Albuquerque Landlord-Tenant Rules
Albuquerque adds local rules on top of New Mexico landlord-tenant law. Here is what is different, with the city code or agency page behind each rule.
| Rent stabilization | State law preempts it: no New Mexico political subdivision, including home-rule cities like Albuquerque, may enact rent control on privately owned property. Albuquerque also has no local just-cause ordinance. In January 2026 the Council rejected a 'Rental Practices Ordinance' (O-25-102), 4-5. It would have adopted SB 267 (2025) protections locally, such as a fee-free rent payment option and a $50 screening-fee cap, with city enforcement. A separately proposed RENT Ordinance (Renter's Empowerment and Neighborhood Transparency) was announced by the Mayor, but no passage was found. The preemption statute page (https://nmonesource.com/nmos/nmsa/en/item/4408/index.do) loaded, but its text is rendered by JavaScript. The cite follows the state file. RENT Ordinance announcement: https://www.cabq.gov/mayor/news/city-introduces-renters-bill-of-rights-to-protect-tenants. |
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| Habitability/code enforcement & complaint line | The Council passed the Rental Unit Habitability Enforcement Ordinance (O-26-24) with companion resolution R-26-20. Tier 1: a landlord has 72 hours after notice to fix a habitability violation. Tier 2: a landlord with 3 or more violations in 12 months is fined $500 automatically for the third and each later violation. Repairs that take longer than 72 hours need a written remediation plan approved by the Planning Department, and failing to follow it brings a $500 daily fine. If remediation runs past 7 days, the landlord must pay tenants' relocation costs. Otherwise the city may relocate them and put a lien on the property. R-26-20 directs Code Enforcement to put tenant health and safety complaints (heat, cooling, water, ventilation, blocked exits) ahead of other complaints. Separately, ordinance O-59 amended the Uniform Housing Code to require evaporative cooling or air conditioning in all residences. Complaints go to 311 (505-768-2000). Passed by the Council June 1, 2026 (6-3) and approved by the Mayor June 17, 2026; it takes effect five days after publication by title and summary (City Clerk publication notice dated June 24, 2026). Signed ordinance: https://www.cabq.gov/clerk/documents/o-2026-019.pdf. It does not apply to owner-occupied dwellings, short-term rentals, hotels or other transient lodging (https://www.cabq.gov/mayor/news/mayor-keller-signs-law-protecting-renters). Cooling ordinance: https://www.cabq.gov/mayor/news/more-protections-for-renters-in-albuquerque. |
| Source-of-income discrimination | The Albuquerque Human Rights Ordinance bars housing discrimination based on lawful, verifiable source of income, including housing choice vouchers and other public assistance (effective fall 2022). Examples: refusing to rent, refusing to complete voucher paperwork, charging voucher holders larger deposits, or adding requirements like renter's insurance only for voucher holders. Complaints go to the Office of Civil Rights: 505-768-3138 or 311, One Civic Plaza NW, Suite 4072. The ordinance's full list of protected classes was not extracted from the housing discrimination page (https://www.cabq.gov/office-of-equity-inclusion/about-office-of-equity-inclusion/civilrights/discrimination/housing-discrimination). |
| Manufactured home communities | The Manufactured Home Community Stability and Empowerment Ordinance (O-52) gives residents of manufactured home communities a chance to buy the land when the owner plans to sell, lease or transfer it. Code section, effective date, and notice procedures were not verified. Source: Ordinance O-52 |
Eviction cases in Albuquerque are heard in: Bernalillo County Metropolitan Court (civil landlord/tenant cases, $0-$10,000)
Eviction court, fees and help
Local agencies
- Office of Civil Rights (Office of Equity & Inclusion) — Enforces the Albuquerque Human Rights Ordinance, including fair housing and source of income. 505-768-3138.
- ABQ 311 Community Contact Center — Non-emergency city requests, including housing code complaints. 311 or 505-768-2000.
- New Mexico Legal Aid — Free civil legal help for eligible low-income tenants.
Frequently asked questions
What landlord-tenant rules does Albuquerque add on top of New Mexico law?
Rent stabilization: State law preempts it: no New Mexico political subdivision, including home-rule cities like Albuquerque, may enact rent control on privately owned property. Albuquerque also has no local just-cause ordinance. In January 2026 the Council rejected a 'Rental Practices Ordinance' (O-25-102), 4-5. It would have adopted SB 267 (2025) protections locally, such as a fee-free rent payment option and a $50 screening-fee cap, with city enforcement. A separately proposed RENT Ordinance (Renter's Empowerment and Neighborhood Transparency) was announced by the Mayor, but no passage was found.; Habitability/code enforcement & complaint line: The Council passed the Rental Unit Habitability Enforcement Ordinance (O-26-24) with companion resolution R-26-20. Tier 1: a landlord has 72 hours after notice to fix a habitability violation. Tier 2: a landlord with 3 or more violations in 12 months is fined $500 automatically for the third and each later violation. Repairs that take longer than 72 hours need a written remediation plan approved by the Planning Department, and failing to follow it brings a $500 daily fine. If remediation runs past 7 days, the landlord must pay tenants' relocation costs. Otherwise the city may relocate them and put a lien on the property. R-26-20 directs Code Enforcement to put tenant health and safety complaints (heat, cooling, water, ventilation, blocked exits) ahead of other complaints. Separately, ordinance O-59 amended the Uniform Housing Code to require evaporative cooling or air conditioning in all residences. Complaints go to 311 (505-768-2000).; Source-of-income discrimination: The Albuquerque Human Rights Ordinance bars housing discrimination based on lawful, verifiable source of income, including housing choice vouchers and other public assistance (effective fall 2022). Examples: refusing to rent, refusing to complete voucher paperwork, charging voucher holders larger deposits, or adding requirements like renter's insurance only for voucher holders. Complaints go to the Office of Civil Rights: 505-768-3138 or 311, One Civic Plaza NW, Suite 4072.; Manufactured home communities: The Manufactured Home Community Stability and Empowerment Ordinance (O-52) gives residents of manufactured home communities a chance to buy the land when the owner plans to sell, lease or transfer it.
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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.