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Downtown Vacant Premises Ordinance

In January of 2025, the City Council passed Ordinance O-24-61, the Downtown Vacant Premises Ordinance. This ordinance requires property owners to register vacant properties located within the Downtown Core, obtain a vacant building maintenance license, and maintain them in accordance with City regulations.

Beginning July 1, 2025, property owners in the Downtown Core with vacant buildings must register their properties with the City’s Code Enforcement Division and obtain a vacant building maintenance license. The property owner will renew their vacancy registration and vacant building maintenance license by June 30th of each year if they were vacant for at least nine months during the prior City fiscal year (July 1 through June 30). If a property owner plans to vacate the premises, they must register and obtain a vacant building maintenance license 15 days before vacating.

To register, the applicant must disclose all measures to be taken to ensure that the vacant premises will be kept weather-tight and secure from trespassers, safe for entry by police officers and firefighters in times of emergency, free from nuisance, and in good order.

This Ordinance defines a Vacant Premise as a building or property where no person lawfully lives or operates a legally licensed business on a permanent, non-transient basis. Or:

  • A building is deemed vacant if 30% or more of the ground floor Usable Floor Area (UFA) is unoccupied.
  • An empty parcel or lot is considered vacant.

Downtown Core Geographic Boundaries

An aerial view of Albuquerque’s Downtown Core with a yellow border that defines the boundaries from Ordinance O-24-61.

The Downtown Core area is bounded by 8th Street to the West, Copper Avenue to the North, Gold Avenue to the South, and 1st Street to the East. This includes all properties with a front lot line along Gold Avenue to the North and South.

Fee

The fee to register a vacant premise will be assessed by area and time, using the equation and table below. 

(Years Vacant)*(SQFT Base Cost)=Vacancy Registration Fee

Total Ground Floor Vacant Useable Floor Area SQFT Base Cost
< 1,000 sqft $1,000
1,001 - 5,000 sqft $2,000
5,001 - 10,000 sqft $3,000
10,001 - 15,000 sqft $4,000
> 15,001 sqft $5,000

The annual fee for a vacant building maintenance license is $200, plus a $14 technology fee.

Exemptions

Certain exemptions may apply, but must be determined by the City. Exemptions can include:

  • An active building permit that shows the premises are undergoing construction, rehabilitation, or renovation that is proceeding without unreasonable delays.
  • The premises are actively marketed for sale or lease.
  • The premises were purchased through a foreclosure action, and the statutory redemption period has not expired.

Resources

Ordinance O-24-61