ALBUQUERQUE
TWENTY SEVENTH COUNCIL
COUNCIL BILL NO. O-26-24 ENACTMENT NO. ________________________
SPONSORED BY: Tammy Fiebelkorn, Nichole Rogers, Stephanie W. Telles, Joaquìn Baca
ORDINANCE
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Rental Unit Habitability Enforcement Ordinance (Fiebelkorn, Rogers, Telles, Baca)
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WHEREAS, Albuquerque is in a housing crisis and per the Housing Needs Assessment, is short 21,969 rental units; and
WHEREAS, in Albuquerque, 41% of rental developments with 5 or more units are considered Class C, which are the lowest quality buildings; and
WHEREAS, Class C properties are often relatively old and in need of maintenance and repairs. This is expected given that the average year built for properties was in the mid 1970s; and
WHEREAS, by addressing maintenance and repair needs quickly and thoroughly, the Class C housing stock can be improved upon and continue to contribute to the housing Albuquerque residents; and
WHEREAS, 52% of renters in Albuquerque are cost burdened, compared to 23% of homeowners; and
WHEREAS, in 2025 there were 34,805 code violations recorded by Code Enforcement; and
WHEREAS, of those 34,805 violations, only 2,111 were violations against the Uniform Housing Code, showing that a small percentage of the violations are affecting renters and that prioritizing these violations can make a positive impact on renters lives; and
WHEREAS, in 2025, there were 148 properties that received 3 or more Uniform Housing Code Violations, making up 40% of the total UHC violations in the year, showing a minority of bad actors compared to total properties in the City; and
WHEREAS, 8 of the owners that received 3 or more violations own 20 of the properties and represent 8% of all UHC violations.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. A new Article 28 under Chapter 14 of the Revised Ordinances of Albuquerque, 1994 is adopted as follows:
§ 14-28-1 SHORT TITLE. This Chapter 14, Article 28 shall be known and cited as the “Rental Habitability Enforcement Ordinance.”
§ 14-28-2 INTENT AND PURPOSES. The intent of this ordinance is to address violations of ROA 1994, § 14-3-2 Space and Occupancy Standards and § 14-3-3 General Requirements under the City’s Uniform Housing Code. This Ordinance applies to all residential rental units within the incorporated Albuquerque City limits.
§ 14-28-3 DEFINITIONS.
HABITABILITY VIOLATION. Any violation of conditions listed in the Uniform Housing Code, ROA 1994, § 14-3-2-1, § 14-3-2-2, § 14-3-2-3, § 14-3-3-1, § 14-3-3-2, and §14-3-3-3, that endangers life, limb, health, property, safety or public welfare of the occupants of a Rental Property.
RESPONSIBLE PARTY. The owner(s) of any building, unit or property subject to this ordinance, or the owner’s designee, or any other party responsible for such building, unit or property by way of management, agency or otherwise.
§ 14-28-4 ENFORCEMENT TIERS.
(A) Tier 1 Habitability Violation:
(1) Upon receipt of a Habitability Violation, the Responsible Party
shall have 24 hours to abate the condition.
(2) If abatement requires a longer period, an extension may be
granted pursuant to Section 14-28-6 herein.
(B) Tier 2 Habitability Violation:
(1) If a Responsible Party receives three Habitability Violations
within a 12-month period the Responsible Party will be automatically fined $500.00 for the third violation and every Habitability Violation thereafter for a 12-month period from the issuance of the most recent violation.
(2) The Responsible Party shall have 24 hours to abate the
condition upon receipt of notice from the City. Unabated habitability violations shall be issued daily, unless an extension is granted.
(3) If abatement requires a longer period, an extension may be
granted pursuant to Section 14-28-6 herein.
§ 14-28-5 EXCLUSIONS. The Rental Unit Habitability Ordinance does not apply to dwelling units that are only owner-occupied, short-term rentals, hotels or other transient lodging units.
§ 14-28-6 REMEDIATION EXTENSIONS.
(A) If the Habitability Violation requires a longer period than 24 hours for
abatement, the Responsible Party shall provide a written plan for how they will achieve compliance at the Rental Property. The written plan shall include, but is not limited to, a reasonable timeline, description of necessary improvements, active building permit numbers, milestones for completion, and anticipated occupancy date.
(1) If the Habitability Violation is not abated pursuant to the
extended timelines provided in § 14-28-6(A) of this section, a civil penalty of $500.00 shall be imposed upon the Rental Property’s Responsible Party. An extra $500.00 daily fine shall be imposed upon the Rental Property’s Responsible Party until the Habitability Violation is remediated.
§ 14-28-7 RELOCATION. If remediation requires a longer abatement period than 7 days, the Responsible Party of the Rental Property shall pay relocation costs for the residents of such Rental Property(ies). This requirement shall be applicable when any condition which is the basis for the order of remediation is within control of the Responsible Party and the Responsible Party knew or should have known of the existence of the conditions that violate applicable codes, statutes, ordinances or regulations prior to the order for abatement. Notice of such conditions by a governmental agency responsible for the enforcement of Rental Property or other appropriate code served on the Responsible Party shall be proof that the Responsible Party knew of the conditions.
(a) Payment of relocation costs shall be made by the owner to the Rental property tenant to facilitate relocation within 7 days after the Responsible Party’s receipt of a Habitability Violation.
(b) If the Responsible Party fails to relocate their tenant within 7 days, the City shall administer the relocation and the relocation costs shall be paid in full by the Responsible Party, to the City, within 30 days of the original receipt of the Habitability Violation, or the order of a lien may be placed upon the subject property or any asset owned by the subject property’s Responsible Party and that the City may seek remedies, including foreclosure, for any unpaid liens.
§ 14-28-8 IMMINENT HAZARD. If the Habitability Violation rises to the status of Imminent Hazard per § 11-1-1, the Mayor’s Designee will follow the abatement process identified therein.
§ 14-28-9 NOTICE OF VIOLATION.
(1) When the Mayor’s designee imposes a civil fine for violations of this article occurring on real property, the Mayor’s designee shall issue notice directed to the Owner and/or Responsible Party of the subject Rental Property and the occupant of the Rental Property, as shown on the record of the Bernalillo County Clerk and/or the Bernalillo County Assessor’s Office. The notice shall be presented in person to the Responsible Party, if accessible, or sent via certified mail, if the Responsible Party is absent, and must contain:
(a) The street address and a legal description of the subject
property;
(b) A statement that the Mayor’s designee has found the subject
property to be in violation of this article;
(c) A concise description of the conditions found to render the
subject property containing a Habitability Violation;
(d) The amount of the fine assessed;
(e) A statement that the fine must be paid in full within 30 days of
the date of the order or a lien will be placed upon the subject property or any asset owned by the subject property’s owner and that the City may seek remedies, including foreclosure, for any unpaid liens;
(f) Instructions for how the fine can be paid;
(g) A statement that payment plans or waivers may be available if
the person can demonstrate hardship, low income or indigent status; and
(h) Description of the Tiered System under § 14-28-4 for
Habitability Violations.
(i) Description of the appeal process.
(2) The failure of any such person to receive such notice shall not affect
the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(3) APPEAL. Any individual who has been assessed a civil fine issued
pursuant to this article may appeal that decision. The request for appeal and the hearing shall comply with the procedures outlined in the Independent Office of Hearing Ordinance, ROA 1994 §§ 2-7-8-1 to 2-7-8-9.
SECTION 2. HABITABILITY VIOLATION ANNUAL REPORT. Per SECTION 1 of this Ordinance, the Mayor, or the Mayor’s designee shall provide an annual report to the City Council at the first City Council meeting in January, via Executive Communication (EC), which shall include, but is not limited to:
(a) A list of all Tier 1 and Tier 2 Habitability Violations city-wide
throughout the previous calendar year.
(b) Revenue collected through the requirements of this Ordinance.
(c) A map showing all locations of the Habitability Violations.
SECTION 3. USE OF FEES AND REVENUE. Revenue derived from the Rental Unit Habitability Ordinance shall be accounted for separately within the General Fund (110) and shall be used solely for Rental Unit Habitability Ordinance enforcement and tenant assistance.
SECTION 4. 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 5. 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 “Rental Habitability Enforcement Ordinance.”
SECTION 6. EFFECTIVE DATE. This Ordinance takes effect five days after publication by title and general summary.