Albuquerque’s new cooling ordinance faced its first major test this summer, as city inspectors cracked down on landlords failing to provide working air conditioning during extreme heat.
The city’s response at The Retreat at Candelaria in July marked a shift in how it enforces Albuquerque’s six-month-old cooling ordinance. After weeks of tenant complaints and indoor temperatures hitting over 90 degrees, inspectors cited the complex, ordered repairs and gave management until August to fix the problems. The issue signaled a shift from warnings to enforcement as the city began holding landlords accountable for their actions.
“We knew that it’s dangerous when it’s this hot to not have cooling. People literally die from heat stroke. Do we want children and elders sitting in basically ovens in their own home? No, we don’t,” said City Councilor Tammy Fiebelkorn, who sponsored the ordinance. “That is why we pushed so hard to make sure that this cooling requirement is in law.”
The ordinance affects just over 94,000 rental units in the city, which house 39% of the city’s residents, according to rental market data. Nearly 23,000 of those units include children under 18, putting them at higher risk during extreme heat.
City housing data shows 41% of rentals were built before modern cooling standards and 52% of renters are already cost-burdened. The new rules offer protection but add financial pressure for many landlords.
How Enforcement Works
For those landlords who are found in violation, code enforcement officers can impose civil penalties of up to $500 per day until violations are corrected, according to city officials. When violations are found, the Planning Department’s Code Enforcement Division issues a Notice and Order to Repair with set deadlines.
Tim Walsh, public information coordinator for the city’s Planning Department, said the enforcement approach balances urgency with what’s realistic. “It is much less expensive to repair cooling units than to pay the penalties,” he told reporters.
City Councilor Dan Champine, who represents the district where The Retreat at Candelaria is located, said he got involved after hearing complaints on July 4. “It can’t be solved in two days,” Champine said. “We’ve got to give them the time to get to it.”
The city has also hired a dedicated Code Enforcement Officer to handle rental housing complaints, Walsh said, and “they have been busy.”
The Landlord Response
Some landlords have been slow to respond until the city steps in.
John Reiser, a tenant at The Retreat at Candelaria, said management told residents “there was nothing we can do” for weeks — until inspectors arrived and found code violations.
This week, Reiser said repairs are underway but taking longer than expected. “I spoke with the inspector’s office again today. It seems they are having to do more extensive repairs on the air conditioning machinery than they had anticipated. So, it is still under repair. I understand they have until Aug. 7 to get the job done,” he said.
When asked if the complex offered temporary cooling, Reiser said, “No. I broke down last weekend, bought a window unit air conditioner.”
“Well, you don’t actually have to have someone tell you to follow the law. So I think that’s just silliness,” Fiebelkorn said in response. “The law in Albuquerque is that you have to have a functioning cooling system, and as a landlord, it’s your responsibility to provide one. If you don’t, we’ll send code enforcement and make sure it gets done. A habitable unit means there has to be cooling.”
Some property owners say the ordinance puts too much financial strain on small landlords. Jack Corder, who runs Corder & Company, spoke against the measure at a December council meeting, arguing “a lot of these rentals are owned by school teachers, single women, retired people that use that income to supplement their retirement.”
He warned the rules could “cause an even more drastic shortage of affordable housing in our current market.”
For those concerned about the cost of compliance, City Councilor Tammy Fiebelkorn didn’t mince words. “If your business model doesn’t allow you to provide a habitable home for people, then you shouldn’t be a landlord,” she said.
The Apartment Association of New Mexico told KOAT it supports the ordinance, calling it “reasonable for property owners” and noting that “extreme heat poses serious health and safety risks.”
Landmark Realty, the California-based company that manages The Retreat at Candelaria, did not respond to requests for comment.
Albuquerque Joins Growing Movement
Albuquerque is one of a growing number of cities requiring landlords to protect tenants from extreme heat.
Dallas, TX, has some of the strictest rules, requiring “refrigerated air” from April 1 to Nov. 1 and indoor temperatures no higher than 85 degrees — or at least 20 degrees cooler than outside — according to rental law guides. In Phoenix, AZ, AC units must keep rentals below 82 degrees, or 86 degrees if using evaporative coolers.
New York City is debating a “cooling season” law that would cap indoor temperatures at 78 degrees when it’s 82 or hotter outside, from June 15 to Sept. 15, according to City Limits, an investigative journalism nonprofit in New York covering affordable housing. Los Angeles County recently approved new “safe maximum temperature thresholds” in rentals, according to the California Apartment Association.
Albuquerque’s law takes a different approach. It requires permanent cooling systems, not portable devices, and makes room for the region’s common use of evaporative cooling. Still, the ordinance could have gone further.
City Councilor Tammy Fiebelkorn said her original proposal included maximum indoor temperatures, like in other cities, but Councilor Louie Grout amended the bill to remove that language. “I believe that if the City Council truly cared about the well-being of citizens, it would be in our law,” she said.
What Tenants Need to Know
The ordinance requires landlords to maintain working cooling systems year-round and provide temporary relief during repairs. Approved systems include evaporative coolers, central AC, heat pumps, radiant cooling, window units and mini-splits. Fans and portable ACs only count during repairs.
“I would just encourage anyone who lives in the city who is experiencing a problem with getting cooling fixed and their landlords not fixing it immediately or providing, you know, a temporary thing while they do fix it, to please, please report that to the city so that we can take steps to make sure that they’re safe and healthy,” said City Councilor Tammy Fiebelkorn.
Tenants can report violations by calling 311 or (505) 768-2000, using the ABQ311 app or website, or asking Alexa-enabled devices.