Albuquerque Urbanist Blog With a YIMBY-Bent

New Mexico’s Legislature is Stepping In Where Cities Have Failed on Housing

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Bills on appeals and entitlement head to the Roundhouse

New Mexico’s housing crisis isn’t just a problem for renters and first-time buyers—it’s a failure of local governance. For years, cities and counties across the state have allowed small but vocal opposition groups to derail housing, making our communities more expensive, more exclusive, and more economically stagnant. Now, the State Legislature is stepping in to clean up the mess.

Senate Bill 312 (SB 312) and House Bill 582 (HB 582) are two of the latest efforts from state lawmakers to curb the worst abuses of New Mexico’s broken land use system. While they tackle different aspects of the problem, they share a common theme: local governments have proven unwilling or unable to act, so the state must intervene.

SB 312: Fixing New Mexico’s Broken Appeals Process

SB 312, sponsored by Sen. Antonio Maestas, would limit zoning appeals to people who actually have skin in the game—that is, property owners directly affected by a decision. This seems like common sense, but right now, the appeals process is often abused by people with no real stake in the outcome, other than their ideological opposition to change.

Why is this so important? Because delays drive up housing costs. Every time a new project is appealed, whether it’s a single duplex or an entire apartment complex, the developer has to pay more in financing, legal fees, and permitting costs—all of which get passed down to buyers and renters. In counties like Santa Fe County and Bernalillo County, not to mention Los Alamos County, where housing costs have soared, these tactics have helped ensure that only the wealthiest can afford to buy there.

HB 582: The State’s Response to Cities Dragging Their Feet

Meanwhile, HB 582 (sponsored by Rep. Linda Serrato) takes on a different aspect of the problem: the refusal of some cities to meaningfully reform their zoning codes. This bill would force cities to legalize more housing types by overriding restrictive local policies while standardizing permitting timelines and expectations—an explicit acknowledgment that many local governments simply won’t act unless they’re forced to.

Cities have had every opportunity to lead on housing reform. But instead of making it easier to build homes, they’ve continued to cave to entrenched opposition groups, NIMBY neighborhood associations, and property owners & landlords who benefit from scarcity. Albuquerque is a prime example: January’s O-24-69 zoning reform package was a step in the right direction, but just a few months later, City Council is cowardly reversing course under pressure from NIMBY activists with O-25-73.

As journalist Jerusalem Demsas puts it, NIMBYs win because land politics is insulated from democratic accountability.” The people who suffer most from housing inaction—renters, first-time homebuyers, young families, and lower-income residents—often don’t have the time, money, or institutional power to influence zoning fights in the way that entrenched homeowners and well-organized NIMBY groups do. That’s why state intervention is necessary. If the largest city in the state is too afraid to stand up to NIMBYism, what hope is there for the rest of New Mexico?

NIMBYism is Keeping New Mexico Poor, Dangerous, and Unlivable

The bigger picture is clear: New Mexicans are tired of NIMBY obstructionism. People are fed up with being told that we should accept skyrocketing housing costs, long commutes, dangerous streets, and stagnant job growth just to protect someone’s personal aesthetic preferences or parking spot.

We deserve better. We deserve cities that are safe, prosperous, and affordable. We deserve places that attract and retain professionals instead of losing them to Arizona, Texas, or Colorado. And most importantly, we deserve leadership that recognizes the urgent need for reform.

The Legislature Has Stepped In—And They’re Not Going Anywhere

The fact that SB 312 and HB 582 have joined a growing list of state-level pro-housing bills is a sign that the battle over housing isn’t just happening in city halls anymore—it’s reached the Roundhouse.

And regardless of whether these bills pass or fail this session, one thing is clear: this conversation isn’t going away until NIMBYism does.

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