Albuquerque’s Cooling Ordinance: A Good Start That Needs Strengthening

On August 1st, Mayor Tim Keller will participate in “Hotter Days, Smarter Ways: Innovative Strategies for Heat Resilience” at the Mayors’ Innovation Project 2025 conference. As mayors from across the country gather to discuss critical issues like heat and homelessness, I hope our mayor will share both Albuquerque’s successes—tree planting initiatives and new shade structures—and our ongoing challenges with implementing meaningful renter protections.

Last December, the Albuquerque City Council passed a landmark ordinance (O-59) requiring landlords to provide cooling systems in all rental properties. It was a historic moment—the first time our city acknowledged that staying cool isn’t a luxury but a matter of life and death. City Councilor Tammy Fiebelkorn, who sponsored the measure, deserves immense credit for listening to her constituents and championing this critical issue. Heat is the leading weather-related killer in the United States, and New Mexico is the fourth fastest warming state in the continental U.S.

However, as we experience our first summer with ordinance O-59 in place and temperatures soar into triple digits, implementation gaps are becoming dangerously apparent. While the Council took an important first step, two critical weaknesses are undermining the ordinance’s effectiveness.

First, the absence of a clear temperature threshold leaves both tenants and landlords in uncertainty. Councilor Fiebelkorn had originally proposed an 80-degree maximum for indoor temperatures—a threshold supported by evidence and successfully implemented in other cities. This specific threshold was removed during final negotiations, creating enforcement ambiguity that serves no one well.

Second, the enforcement timeline has proven inadequate for addressing urgent health and safety situations. The recent case at The Retreat at Candelaria starkly illustrates this challenge. When the complex’s cooling system failed in mid-June, tenants endured weeks without air conditioning during triple-digit heat, with indoor temperatures reaching 91 degrees in some units. For nearly a month, management offered only vague promises about “seeking vendor quotes” while families with young children and elderly residents suffered in dangerous conditions—some literally sleeping outside because indoor conditions were unbearable.

It wasn’t until July 9th—nearly a month after the initial failure—that city inspectors finally visited the property. Within hours of their arrival, they determined conditions were “substandard” and violated city code. Building management was given until August 7th to fix the air conditioning, leaving residents to swelter in dangerous conditions for over two months! This timeline raises an important life-safety question: how can we better coordinate our response systems to protect residents when cooling failures occur during sweltering summer months?

Mayor Keller has called cooling a “basic necessity,” and Councilor Fiebelkorn has described it as a “human right.” I agree with both characterizations. Our challenge now is ensuring our implementation matches our values and our residents’ urgent needs.

We have a real opportunity to strengthen this ordinance and build genuine resilience in our warming state. What better time than now to recommit to Albuquerque residents that basic human necessities will be protected through clear standards and responsive enforcement?

The path forward requires two concrete steps: First, the City Council should reinstate the 80-degree threshold so both landlords and tenants understand exactly what compliance means. Second, the mayor’s office should prioritize developing rapid-response protocols for cooling system failures during extreme heat events.

Albuquerque took a courageous first step with O-59. Now we must take the next steps to make it work effectively for the people who need it most. Our most vulnerable residents are counting on us to get this right.