Rent control rules in Bernalillo County, NM — also known as rent stabilization or rent cap ordinances — limit annual rent increases and protect tenants from displacement.
Bernalillo County cannot enact rent control. NMSA §47-8A-1 (Rent Control Preemption, 1999) expressly prohibits any NM municipality or county from adopting rent control on private residential property. Market pricing applies throughout Albuquerque metro.
The New Mexico Rent Control Preemption Act (NMSA §47-8A-1) bars all counties and municipalities from enacting ordinances that control rents on private residential or commercial property. This has been in force since 1999 and was reaffirmed during the 2022–2024 legislative sessions despite proposed repeals. Landlords in Bernalillo County may raise rent by any amount on month-to-month tenants with 30 days' written notice under NMSA §47-8-15(F), or at lease expiration for fixed-term leases. Tenants retain all protections under the NM Uniform Owner-Resident Relations Act (UORRA, NMSA §47-8-1 et seq.): habitability, security deposit caps (one month's rent for leases under 1 year), and anti-retaliation provisions (§47-8-39). The only exceptions are publicly subsidized housing (HUD, Section 8, LIHTC) and manufactured home park lot rents, which have limited state rent-raise notice rules under NMSA §47-10-5.
Any County attempt to cap rents would be void on its face under NMSA §47-8A-1. Rent increase with less than 30 days' notice on a month-to-month: unenforceable until proper notice given. Retaliatory rent increase following a code complaint: tenant may sue under §47-8-39 for civil damages.
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See how Bernalillo County's rent control rules stack up against other locations.
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