Showing ordinances that apply to Kirtland AFB, NM
Kirtland AFB is an unincorporated community (population 3,838) in Bernalillo County, New Mexico. Because Kirtland AFB is not an incorporated city, it does not have its own municipal code. Instead, Bernalillo County ordinances apply directly to properties here. The rent control rules below are the ones that govern your area.
Bernalillo County cannot enact rent control. NMSA ยง47-8A-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 ยง47-8A-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 2022โ2024 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 ยง47-8-15(F), or at lease expiration for fixed-term leases. Tenants retain all protections under the NM Uniform Owner-Resident Relations Act (UORRA, NMSA ยง47-8-1 et seq.): habitability, security deposit caps (one month's rent for leases under 1 year), and anti-retaliation provisions (ยง47-8-39). 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 ยง47-10-5.
Any County attempt to cap rents would be void on its face under NMSA ยง47-8A-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 ยง47-8-39 for civil damages.
See how Kirtland AFB's rent control rules stack up against other locations.
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