CABQ O-26-24 Ordinance and Applicable Code Sections
On June 17, 2026, the Albuquerque Mayor signed O-26-24, the Rental Habitability Enforcement Ordinance. This new ordinance establishes additional enforcement mechanisms, fines, and relocation obligations for certain habitability violations in rental housing within the city limits of Albuquerque. Enforcement will start on June 28th, 2026.
While AANM expressed concerns about several provisions of this ordinance, it is important that all housing providers understand the new requirements and prepare accordingly.
To view the ordinance in its entirety, CLICK HERE
To view the Uniform Housing Code sections that pertain to this bill (SEE BELOW)
Who is Covered?
The ordinance applies to residential rental properties located within the city limits of Albuquerque. It does not apply to owner-occupied properties, short-term rentals, hotels, or other transient lodging.
Tenant Notice Requirement
Before contacting the City regarding a habitability issue covered by the ordinance, residents must provide notice to the property's Responsible Party (owner, management company, or designated agent).
Tier 1 Habitability Violations
Upon receipt of a qualifying habitability violation from the City:
• The Responsible Party has seventy-two (72) hours to abate the condition.
• If repairs cannot reasonably be completed within 72 hours, the Responsible Party may request an extension through the City's remediation process.
Tier 2 Habitability Violations
A property owner or Responsible Party automatically enters Tier 2 status upon receiving three (3) habitability violations within a twelve-month period.
Under Tier 2:
• A $500 fine is automatically assessed for the third violation and every violation thereafter during the rolling twelve-month period.
• The Responsible Party still has seventy-two (72) hours to abate the condition and the ability to request an extension.
• Additional violations may be issued daily for unabated conditions unless an approved extension is in place.
Extension Requests
If a repair cannot reasonably be completed within 72 hours, the Responsible Party must submit a written remediation plan to the Planning Department that includes some of the following:
• A reasonable timeline for completion
• Description of necessary repairs or improvements
• Active permit information, if applicable
• Project milestones
• Anticipated occupancy date
Approval of extension requests is at the discretion of the Planning Department.
If an approved remediation timeline is missed:
• A $500 civil penalty may be imposed.
• An additional $500 per day fine may be assessed until the violation is corrected.
Relocation Requirements
This requirement applies when the condition is within the Responsible Party's control, the Responsible Party knew or should have known of the condition, and if remediation is expected to take longer than seven (7) days:
• The Responsible Party must pay relocation costs for affected residents.
• Government notice of the condition serves as proof that the Responsible Party knew of the issue.
Important timelines include:
• Relocation assistance must be provided within seven (7) days of receipt of the habitability violation.
• If relocation is not provided within seven days, the City may arrange relocation.
• The Responsible Party must reimburse the City within thirty (30) days of the original violation notice.
The ordinance authorizes the City to place liens against the subject property or may subsequently place liens on other assets owned by the subject property’s owner for unpaid relocation costs.
Notice and Appeal Rights
When fines are assessed, the City must provide notice to the owner or Responsible Party and the occupant.
Fines must be paid within thirty (30) days of the order unless successfully appealed. Failure to pay may result in liens and collection actions by the City.
Property owners and Responsible Parties have the right to appeal fines through the City's Independent Office of Hearings process.
Advice from AANM:
- Review current maintenance response procedures to ensure habitability complaints are documented and addressed immediately.
- Verify that ownership and management contact information is current with county records and internal systems.
- Establish protocols for documenting resident complaints, inspections, repair efforts, and contractor scheduling.
- Develop internal procedures for extension requests and remediation plans when repairs require permits, specialty contractors, or extended construction timelines.
- Review insurance policies and risk management practices relating to temporary resident relocation obligations.
SECTIONS OF THE UNIFORM HOUSING CODE INCLUDED IN THIS ORDINANCE
14-3-2-1 ROOM DIMENSIONS.
(A) Ceiling Heights.
(1) Habitable space shall have a ceiling height of not less than 7 feet 6 inches except as otherwise permitted in §§ 14-3-2-1 et seq. Kitchens, halls, bathrooms and toilet compartments shall have a ceiling height of not less than 7 feet measured to the lowest part of the ceiling. Where exposed beam ceiling members are spaced at less than 48 inches on center, ceiling height shall be measured to the bottom of these members. Where exposed beam ceiling members are spaced at 48 inches on center, ceiling height shall be measured to the bottom of the deck supported by these members, provided that the bottom of the members is not less than 7 feet above the floor.
(2) If any room in the building has a sloping ceiling, the prescribed ceiling height for the room is required in only one-half the area thereof. No portion of the room measuring less than 5 feet from the finished floor to the finished ceiling shall be included in any computation of the minimum area thereof.
(3) If any room has a furred ceiling, the prescribed ceiling height is required in two-thirds the area thereof, but in no case shall the height of the furred ceiling be less than 7 feet.
(B) Floor Space.
(1) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area.
(2) In every dwelling unit of two or more rooms, every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floor space, and every room occupied for sleeping purposes by more than one occupant shall contain at least 45 square feet of floor space for each occupant thereof.
(C) Width.
(1) No habitable room other than a kitchen shall be less than 7 feet in any dimension.
(2) Each toilet compartment stool shall be located in a clear space not less than 30 inches in width and clear space in front of the toilet compartment stool of not less than 24 inches shall be provided.
(D) Exception. Nothing in §§ 14-3-2-1 et seq. shall prohibit the use of an efficiency living unit within a multi-family dwelling meeting the following requirements:
(1) The unit shall have a living room of not less than 220 square feet of superficial floor area. An additional 100 square feet of superficial floor area shall be provided for each occupant of such unit in excess of two occupants.
(2) The unit shall be provided with a separate closet.
(3) The unit shall be provided with a kitchen sink, cooking appliance and refrigeration facilities, each having a clear working space of not less than 30 inches in front. Light and ventilation conforming to this code shall be provided.
(4) The unit shall be provided with separate bathroom containing a toilet compartment, lavatory and bathtub or shower.
('74 Code, § 7-24-5A) (Ord. 34- 1986; Am. Ord. 2018-025)
§ 14-3-2-2 LIGHT AND VENTILATION.
(A) Natural Light and Ventilation.
(1) All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural light by means of exterior glazed openings with an area not less than one tenth of the floor area of such rooms with a minimum of 10 square feet. All bathrooms, toilet compartment, laundry rooms and similar rooms shall be provided with natural ventilation by means of openable exterior openings with an area not less than 1/20 of the floor area of such rooms with a minimum of 1½ square feet.
(2) All guest rooms, dormitories and habitable rooms within a dwelling unit shall be provided with natural ventilation by means of openable exterior openings with an area of not less than 1/20 of the floor area of such rooms with a minimum of 5 square feet.
(B) Origin of Light and Ventilation.
(1) Required exterior openings for natural light and ventilation shall open directly onto a street, public alley, a yard or a courtyard located on the same lot as the building.
(2) Exception.
(a) Required windows may open into a roofed porch where the porch:
1. Abuts a street, public alley, a yard, or a courtyard;
2. Has a ceiling height of not less than 7 feet; and
3. Has the longer side at least 65 percent open and unobstructed.
(3) For the purpose of determining light and ventilation requirements, any room may be considered as a portion of an adjoining room when one half of the area of the common wall is open and unobstructed and provides an opening of not less than one tenth of the floor area of the interior room or 25 square feet, whichever is greater.
(C) Mechanical Ventilation. In lieu of required exterior openings for natural ventilation, a mechanical ventilation system may be provided in all guest rooms, dormitories, habitable rooms and public corridors. In bathrooms, toilet compartments, laundry rooms and similar rooms a mechanical ventilation system connected directly to the outside shall be provided.
('74 Code, § 7-24-5B) (Ord. 34- 1986; Am. Ord. 2018-025
(A) Dwelling Units. Every dwelling unit shall be provided with a bathroom equipped with facilities consisting of a toilet compartment, lavatory and either a bathtub or shower.
(B) Kitchen. Each dwelling unit shall be provided with a kitchen. Every kitchen shall be provided with a kitchen sink. Wooden sinks or sinks of similarly absorbent material shall not be permitted.
(C) Fixtures.
(1) All plumbing fixtures shall be connected to a sanitary sewer or to an approved private sewage disposal system. All plumbing fixtures shall be connected to an approved system of water supply and provided with hot and cold running water necessary for its normal operation.
(2) All plumbing fixtures shall be of an approved glazed earthenware type or of a similarly nonabsorbent material.
(D) Toilet Compartment. A toilet compartment in a dwelling shall be finished with approved nonabsorbent materials. Bathroom floor surfaces shall be maintained so as to be reasonably impervious to water.
(E) Bathroom or Shower Accessories. All accessories such as grab bars, towel bars, paper dispensers and soap dishes and the like, provided on or within walls, shall be installed and sealed to protect structural elements from moisture.
(F) Showers. Showers in all occupancies shall be finished to a height of not less than 70 inches above the drain inlet. Materials other than structural elements used in such walls shall be of a type which is not adversely affected by moisture.
(G) Room Separations. Every toilet compartment, bathtub or shower required by this code shall be installed in a room which will afford privacy to the occupant. A room in which a toilet compartment is located shall be separated from food preparation or storage rooms by a tight fitting door.
(H) Installation and Maintenance. All sanitary facilities shall be installed and maintained in a safe and sanitary condition and in accordance with all applicable laws.
('74 Code, § 7-24-5C) (Ord. 34- 1986; Am. Ord. 2018-025)
§ 14-3-3-1 STRUCTURAL REQUIREMENTS.
(A) General. Buildings or structures may be of any type of construction permitted by the Building Code. Roofs, floors, walls, foundations and all other structural components of buildings shall be capable of resisting any and all forces and loads to which they may be subjected. All structural elements shall be proportioned and joined in accordance with the stress limitations and design criteria as specified in the appropriate sections of the Building Code. Buildings of every permitted type of construction shall comply with the applicable requirements of the Building Code as determined by the Chief Building Official.
(B) Shelter. Every building shall be weather protected so as to provide shelter for the occupants against the elements and to exclude dampness.
(C) Protection of Materials. All wood shall be protected against termite damage and decay as provided in the Building Code.
('74 Code, § 7-24-6) (Ord. 34- 1986; Am. Ord. 2018-025
§ 14-3-3-2 MECHANICAL REQUIREMENTS.
(A) Heating, Cooling, and Ventilation.
(1) Heating and Cooling.
(a) Every dwelling unit and guest room shall be provided with heating facilities capable of maintaining a room temperature of 68° F. at a point of three feet above the floor in all habitable rooms. Such facilities shall be installed and maintained in a safe condition and in accordance with the City’s currently adopted New Mexico Mechanical Code as adopted in the UAC.
(b) Unvented fuel-burning heaters shall not be permitted. All heating devices or appliances shall be of an approved type. Ovens, stoves or ranges, or other cooking appliances shall not be used for the purpose of heating any portion of a dwelling. Approved portable space heaters may only be used as the sole source of heating on a temporary basis when the permanent heating system is being repaired or replaced.
(c) Every dwelling unit shall be provided with cooling facilities.
(i) Acceptable cooling facilities are fixtures that are permanently attached to the unit, including but not limited to: evaporative (“swamp”) coolers, central air conditioning, heat pumps, radiant cooling, window units, and mini-splits.
(ii) Non-acceptable cooling facilities are temporary and/or portable devices such as fans, mobile evaporative coolers, and portable air conditioners, circulating devices such as ceiling fans, and ventilation systems and when used as the sole source of cooling for a unit, do not satisfy the requirements of this Section. These types of cooling facilities may only be used as a sole source of cooling on a temporary basis when the permanent acceptable cooling facility is being repaired or replaced.
(2) Electrical Equipment.
(a) All electrical equipment, wiring and appliances shall be installed and maintained in a safe manner in accordance with all applicable laws. All electrical equipment shall be of an approved type.
(b) Every habitable room shall contain at least two supplied electric convenience outlets or one such convenience outlet and one supplied electric light fixture. Every toilet compartment, bathroom, laundry room, furnace room and public hallway shall contain at least one supplied electric light fixture.
(3) Ventilation. Ventilation for rooms and areas and for fuel-burning appliances shall be provided as required in the Mechanical Code and in this code. Where mechanical ventilation is provided in lieu of the natural ventilation required by § 14-3-2-2(C), such mechanical ventilating system shall be maintained in operation during the occupancy of any building or portion thereof.
('74 Code, § 7-24-7) (Ord. 34-1986; Am. Ord. 2018-025; Am. Ord. 2024-047)
(A) Every dwelling unit or guest room shall have access directly to the outside or to a public corridor.
(B) Every sleeping room below the fourth story shall have at least one operable window or exterior door approved for emergency escape or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools.
(C) All escape or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor.
('74 Code, § 7-24-8) (Ord. 34- 1986; Am. Ord. 2018-025)