications are received simultaneously (e.g., electronically), the landlord shall use a fair and transparent method, such as a timestamp or randomized selection, to determine the order of processing. The landlord shall retain records of the application queue and processing order decisions for a minimum of one (1) year.
§ 14-28-5 DEPOSITS.
(A) SECURITY DEPOSIT.
(1) Any security deposit required by a landlord shall comply with the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq.
(2) As an alternative to a traditional security deposit, a landlord may accept a surety bond for coverage. However, the tenant shall always retain the option to provide a traditional security deposit.
(B) COMPANION ANIMAL DEPOSIT.
(1) A landlord shall not prohibit a tenant from keeping companion animals.
(2) A landlord shall not charge additional monthly "companion animal rent" or other companion animal fees. A landlord may charge a companion animal deposit in an amount that shall not exceed $150 for the first animal and $50 for any additional animals. The companion animal deposit shall be refundable, subject to itemized deductions for damages caused by the companion animal.
(3) A Landlord shall not impose restrictions on companion animals, including but not limited to restrictions based on breed, size, or type.
§14-28-6 RENTER’S INSURANCE.
A landlord shall not require a tenant to obtain any insurance as a condition of renting a rental unit.
§ 14-28-7 RENT AND FEES.
(A) A landlord shall provide in the lease agreement plain language outlining all costs associated with the rental, including the base rent that will be assessed and a description of all tenancy fees that will be assessed during the residency.
(1) Any fee increases made by the landlord during the term of the lease agreement shall comply with the written notice requirements of the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq.
(B) Payment of Rent.
(1) A landlord shall not refuse to accept rent payments on the basis that the payment is made by cash, check, or money order. If a landlord uses a designated online payment portal or similar application to accept rent payments, the tenant shall not be charged a fee for use of the portal.
(2) A landlord shall not charge a fee for payment of rent on the basis that the payment is made by cash, check, money order, or via an online payment portal.
(3) For any payment made by the tenant or on the tenant’s behalf, the landlord shall provide the tenant a written or electronic receipt within seven (7) days of receipt of the payment.
(C) Notice of Rent Increase.
(1) Any rent increases made by the landlord shall comply with the notice requirements of the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq.
(2) A written notice of rent increase shall be delivered to the tenant in person or sent by certified mail, return receipt requested. If the tenant cannot be located in person or refuses to accept the notice, the notice may be posted on the primary entrance to the tenant’s unit, the landlord shall retain a photograph of the notice posted on the tenant’s unit, and and a copy of the notice shall be sent by certified mail to the tenant.
§ 14-28-8 TIMELY REPAIRS.
(A) Repairs shall be governed by the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq.
(B) In the event that a landlord fails to commence or complete a repair as required, in addition to the Abatement rights contained in UORRA, the tenant shall have the right to arrange for necessary repairs to their rental property as follows:
(1) The tenant may arrange for the repair to be completed by a licensed, insured professional.
(2) The tenant shall inform the landlord in writing that they are invoking their right to a self-pursued timely repair.
(3) The tenant is entitled to deduct the cost of the repair from their rent payment and/or the tenant may elect to receive reimbursement from the landlord.
(4) The tenant shall provide the landlord with a copy of the repair invoice and a written notice of the reimbursement, including the amount and date the reimbursement will be deducted from the rent.
(5) If the repair cost exceeds one month's rent, the tenant may spread the deduction of rent for reimbursement over multiple rent payments until the full amount is recovered.
(6) The tenant's right to repair and reimburse shall not be considered a breach of the lease, and the landlord may not retaliate against the tenant for exercising this right.
§ 14-28-9 CREDIT REPORTING.
(A) If a landlord chooses to report missed or late rental payments to a credit reporting agency or bureau, they must also report on-time rental payments. Nothing in this section requires a landlord to report rental payments to a credit reporting agency or bureau.
(1) Landlords who report rental payment history to a credit reporting agency or bureau recognized by the Consumer Financial Protection Bureau (CFPB) must include both timely and late payments. Reporting must occur at least three times annually.
(2) Prior to reporting rental payment history, the landlord shall provide the tenant a written copy of the information that will be reported. The landlord shall allow the tenant reasonable time to review, respond, and correct the information before the landlord submits the report.
(3) Landlords must inform tenants in writing before entering into a lease agreement if they report rent payments to a credit reporting agency and disclose the names of all agencies and/or bureaus used.
(4) If a tenant disputes the accuracy of reported information, the landlord shall cooperate with the tenant and the credit reporting agency/bureau to correct any inaccuracies within 30 days of receiving notice of the dispute.
§ 14-28-10 MOVE-IN & MOVE-OUT PROCEDURES.
(A) Move-in procedures must include the following, at a minimum:
(1) Prior to or at the time of move-in, the landlord shall provide the tenant with a written move-in inspection form detailing the condition of the rental unit. Both the landlord and tenant must complete and sign this form to document any existing damages or issues.
(2) The landlord shall disclose any known issues or defects in the rental unit that may affect habitability.
(3) The landlord shall provide a copy of the signed move-in inspection form to the tenant and retain a copy for their records.
(4) The landlord shall confirm the agreed-upon move-in date and time in writing, and ensure that the rental unit is clean, habitable, and ready for occupancy on that date.
(B) Move-out procedures must include the following, at a minimum:
(1) Prior to or at the time of move-out, the landlord shall conduct a move-out inspection with the tenant that shall be documented on a move-out inspection form. This inspection will compare the current condition of the rental unit to the move-in inspection form to identify any new damages or issues.
(2) Documentation that the tenant has returned all keys, access cards, and other property to the landlord and removed all personal belongings from the rental unit on or before the move-out date shall be included in the written move-out inspection form.
(3) The return or disposition of the security deposit shall be completed in accordance with the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq.
§ 14-28-11 RELOCATION ASSISTANCE.
(A) If there is a material noncompliance with the lease agreement by the landlord including but not limited to: failing to maintain the property in a habitable condition pursuant to the City of Albuquerque Uniform Housing Code, ROA 1994, §§ 14-3-1-1 et seq., unlawfully terminating the lease agreement, or otherwise engaging in conduct that forces the tenant to vacate during the lease term, the landlord may be required provide relocation assistance to the affected tenant.
(B) Average relocation costs shall be calculated by the City. The City shall publish and update a schedule of average relocation costs annually based on market data for Albuquerque, including fair market rent standards and average moving service rates The amount shall reflect the reasonable cost of temporary housing and moving expenses for displaced residents. The relocation funds shall be administered by the City, which shall oversee the collection and disbursement of funds directly to the affected tenant.
(C) If a tenant seeks relocation assistance, they must submit a request to the City within 10 business days of receiving notice that they must vacate. Within seven (7) business days, the City shall review the request to determine if relocation assistance is due to the tenant per subsection (A). A landlord may also request review and assistance from the City.
(D) The City shall issue a written notice to the both parties with findings. Either the landlord or an aeffected tenant may appeal the City’s relocation determination.
(1) If the City determines that no relocation assistance is required, the
tenant shall have fifteen (15) business days to appeal the City’s determination to the Independent Hearing Office.
(2) If the City determines that the relocation assistance is required, the
funds shall be paid by the landlord to the City within seven (7) business days. The landlord shall also have fifteen (15) business days to appeal the City’s determination to the Independent Hearing Office.
(E) In the event that an appeal is filed, disbursement of any funds collected from the landlord shall not occur until the appeal is resolved. The appeal hearings provided for in this section shall be conducted by the Independent Hearing Officer in accordance with the provisions in the IHO Ordinance, ROA 1994, Chapter 2, Article 7, Part 8.
(F) Failure by the landlord to remit payment within the time required shall result in the City placing a lien on the property for the full amount, including administrative costs and interest.
§ 14-28-12 EVICTIONS.
(A) A landlord may only evict a tenant for the reasons set forth in the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq.
§ 14-28-13 RETALIATION PROHIBITED.
(A) Pursuant to the Uniform Owner-Resident Relations Act, NMSA 1978, §§ 47-8-1 et seq. a landlord is prohibited from retaliating against a tenant.
§ 14-28-14 REGISTRATION OF RESIDENTIAL RENTAL PROPERTIES.
(A) Landlords shall register each of their residential rental properties and dwelling units with the City of Albuquerque within 60 days of the effective date of this ordinance and then within 30 days of acquisition of rental properties thereafter. The City shall provide fillable templates and/or a registration website for landlords to easily transmit their registry data. Registration shall be updated on an annual basis.
(1) The registration for each residential rental property shall include, at a minimum:
(a) Owner and Management Information, to include:
(i) The landlord's full name and contact information; and, if applicable,
(ii) The property manager’s full name and contact information.
(b) Dwelling Unit Information, to include:
(i) The address of the rental property and unit numbers, if applicable; and
(ii) The number of rental units on the property;
(iii) The size of the unit, including square footage, number of bedrooms, and number of bathrooms;
(iv) The number of months in the last calendar year that the unit was vacant and/or occupied by tenant(s);
(v) Rental rate(s) for the previous 12-months;
(vi) Security deposit amount(s) for the previous 12-months;
(vii) A statement on which, if any, utilities are included in the rent.
(B) This registration requirement shall not apply to short-term/vacation rentals of 29 days or less, hotels/motels, campgrounds, and bed & breakfasts.
(C) The City shall investigate any complaints or notifications about unregistered residential rental properties. Upon verification that a unit is unregistered, the City shall issue a letter of compliance to the property owner. If three letters of noncompliance are issued and the violation is not remedied, the property owner shall be assessed a fine of $100 per week until the unit is brought into compliance. If the unit is not brought into complinance after 6 months from the date of the last letter of compliance, it shall be unlawful to operate the unit as a rental property and the owner shall be subject to the Penalty provisions of this RENT Ordinance.
§14-28-15 RESOURCES AVAILABLE TO TENANTS AND LANDLORDS.
The City shall make available staff from the Office of Consumer Protection and the Planning Department’s Code Enforcement Division to act as resources to persons seeking to implement and/or understand the provisions of this RENT Ordinance.
§14-28-16 PENALTY.
(A) Any person who violates any provision of this ordinance is subject to the general penalty provision of this code as set forth in ROA 1994, Section 1-1-99.
(B) Nothing herein shall limit the City Attorney’s ability to take legal action in court for any suspected violations of this ordinance and to pursue any available legal or equitable remedies.
SECTION 2. SEVERABILITY. If any section, paragraph, sentence, clause, word or phrase of this Ordinance is for any reason held to be invalid or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions of this Ordinance. The Council hereby declares that it would have passed this Ordinance and each section, paragraph, sentence, clause, word or phrase thereof irrespective of any provision being declared unconstitutional or otherwise invalid.
SECTION 3. COMPILATION. SECTION 1 of this Ordinance is to be compiled as a new Article 28 in Chapter 14 of the Revised Ordinances of Albuquerque, New Mexico, 1994, titled “The RENT Ordinance.”
SECTION 4. EFFECTIVE DATE. This Ordinance shall take effect January 1, 2026 after publication by title and general summary.