Council Defers Rental Practices Ordinance; Councilor Rogers Vows to Continue Push for Tenant Protections

ALBUQUERQUE, NM – At a press conference held today, District 6 City Councilor Nichole Rogers announced her intent to stay the course in passing a proposed city ordinance establishing tenant protections.  State Senator Heather Berghmans, co-sponsor of Senate Bill 267, and State Rep. Cristina Parajón attended and expressed support for the ordinance and tenant rights.

Councilor Rogers, the legislators, and Winter Torres, founder of New Mexico Eviction Prevention & Diversion (NMEPD) stood in response to the Albuquerque City Council’s deferral of proposed O-25-102, the “Rental Practices Ordinance.” The bill, if passed by Council, would adopt current state law provisions and ensure local enforcement of tenant rights.

“While I had hoped to deliver these necessary protections to Albuquerque renters at our last Council meeting, I am committed to getting this policy right,” said Councilor Nichole L. Rogers. “The Council has requested more time to deliberate, and I am willing to continue that dialogue to ensure my colleagues are comfortable with how we implement these state mandates locally. However, the issues facing our tenants—hidden fees, lack of transparency, and ‘pay-to-pay’ barriers—are not hitting ‘pause.’ We must move quickly to codify these rights to ensure fairness and stability in our local housing market.”

The ordinance seeks to adopt the provisions of New Mexico Senate Bill 267 (2025) sponsored by State Senators Heather Berghmans (Albuquerque) and Carrie Hamblen (Las Cruces). The Albuquerque city ordinance mirrors the state bill - including caps on screening fees and transparency requirements—while adding a specific municipal requirement for landlords to offer a fee-free method of rental payment.

"Housing is the foundation of stability for families across Albuquerque,” Sen. Heather Berghmans stated. “By mirroring and strengthening state tenant protections, this ordinance ensures renters are treated fairly and have clear, enforceable rights when navigating the housing market."

“In my years of work in finding solutions for our unhoused neighbors, the one thing they all experienced was eviction,” recalled New Mexico State Representative Cristina Parajón (Albuquerque). “But many weren’t evicted for back rent - many were saddled with undisclosed fees that they simply couldn’t pay. I thank Councilor Rogers for bringing this bill to the Albuquerque City Council for a vote.”  

The New Mexico Senate Bill 267 took effect July 1, 2025, but Albuquerque has no enforcement oversight until the Council adopts the provisions of the state law. New Mexico Eviction Prevention & Diversion has created a tenant survey to learn if the provisions of the state law have been reported, investigated, and enforced since enactment. Here is the link to the NMEPD survey. 

“The City of Albuquerque and its workforce would benefit from adopting the state law’s tenant protections,” said Winter L. Torres (NMEPD). “These provisions ensure that every household, is not overburdened with fees when obtaining the most basic human need - safe, affordable housing.”

 View the Press Conference video

Albuquerque Ordinance O-25-102 remains an active bill at Albuquerque City Council and retains its key goals:

• Local Enforcement: Empowering the City’s Planning and Legal Departments to enforce state-mandated tenant protections locally, providing a faster remedy than the court system.
• Cost Transparency: Mandating that all fees be disclosed upfront in rental listings.
• Reducing Barriers: Capping application fees at $50 and requiring a fee-free payment option to prevent tenants from being charged extra simply for paying their rent.

The measure is scheduled to appear on the City Council’s January 21, 2026 agenda for final consideration.