Reimagining Albuquerque

When Albuquerque passed O-24-69, it wasn’t just another zoning bill. It was a step toward fairness, accountability, and housing affordability. The bill made targeted changes to promote incremental housing along transit corridors and introduced long-overdue reforms to the development appeals process—reforms that encouraged thoughtful community input while discouraging obstructionist tactics.

One key change? Requiring Neighborhood Associations (NAs) to pay legal fees for failed or frivolous appeals. This provision helped level the playing field, ensuring that groups filing appeals shared responsibility for the costs their objections imposed on the broader community.

But now, O-25-73 threatens to undo that progress—right when Albuquerque can least afford it.

With rents up 60% since 2017 and homelessness surging by 87%, the last thing Albuquerque needs is more delays, higher housing costs, and another reason for homebuilders to walk away.

Albuquerque Is Facing a Housing Crisis—And Appeals Are Making It Worse

Let’s be clear: Albuquerque doesn’t just have a housing affordability problem. It has a housing shortage—and the costs of that shortage are hitting renters, first-time homebuyers, and low-income families the hardest.

• Rents have skyrocketed by 60% since 2017.
• Homelessness has surged by 87%.
• Affordable housing production has stalled, leaving thousands of families without options.

One reason? Frivolous appeals that delay projects, drive up costs, and push homebuilders away.

Every time a project is appealed—even if the appeal fails—it adds costs and time:

• Homebuilders pay more in legal fees, loan interest, and carrying costs.
• Affordable housing projects lose funding tied to tight timelines.
• Renters and homebuyers end up paying higher prices as builders pass on these increased costs – and affordable developers don’t even break ground.

O-25-73 Would Push Homebuilders Out—At the Worst Possible Time

Homebuilders—especially those working on affordable housing—already operate on thin margins. They need predictability in the permitting process and reasonable timelines to keep projects viable.

When homebuilders see a city where:

• Appeals can be filed with minimal consequences,
• Delays are common, and
• Community opposition can stall even by-right projects,

they start looking elsewhere.

Cities like Austin now offer clearer processes and faster timelines. If Albuquerque makes it riskier to build here, homebuilders will walk away—especially the small, local builders focused on missing middle housing like duplexes, casitas, and affordable multifamily units.

And when homebuilders leave? Housing production slows, competition tightens, and prices go up.

O-25-73 sends the wrong message to homebuilders: “If you build here, be prepared for costly delays and legal hurdles.”

Why Majority Support Isn’t Enough—Accountability Matters

Some councilors supporting O-25-73 argue that O-24-69’s majority support requirement—which mandates that over 50% of neighbors within 600 feet back an appeal—is enough to prevent frivolous challenges.

But that misses the point.

While majority support helps ensure some community backing, it doesn’t:

• Ensure the appeal has legal merit or addresses real harm.
• Stop appeals based on personal preferences—like parking concerns, aesthetics, or vague notions of “neighborhood character.”
• Prevent strategic delay tactics, where appeals are filed not to win but simply to stall construction until a homebuilder gives up.

The failed appeal fee serves a different but complementary role: It ensures that if an appeal fails, the Neighborhood Association—not the homebuilder, renters, or taxpayers—bears the cost of the delay.

Frivolous Appeals Target Affordable Housing the Most

Affordable housing homebuilders are especially vulnerable to delays:

• They rely on tax credits and grants with strict deadlines.
• They can’t raise rents to cover extra costs—so delays eat into already thin budgets.
• Even short delays can make funding fall through, killing projects outright.

And unfortunately, affordable housing is often what gets appealed the most. Appeals framed around “neighborhood character” or concerns about density frequently target multifamily and mixed-income developments, even when these projects fully comply with zoning codes.

O-25-73 would give opponents of affordable housing a free pass to file appeals without facing the consequences if they lose—making it harder to build the affordable units Albuquerque desperately needs.

Appeals Don’t Just Hurt Homebuilders—They Hurt Renters and First-Time Homebuyers

When appeals delay projects:

• Costs rise. Legal fees, loan interest, and carrying costs get baked into the final price of the home or unit.
• Affordable units disappear. Homebuilders scale down projects or abandon them altogether.
• Neighborhoods lose out on new housing that could relieve demand pressure and lower rents.

Frivolous appeals aren’t victimless. Everyone pays for them—especially renters, young families, and those already struggling to find affordable housing.

Albuquerque Needs to Keep Homebuilders Here—Not Push Them Away

In the middle of a housing crisis, Albuquerque should be doing everything it can to:

• Attract more homebuilders, especially those focused on affordable housing.
• Streamline the appeals process to reduce costly delays.
• Ensure that community input is meaningful—but also accountable.

O-24-69 struck a balance. The majority support rule ensured that appeals had some community backing. The failed appeal fee ensured that NAs took responsibility for the costs of failed challenges.

O-25-73 throws that balance out the window.

What You Can Do: Protect Housing Affordability—Vote NO on O-25-73

• Contact Your City Councilor: Tell them to vote NO on O-25-73 and stand up for affordable housing and homebuilder accountability.
• Share Your Story: Are you a renter struggling with high housing costs? A homebuilder delayed by an appeal? A homeowner targeted over minor improvements? A first-time homebuyer struggling to afford your home? Share your experience at the next Land Use Planning Meeting on Wednesday, February 25th, at 5:00pm.
• Spread the Word: Let neighbors know how this bill could slow housing production, raise costs, and make Albuquerque less affordable for everyone.

Appeals Should Be About Accountability—Not Obstruction

Appeals exist for a reason: to give communities a voice in development decisions.

But they shouldn’t be a tool for delay tactics, personal preferences, or NIMBY obstruction.

The failed appeal fee in O-24-69 makes sure that everyone shares responsibility for the costs of delay—not just homebuilders and renters.

O-25-73 removes that fairness. It lets small groups block projects—without consequence—while the entire community pays the price.

In the middle of a housing crisis, that’s a step Albuquerque simply can’t afford to take.

Let’s keep the playing field fair. Let’s get Albuquerque building. Vote NO on O-25-73.

Contact your councilor:

District 1 – Louie Sanchez
Email: lsanchez@cabq.gov

District 2 – Joaquín Baca
Email: joaquinbaca@cabq.gov

District 3 – Klarissa J. Peña
Email: klarissapena@cabq.gov

District 4 – Brook Bassan – Land Use & Planning Committee Member
Email: bbassan@cabq.gov

District 5 – Dan Lewis
Email: danlewis@cabq.gov

District 6 – Nichole Rogers – Land Use & Planning Committee Member
Email: nrogers@cabq.gov

District 7 – Tammy Fiebelkorn – Land Use & Planning Committee Chair
Email: tammyfiebelkorn@cabq.gov

District 8 – Dan Champine – Land Use & Planning Committee Member
Email: dchampine@cabq.gov

District 9 – Renée Grout – Land Use & Planning Committee Member
Email: rgrout@cabq.gov

Need help writing your email? Modify the template below!

Subject: Oppose O-25-73 – Keep Accountability in Albuquerque’s Appeals Process

Dear [Councilor’s Name],

I am writing as a concerned constituent to urge you to vote against O-25-73 and retain the legal fee requirement in O-24-69. Removing this critical accountability measure would make it easier for Neighborhood Associations to file appeals without consequence, leading to delays that drive up housing costs and undermine Albuquerque’s efforts to build affordable and accessible housing.

Why this is important to Albuquerque:

• Frivolous appeals inflate housing costs—Delays can add $20,000–$80,000 per unit, costs that are ultimately passed on to renters and homebuyers.
• Affordable housing projects suffer most—These projects often operate on thin margins and are more likely to be derailed by appeals – especially when they rely on grants or funding with tight deadlines.
• Developers aren’t the only ones who pay—The burden falls on Albuquerque families, young professionals, and first-time buyers who already struggle with rising costs.
• Accountability promotes responsible appeals—NAs should have a voice in the process, but without the legal fee requirement, there’s no incentive to avoid frivolous or speculative appeals.

Appeals should protect communities from real harm—not serve as a tool to block growth or delay much-needed housing.

Please vote NO on O-25-73 and protect Albuquerque’s future by ensuring that all parties involved in appeals share responsibility for the costs they create.

Thank you for your time and commitment to our community.

Sincerely,
[Your Name]
[Your Neighborhood/Organization, if applicable]
[Your Contact Information]