Albuquerque adopts new rules, fines for 'problem motels' amid public safety push
May 14—Albuquerque motels with a track record of crime, code violations, or unpaid taxes in Albuquerque will soon face fines, restrictions on guest occupancy, and new record-keeping rules under a bill passed by the City Council.
The measure comes as Albuquerque continues its crackdown on motels it deems problematic, typically for code violations or because the motel sees a lot of criminal activity. The city has so far shut down six motels. The ordinance would allow the city to place additional hotels and motels on something like a provisional plan, according to Planning Department Director Alan Varela.
"The ordinance is very clear. It is targeted at problematic properties. This, hopefully, is a small minority of properties out there," Varela said.
The bill was passed on a 5-4 vote on May 5, with Councilors Joaquín Baca, Dan Champine, Nichole Rogers and Louie Sanchez voting against it.
A spokesperson for Mayor Tim Keller's office said he intended to sign the bill into law in the coming week, and it would take effect within the month.
Opposition to the bill at City Council varied. Rogers' concern was how the measure would affect unhoused people seeking a room for a night. Sanchez's concern stemmed from amendments that softened the blow to unhoused people.
Specifically, Councilor Tammy Fiebelkorn introduced an amendment that inserted "if available" before some of the requirements for tenants to show a government issued identification and provide an address.
Fiebelkorn said that, without her amendments, the ordinance would force out unhoused people who might lack identification or a permanent address. Sanchez objected to that idea and voted against both of Fiebelkorn's amendments.
"Overall, I think this bill will be beneficial to the citizens of Albuquerque," Sanchez said.
What does the bill do?
The ordinance would create three triggers for a motel to be subjected to "enhanced operational requirements," or "the bad list," as councilors called it.
Those triggers are failure to make lodgers' tax or hospitality fee payments to the city for three consecutive months, at least three violations of any city ordinance within a 12-month period, or at least one violation of the city's Nuisance Abatement Ordinance.
Varela said these triggers were chosen because they're often warning signs for motels with problematic activity.
"What we've noticed, especially in the last year when we've started shutting down these most problematic hotels in town — all of them at one point were very legitimate operations, probably in very good condition and a good and safe place for guests to stay," Varela said, adding that these three issues would crop up as warning signs.
Varela said the city does not know how many motels might meet the criteria, and added that it will not seek out problematic motels.
"Code enforcement does all of its investigations based on complaints," Varela said. "We do not drive around the city, putting our noses into businesses that are not on the complaint list."
Once on the bad list, the city can issue civil fines of up to $500 per day, place liens on the property or prohibit occupancy. Additionally, motels on the bad list must keep information about their guests for 45 days, so the city can review it. That information includes a copy of the guest's photo ID if available, or if not available, a picture of the guest's full face; vehicle information like make, model and license plate number; and information about the source of payment.
The rationale behind this, Varela said, is to give police information.
"Each of the hotels that have been shut down so far has had some elements, whether it's a large element or maybe to just a minor degree, of human trafficking," Varela said. "And some of these items are designed entirely to help prevent human trafficking or make it much more difficult to do."
Angelo Metzger, code compliance manager, added that many properties are also repeat code violators, leading to potentially dangerous conditions for tenants.
One of the most recent motels that Metzger's office shut down was the Court John Motel at 2700 Fourth NW in the North Valley. In that case, the Albuquerque Police Department reported 940 calls from within two blocks of the motel, with 16 battery cases, 26 reports of stolen vehicles, two shootings, three sexual assaults and six drug-related offenses, according to a news release sent when the motel was shut down.
The motel was also accused of offering long-term stays to residents in rooms with failing plumbing, exposed wiring, pest infestations and structural damage, all while operating without a valid certificate of occupancy.
Metzger told the Journal that these properties can call the city to help get back into compliance.
"If you are having a problem with your property, please reach out to the city so we can go and assist you in getting it back to where it needs to be," Metzger said.
Industry perspective
Dhawal Kholwadwala, president of the Greater Albuquerque Hotel and Lodging Association (GAHLA), said his organization played a role in helping craft the bill and hopes to continue that role as enforcement begins.
Kholwadwala said that GAHLA, which advocates for the interests of the hospitality industry, heard the bill was in the works and sought to get involved early. GAHLA agreed with the explicit goal of the bill, to make motels safer, but said some of the early details were concerning.
"At the end of the day, we support trying to make the community safer," he said.
For one, they got the name changed from the "Hotel and Motel Accountability Ordinance" to the "Distressed Lodging Property Ordinance." Kholwadwala said that mattered because the perception that this whole industry was somehow problematic was false.
Kholwadwala said his organization plans to pay close attention to how the new law is enforced moving forward. Specifically, he said GAHLA will review how the city uses and enforces the rules around collecting a guestbook.
"We just want it to be a fair process," Kholwadwala said.
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