Bernalillo County, NM Rental Property Rules: Repairs & Habitability (2026)
Key Facts
- Governing section
- Bernalillo County Code § 42-623
- Enforcer
- County Environmental Health Authority
- Applies to
- Unincorporated county only
- Penalty
- Up to $300 fine, 90 days jail
- Unfit dwellings
- Condemned & placarded under § 42-187
Summary
Unincorporated Bernalillo County landlords cannot rent out a dwelling unit unless it has working water, sewage, and plumbing service and is clean, sanitary, and fit for human occupancy; the county can condemn units that fail these standards. Albuquerque enforces its own housing code inside city limits.
No person shall occupy as owner-occupant or let another for occupancy any dwelling or dwelling unit for the purpose of living, sleeping, cooking or eating therein which does not comply with the following requirements: ... Every dwelling unit and the premises thereof shall be maintained in a clean, safe, sanitary, and nuisancefree condition at all times. ... No owner shall occupy or let to another for occupancy any vacant dwelling unit unless it is clean, sanitary and fit for human occupancy.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 92).
Full Breakdown
Bernalillo County's Environmental Health Code requires every dwelling used for living, sleeping, cooking or eating to have code-compliant water supply, sewage disposal and plumbing, and to stay clean, safe, and sanitary; owners cannot rent out a vacant unit unless it is clean, sanitary and fit for human occupancy (Sec. 42-623). The county manager's Environmental Health Authority investigates complaints, can enter for inspection, and can condemn and placard a dwelling as unfit for human habitation, ordering it vacated until defects are corrected (Sec. 42-187). This applies only in unincorporated Bernalillo County -- Albuquerque, Los Ranchos de Albuquerque, and Tijeras enforce their own housing codes.
Violations & Fines
Violating the dwelling sanitation code is punishable under Sec. 1-6 by a fine up to $300, up to 90 days in jail, or both, plus vacate-and-condemnation orders under Sec. 42-187 for units unfit for human habitation.
Frequently Asked Questions
Does Bernalillo County require water and plumbing in a rental unit?
Does this rule apply to my rental in Albuquerque?
What can the county do if a rental fails these standards?
Sources & Official References
Other rules in Bernalillo County
Compare Bernalillo County to another location·View the New Mexico rental property rules overview
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