Albuquerque renters will not receive local protection from excessive fees after the City Council rejected an ordinance Wednesday that would have enforced the state’s Senate Bill 267 in limbo.
The 5-4 vote leaves the law, which caps application fees at $50 and limits late fees to 5% of rent, unenforced at the local level. Since the attorney general’s office referred complaints back to the city for enforcement, code enforcement cannot act without a local ordinance, leaving nearly half of Albuquerque households with rights on paper but no clear way to enforce them.
The defeated measure, sponsored by District 6 City Councilor Nichole Rogers, would have banned “pay-to-pay” charges by requiring landlords to offer at least one fee-free payment option. Violators would have faced fines up to $500.
Rogers said she is “profoundly disappointed,” adding that the vote effectively said “that transparency in rental fees and protection from junk charges are not a priority for our city.”
Photo by Roberto E. Rosales/City Desk Abq
Council cites resource concerns
Councilors who opposed the measure said the state should enforce its own law instead of creating a duplicate city process.
Councilor Brook Bassan said, “We don’t have the resources to be able to assist something that the state department should be handling.”
Council President Klarissa Peña and councilors Dan Lewis, Dan Champine, Bassan and Renée Grout voted against the ordinance.
The Greater Albuquerque Association of Realtors also opposed the measure, arguing it created complex compliance issues and duplicated state efforts.
Ian Robertson, director of development for Titan Development, said the council is trying to basically duplicate efforts at the state level, which creates complex compliance issues.
Late Thursday afternoon, Councilors Stephanie Telles, Joaquín Baca, Rogers and Tammy Fiebelkorn announced that they “are committed to continuing their work to bring Fair Rental Practices to Albuquerque and will continue to work with community to make this a reality.”
“The Council’s failure to pass the “Rental Practices Ordinance” was a complete betrayal to Albuquerque families and workers,” Telles said in a statement. “We heard every excuse last night, from requests to delay the vote to questions about having the state takeover enforcement, but in the end, they were all excuses. The reality is that Albuquerque families and workers can’t get by on excuses. They are dealing with predatory practices and need transparency in rental fees and protection from junk charges. This is not over, and I am committed to continuing to fight for Fair Rental Practices for every Burqueño across our city.”
(Jesse Jones) Credit: Jesse Jones
Fees push families toward homelessness
Nearly half of Albuquerque households rent their homes, and SB 267, which took effect in July, still lacks a clear enforcement mechanism. Renters at a press conference hosted by OLÉ New Mexico shared stories of paying excessive fees.
Carla Humphris, a local teacher, said she pays “two separate fees for trash, a common area maintenance fee, a service fee, a fee to pay my rent” on top of her base rent.
Mohammad Aljabouri said his family moves every year because fees keep rising at less safe properties. He has paid application fees of $300 and $400 at complexes that likely never had units available.
“Since October to now, I haven’t had hot water or heat in my apartment,” Aljabouri said. “There’s no recourse for us.”
In addition to capping application fees at $50, the state law limits late fees to 5% of rent and requires a 60-day notice before any fee increases.
For rental fee violations, contact NM Attorney General Consumer Protection at 505-717-3500.
Share this story and start a conversation
This is what happens when government gets too involved in business transactions. Government raises the costs of people in business and those people find other ways to compensate, in this case, maybe it’s raising fees. Bravo to the City Council for standing up to these government interventionists.