OPINION: Keller proposed policies would violate property and contract rights

Mayor Tim Keller requested sponsorship and promoted enactment of three controversial pieces of legislation that divided the City Council and the community. The legislation generated hostility and mistrust. The legislation would interfere with people’s property rights and contract rights, increase the number of sanctioned homeless encampments and destroy established neighbors by increasing density. On Aug. 13, the City Council Land Use, Planning and Zoning committee voted to kill all three measures. The full City Council should do the same.

The Renter’s Empowerment and Neighborhood Transparency (RENT) ordinance is government overreaching, interfering with real property rights and the right of contract with the ultimate goal being rent control. There is no need for the RENT ordinance. The Uniform Owner-Resident Relations Act enumerates the responsibilities, rights and remedies of both owners and tenants which are enforced by the Bernalillo County Metropolitan Court. The RENT ordinance constitutes an abusive interference with the operation and management of rental properties. Requiring more of property owners and landlords and less of tenants amounts to interference with property contract rights and obligations. One point of major contention is that renters should not be mandated by landlords to carry “renters insurance” and not be subject to extensive background and credit checks. These requirements are reasonable and necessary to manage rental properties and to protect the property owner and renters.

“Safe Outdoor Spaces” are organized, managed homeless encampments. Current zoning law allows two homeless encampments for upward of 50 people in all the nine City Council districts with regulations mandating hand-washing stations, toilets and showers, 6-foot fencing and require 24/7 security. Keller’s proposed legislation would relax or eliminate regulations to allow expansion of the Safe Outdoor Spaces program with the goal of increasing the number. Keller said the city needs to “scale up” by allowing smaller encampments. Keller wants as many as 100 smaller Safe Outdoor Spaces to accommodate 1,000 homeless. “Safe Outdoor Spaces” represent disaster for the city. “Safe Outdoor Spaces” will destroy neighborhoods, make the city a magnet for the homeless. They undercut the city’s efforts to manage the homeless through shelters and permanent housing and the integrated shelter system of five shelters.

R 25-167 is Keller’s proposed ordinance to create a voluntary rezoning process that would let property owners switch to higher-density zoning if they want to build more housing on their residential properties. The Planning Department would have very broad authority to increase density with adjoining property owners having no rights to object. It would allow duplexes, townhomes and small apartment buildings in single-family neighborhoods to increase density. Keller proclaims it will increase affordable housing. It will not. Keller has a “Field of Dreams” zoning philosophy of “if we rezone it, they will build it,” ignoring adjacent property owner rights, favoring developers and investors. Keller’s “opt-in” zoning is clearly “overkill” that will affect all quadrants of the city favoring developers and investors. It will destroy the character of established neighborhoods and lead to gentrification. It will be developers and investors on the prowl who will purchase existing homes for the development of duplexes, townhomes and small apartment buildings in single-family neighborhoods.

Voters must decide if Keller is acting in their best interests or simply promoting and doubling down on his failed policies. Voters will decide Nov. 4 if Keller is elected to a third term. It’s time we elect a new mayor for a new direction.