Cooling Ordinance Altered in Final Vote, Weakening Protections for Albuquerque Renters

Albuquerque, NM – Today, City Councilors Stephanie Telles and Tammy Fiebelkorn expressed deep concern following the passage of O-26-22, after a late-session amendment fundamentally altered the intent of the bill. They were joined by City Councilors Nichole Rogers and Joaquín Baca in highlighting how the changes undermine the safety of Albuquerque residents.

The original ordinance was designed to provide clear, measurable standards for indoor cooling to ensure homes remain habitable during dangerous heat levels. However, the final amendment replaced this temperature-based safety standard with a fixed “cooling period” from May 1 through September 30, limiting when landlords are required to act, regardless of actual weather conditions.

“The original ordinance was straightforward: ensure that when temperatures become dangerous, homes remain safe,” said City Councilor Stephanie Telles. “It provided clear, measurable standards—exactly the kind of guardrails both tenants and landlords have said they want.”

Councilor Telles noted that concerns raised regarding costs and operations were already addressed in the original bill, which:

• Did not require refrigerated air;
• Allowed for multiple cooling system types;
• Did not mandate costly system replacements; and
• Focused solely on ensuring existing systems functioned properly.

“Those concerns were not rooted in the actual language of the bill,” Telles added. “They reflect broader business decisions about operations and planning, not requirements imposed by this ordinance.”

City Councilor Nichole L. Rogers, who represents District 6, voted against the final version of the bill due to these new restrictions.

“I voted no on the final version of this ordinance because the late amendment limits when Code Enforcement can act,” said Councilor Rogers. “By restricting enforcement to May through September, we removed the ability to respond when dangerous heat occurs outside those months. My vote reflects a commitment to clear, enforceable standards that protect residents whenever temperatures become unsafe—not just during a fixed window.”

City Councilor Joaquín Baca, representing District 2, echoed the need for climate-agile policies that protect vulnerable populations in the City’s core.

“We have to deal with the reality of our environment, and that reality doesn’t always fit into a five-month window on a calendar,” said Councilor Baca. “By shifting to a calendar-based system, we are leaving renters vulnerable during unseasonably warm weeks in April or October. Our residents deserve the security of knowing their homes will be habitable whenever the heat reaches dangerous levels.”

City Councilor Tammy Fiebelkorn attempted to withdraw the bill following the amendment, but that motion was unsuccessful.

“This change moves us away from a safety-based standard and toward a calendar-based one,” said Councilor Fiebelkorn. “Climate change is ensuring that extreme heat doesn’t follow a calendar, and our policies shouldn’t either. The result is a policy that creates confusion, limits protections, and exposes both tenants and property owners to greater risk.”

Under the New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, §47-8-20), landlords are required to maintain habitable conditions. Tenants whose homes become unsafe may have legal options, including contacting Code Enforcement and seeking remedies through the courts.

“Our priority remains the same: protecting the health and safety of our residents,” concluded Councilors Telles and Fiebelkorn. “We will continue working to ensure our policies reflect that responsibility.”

For more information, residents are encouraged to contact 311 or seek legal assistance regarding tenant rights.