Albuquerque City Council strikes down proposed renters' rights ordinance

More than a third of Albuquerque’s population rents, according to the U.S. Census Bureau, but during a Wednesday City Council meeting, an effort to protect renters' rights was narrowly voted down.

“It’s frustrating, it’s disheartening,” said Jake Hamm, a renter who showed up in support of the ordinance Wednesday night. “It feels like it's hard to have the people that we elected be on our side.”

The ordinance, proposed by Councilor Nichole Rogers, sought to codify a state law that was passed during last year’s legislative session, but is not being enforced in Albuquerque.

That law put a $50 cap on application fees and made landlords disclose the full cost of miscellaneous fees before a tenant signs a lease. If a landlord breaks such rules, they can face recurring fines ranging from $250 to $500.

However, Rogers said no one is enforcing that law, leaving renters who thought they were getting relief out in the cold.

The measure failed on a 5-4 vote after tense discussion among councilors, renters and landlords during public comment.

The crux of the issue was a disagreement among councilors over who should be responsible for enforcing the law.

Councilors Dan Lewis, Dan Champine and Brook Bassan called the proposed local law duplicative and said that the state should be responsible for enforcement.

“We don't have the resources to be able to assist something that the state department should be handling,” Bassan said.

Council President Klarissa Peña joined with those councilors to strike down the proposed law, saying "we aren't ready for primetime yet."

Councilor Renée Grout also voted no on the bill, although she offered no explanation.

Despite councilors' concerns, Chief Administrative Officer Samantha Sengel said Code Enforcement was capable of enforcing such an ordinance.

Meanwhile, Councilor Stephanie Telles argued that the proposed ordinance was the most efficient way to enforce the law, rather than asking the New Mexico Attorney General's Office to create an enforcement mechanism that already exists within the city.

“This isn't duplicative and it's very common practice when it comes to procedural governance,” Telles said. “... And I say that as an actual government accountability expert who worked at the State Auditor's Office for four years.”

Though many renters went home unhappy after the failed vote, landlords who opposed the bill were relieved.

Landlords and property managers who spoke during public comment feared doubled fines if the law was passed and said the law assumed guilt.

“I could face investigation, require mediation and potential penalties based solely on an unverified claim,” said Josh Price, a property manager for Maddox Management.

Price also said that the bill already had its intended impact and prompted most landlords to get into compliance.

“The vast majority of rental property owners work hard to comply with laws and treat tenants fairly,” Price said. “The company that I work for, we changed all of our practices and policies back in the beginning of June as soon as (the law) was in place. We changed the fees. We changed in closing. I'm asking council to trust that (Senate Bill) 267 is working and to give it time to prove itself.”

In sharp contrast, as a renter, Hamm said that the problem runs much deeper than a handful of bad actors.

There is a “massive power imbalance” between tenants and landlords, Hamm said, and without the local law, there is no guarantee that owners will hold themselves accountable.

After the failed vote, Rogers said that the legislative body had failed to protect its low-income citizens.

“We had a clear opportunity to bring our city code in line with state law and offer common-sense relief to families struggling with the cost of housing,” Rogers said in a statement after the meeting. “By voting this down, the Council has effectively said that transparency in rental fees and protection from junk charges are not a priority for our city.”

Gillian Barkhurst is the local government reporter for the Journal. She can be reached at gbarkhurst@abqjournal.com or on Twitter @G_Barkhurst.