Committee rejects bill that would require ABQ landlords to provide cooling

A City Council panel voted against a bill that would require landlords to provide cooling to tenants — though the legislation could come back.

The proposed ordinance was sent to the full council with a “do not pass” recommendation by the Finance and Government Operations Committee on a 3-2 vote Monday night.

The committee meets biweekly and is made up of five of the nine city councilors who are tasked with working on legislation with representatives from Mayor Tim Keller’s administration.

“It’s no secret it’s hot in Albuquerque in the summer, and cooling for renters is a basic necessity. City Council should give this bill a chance in full council and hear directly from residents about the issues that matter to them, not hide from the debate and kill this bill in committee,” Staci Drangmeister, a spokesperson for the mayor, said in a statement Tuesday.

While voted down Monday, the bill can be reintroduced and brought for a vote at a City Council meeting.

“I’m working with advocates to determine the best next steps toward protecting renters in our community,” Councilor Tammy Fiebelkorn told the Journal on Tuesday.

City code and state tenant rights do not say renters must have access to cooling, which is why Fiebelkorn introduced the bill. State law does require landlords to provide heating.

The proposed bill would require that every room in a rental unit to be kept at 80 degrees Fahrenheit or lower.

“We’re setting ourselves, in a sense, up for failure in that we’re requiring an 80 degrees or below, but an evaporative cooler is only good for a 10- to 15-degree difference,” Councilor Dan Champine said during Monday’s committee meeting.

Champine said he also believes there are homes in the city that don’t have the electrical capacity to have a swamp cooler updated or central air installed.

TLC Plumbing estimates installing central air in New Mexico costs anywhere from $7,000 to $18,000, and the cost tends to be higher when converting from a swamp cooler.

There was also concern expressed by Councilor Louie Sanchez, the committee chairman, that renters would have to foot the bill for upgrades made to units.

Fiebelkorn said the cost to provide cooling should be paid by landlords because it’s a basic right.

“We expect that there is heating in a house or any rental unit. ... All this is saying is there are some basic human rights that everyone shares, including running water, heating and cooling. You have to be able to be safe and healthy in the unit you are renting,” Fiebelkorn said.

Sanchez asked Fiebelkorn what other cities in New Mexico have a similar law. She responded she wasn’t sure but mentioned that the entire state of Arizona and the city of Dallas require cooling for all tenants.

In addition to Arizona and Dallas, Houston requires landlords to provide cooling to tenants, and New York City is working on a “sustainability plan” that would set a maximum indoor temperature by 2030.

“Totally different climates. OK,” Sanchez responded.

Both Dallas and Phoenix — Arizona’s largest city — had significantly more 100-degree days than Albuquerque in 2023, when the city hit 17, its highest number in over 40 years. However, New Mexico and Arizona are considered to be arid or semi-arid climates, according to New Mexico State University and Arizona State University.

Sanchez, Champine and Council President Dan Lewis voted against the bill. Fiebelkorn and Klarissa Peña voted for it.

The committee also heard an amendment by Councilor Renée Grout — who is not a member of the committee — that removed the 80-degree or lower requirement. Her amendment also eliminated the bill being specific to landlords, instead making cooling in some form a requirement for every dwelling.

The amendment passed on a 3-2 vote, with Sanchez, Champine and Lewis in favor and Peña and Fiebelkorn against.

While she said she appreciated the amendment, Fiebelkorn said it would have “unintended consequences.”

She said she believes the lack of specificity around the kind of cooling units required and the elimination of it being landlord-specific would hurt the tenants the bill aimed to help the most.