Albuquerque, NM Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Standard
- Safe and sanitary condition required
- Enforcement
- Code Enforcement inspector orders abatement
- Penalty
- $500 plus $100 per month
- Registration
- $25 fee once cited
- Citation
- ROA §§ 14-3-4-1, 14-3-5-11
Summary
Every occupied dwelling in Albuquerque must be kept safe and sanitary under the city's Uniform Housing Code, and owners who let a unit fall into disrepair face vacate orders and civil penalties.
No person shall occupy and no owner or operator of a dwelling or dwelling unit shall give consent to any person to occupy any dwelling, dwelling unit or structure that is not maintained in a safe and sanitary manner. Safe and sanitary means a condition free of visible dirt, debris, clutter, rubbish, trash, human or animal waste and free from other substances, contaminants, materials, or environmental conditions harmful to human health.
(B) Emergency abatement.
(1) Notwithstanding any other provision in this code if, in the opinion of the inspector, the conditions at a property constitute an imminent hazard, the inspector may order immediate abatement of the hazard without notice. Such abatement of an imminent hazard shall be limited to the minimum work necessary to remove the hazard, and may include disconnection of utilities, securing of the structures or emergency cleaning of the property to abate any violations found.
(2) The city shall pay the cost and expense of such abatement from any appropriation made available for that purpose.
(3) A lien shall be recorded with the Bernalillo County Clerk's Office for all the costs incurred by the city as a result of abating the property.
(4) Whenever the inspector finds that any structure contains an imminent hazard or health hazard, the inspector may declare such structure unfit for human occupancy and order it to be vacated or to
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-95: Current through Ordinance 2026-010, passed 4-6-2026).
Full Breakdown
The Uniform Housing Code bars any owner or operator from letting a tenant occupy a dwelling that isn't maintained safe and sanitary: defined as free of visible dirt, debris, clutter, rubbish, trash, and human or animal waste, and free of conditions harmful to health. Inspectors can order immediate abatement of imminent hazards, including utility disconnection, and can declare a unit unfit for occupancy until it's reinspected and cleared for reoccupancy. Owners stay liable even when a lease shifts maintenance duties to tenants, and any rental property cited for a Housing Code violation must register with the city and keep owner contact information current.
Violations & Fines
Occupying or renting out an unsafe, unsanitary unit can trigger a vacate order; a cited rental owner who doesn't come into compliance owes a $500 civil penalty plus $100 for every additional month.
Frequently Asked Questions
What makes a rental unit uninhabitable in Albuquerque?
What happens if a landlord won't fix habitability problems?
Sources & Official References
Other rules in Albuquerque
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