On October 5, the Albuquerque City Council enacted three out of four measures sponsored by MAGA Republican Dan Lewis misleadingly labeled the “Better Neighborhoods” package under the guise and falsehood to cut red tape and spur development projects. On October 20, the Albuquerque City Council approved the fourth measure which substantially raises appeal fees of developments. The “Better Neighborhoods” package consists of two ordinances directed at neighborhood coalitions and two memorials that request action from the New Mexico legislature.
CITY ORDINANCES
The two city ordinances make dramatic changes to the Neighborhood Association Recognition Ordinance (NARO) and are O-26-61 and O-26-60.
0-26-61 OVERVIEW AND ENACTMENT
O-26-61 is the most egregious of the four measures. Neighborhood Coalitions are defined as groups of neighborhood associations that can represent entire areas of the city and can be larger than some city council districts. Under the ordinance they could still organize but without a recognized city role.
O-26-61 removes city recognition for neighborhood coalitions and ends developer good-faith requirements.
Ordinance O-26-61 was introduced and moved forward within 2 weeks for a full council vote without a committee hearing and no community discussion. O-26-61 strips standing from neighborhood coalitions, raises appeal fees, and requires coalitions to pay legal fees if they lose a challenge against a developer who has applied for permits. The ordinance limits formal city recognition of neighborhood coalitions and eliminates automatic development notices to them. Appeal rights under O-26-61are limited to resident-based neighborhood associations near a project. Neighborhood coalitions to a limited can still file appeals but they must prove legal standing.
The ordinance caps individual neighborhood association boundaries to 2 square miles. The ordinance requires neighborhood associations to come into compliance with boundary requirements by July 1, 2027 and allows associations to retain current boundaries until July 1. Amendments to the ordinance requires associations to approve appeals by a majority vote and change advance notice of an appeal vote from seven days to two weeks. The ordinance encourages outreach to apartment buildings and public spaces.
The ordinance adjusts meeting notice rules so associations can act on appeals. An amendment requires approval from at least 10% of an association’s members or 15 confirmed members for any appeal.
Ordinance O-26-61 passed on a 5 to 4. Voting YES were MAGA Republican City Councilor Dan Lewis, Dan Champine, Renee Grout and Progressive Democrats Stephanie Telles and Tammy Fiebelkorn. Voting NO were Democrat City Council President Klarissa Peña, Progressive Democrats Jaquin Baca and Nichole Rogers and Republican Brook Bassan.
If signed by Mayor Tim Keller O-26-61 will become law. If vetoed by Mayor Keller, the veto would require six votes of nine to override.
O-26-60 OVERVIEW AND DEFERRAL
O-26-60 substantially raises appeal fees which are currently between $190 to $265 to $925 for approved appeals and $300 for denied appeals. Amendments added indigency waivers for people who cannot afford the fee, extended the payment deadline to two business days. It requires the Planning Department to give the City Council an annual report on land-use appeals and their outcomes. O-26-60 was deferred by Councilor Lewis to the October 19 City Council meeting. On October 19, the Albuquerque City Council approved ordinance O-26-60 which increases fees for appealing issues surrounding a development.
CITY COUNCIL MEMORIALS
State law governs zoning appeals. Councilor Lewis sponsored two memorials asking the New Mexico Legislature to make changes to state law governing zoning appeals.
M-26-01 asks the Legislature to clarify state law allowing municipalities to define the circumstances under which someone can appeal a development. It ask that the legislature clarify who qualifies as an “aggrieved” person with legal standing to challenge and sue and asks state lawmakers to remove restrictions that allow home-rule cities to set local definitions for legal standing. Memorial M-26-01 passed UNANIMOUSLY on a 9 – 0 vote.
M-26-02 asks the Legislature to allow municipalities to designate certain land-use categories, including zoning and development decisions, for direct appeal to District Court. Lewis said this about M-26-02 : “Currently, a coalition can appeal an approved project and ask the City to review a decision the City has already made, delaying the project for months. … We are asking the Legislature to eliminate this duplicative review and require the appeal to proceed directly to court.” M-26-02 passed on a 6-3 vote, with Bassan, Rogers and Peña voting against.
PUBLIC COMMENT AND DEBATE ON “BETTER NEIGHBORHOODS” PACKAGE
During the October 5 City Council meeting, upwards of 75 residents spoke during the meeting, with 44 opposing the reforms and 28 supporting them. Dozens spoke out during public comment, including residents, developers and members and leaders of neighborhood associations and coalitions
The main focus of public comment and debate was on O-26-61 and its removal of neighborhood coalitions from the Neighborhood Association Recognition Ordinance, which were added to the NARO in 2022 by the City Council. Dozens spoke out during public comments, including residents, developers and members and leaders of neighborhood associations and coalitions.
SUPPORTERS SPEAK OUT
During public comments, developers and real estate agents said neighborhood coalitions were filing appeals that led to costly delays for needed projects. Some homeowner associations did support the bill and said they didn’t appreciate coalitions speaking for them.
Homeowner associations, coalition members and residents opposing the bill said coalitions bolster associations and notify residents of projects that may be out of their neighborhood boundary, but still 100 feet from their property line.
Rebecca Latham, president of her neighborhood association, said the bill strengthened accountability and gives associations “a clear voice.” Latham works for HB Construction and said her association takes time to build relationships and share information to understand “what makes most sense for our neighbors” and she said this:
“So when a group presents a position representing our association, without us having a chance to discuss it or approve it, it puts our credibility at risk.”
Angela Piarowski, a CEO with Modulus Architects, said many of their project have been affected by appeals with some projects delayed by years. Piarowski said this:
“We follow the rules, our clients invest based on those rules, they should be able to rely on the outcome. … A coalition’s disagreement should not become an effective veto over the city’s approvals.”
Adam Silverman, a local real estate developer who supported the changes, said coalitions without local ties can stall projects and neighborhood associations closest to developments should lead community discussions. Silverman was somewhat contradictory supporting then changes and when he said this:
“I believe the neighborhood association should absolutely have the right to be involved in the process when something new is being proposed near their community.”
OPPOSITION SPEAKS OUT
Julie Radoslovich, president of the Hurley Neighborhood Association, opposed the “Better neighborhoods Package” and said volunteer neighborhood associations rely on coalition expertise to navigate land-use rules and challenge improper developments. Radoslovich said this:
“Neighborhood coalitions serve as a buffer when actions threaten our neighborhoods.”
Jennifer Jones of the Inez Neighborhood Association said coalitions benefit parts of the city, like hers which is positioned beside Uptown and surrounded by major roads, that wish to address greater environmental impacts and traffic issues. Jones said associations “wouldn’t have a voice” in those wider problems if the bills passed.
Sarah Thomas said coalitions can give associations a leg up. She said her coalition “has really allowed us to put our heads together with a broader view of what I consider to be our community.” Thomas said her association, meanwhile, “is just barely hanging on” with only six people attending the last annual meeting. She added, “We had to beg people to be on our board.”
Neighborhood Activist Steven Holman is a resident of City Council District 7 which is the mid heights city council district of City Councilor Tammy Fiebelkorn. During City Council Public Comment on October 5, Holman gave the following one minute comment that succinctly addresses the impact of Better Neighborhoods Package:
In regards to the better neighborhoods package, I am going to keep this short and bitter.
This is retaliation for a history of litigation protecting the petroglyphs, marginalized communities, and historic sites that have often found the city violated its own rules.
There used to be over 300 neighborhood associations and now there are less than 150. They are disappearing and declining and coalitions have been filling the void.
This legislation will make it so there is actually less community representation. But that’s what you want, no way to fight back against Data Centers. The city has over 60 acres it said it could annex and rezone for a data center, yet it won’t do the same for affordable housing. True hypocrisy.
Coalitions exist to help marginalized groups and historic sites. My neighborhood is one of the largest and if a hate group somehow got the ok to build, my association couldn’t afford the litigation. I certainly know my city councilor [Tammy Fiebelkorn] wouldn’t hear me out. This is why coalitions are needed.
The question needs to be asked: Maybe the city is the problem?
The developers and sellouts like Strongtowns support this, even Senator Moe Maestas who tried to take zoning away from all cities statewide last legislative session supports this. Vote against the better neighborhoods package.
Don’t sell us out!
SPONSOR LEWIS LASHES OUT AT NEIGHBORHOOD COALITIONS
Republican Dan Lewis, the sponsor of the “Better Neighborhoods” package has lashed out at neighborhood coalitions in general and has said they are “undemocratic” as decision-making bodies. Lewis said O-26-61 “right-sizes” neighborhood representation by putting authority back with “the neighborhoods that are closest and have a direct stake.” Lewis said appeals often come after a development has spent years moving through the city process and Lewis said this:
“And just the process of that keeps projects delayed by months and months We have neighborhoods that don’t have things that other parts of the city have like grocery stores and good housing and good quality of life type projects in their neighborhoods that they desperately need.”
Lewis assailed the Westside Coalition of Neighborhood Associations (WSCONA), which is in his district, as one of the “worst offenders” as it cost 400 jobs in its appeal of Mesa Studios. That neighborhood appeal was repeatedly denied but eventually won in State District Court because WSCONA President Jane Baechle, who did not live in the project area, walked the area of the petroglyphs and recognized the threat of development so close to the federally protected petroglyphs.
Lewis argued falsely that his ordinances strengthens neighborhood associations and falsely claimed that no one in his district opposed the bill and many “have left the coalition.” Lewis said this:
“These are simply good reforms … that puts the primary responsibility and say to our neighborhoods.”
Richard Schaefer, WSCONA secretary, said in a letter that the bill O-26-61was a “veiled attempt to make it far more difficult for residents to organize and exert their rights as fully enfranchised citizens of the City of Albuquerque.”
LEWIS HAS BEEN SUCCESSFUL IN PAST GUTTING NEIGHBORHOOD ASSOCIATION RIGHTS AND REMEDIES
It is clear that the four city council actions sponsored by Dan Lewis are politically motivated. Lewis has an extensive history of tangling and disagreeing with the West Side Coalition of Neighborhood Associations (WSCONA) who have often objected to many of his efforts on the city council and development projects that may affect their homes and neighborhoods.
The four legislative actions sponsored by MAGA Republican City Councilor Dan Lewis are not the first time that Dan Lewis and the City Council have gutted the rights and remedies of neighborhood associations and coalitions when it comes to appealing zoning changes and development projects.
In 2025, the City of Albuquerque lost a lawsuit in District Court that the Westside Coalition Of Neighborhood Associations filed against it when Dan Lewis acted improperly on behalf of developers to gut scenic protection rules near Petroglyph National Monument. His behavior was specifically cited in the Opinion and Order in that case (No. D-202-CV-2023-03961). The City appealed and lost again in the Court of Appeals. (See related guest column by Mike Voorhees regarding the law suite and Dan Lewis and the ordinances he sponsored in the postscript.)
It was on January 23, 2025 that Council Bill No. O-24-69, sponsored by Councilor Dan Lewis, was enacted by the city council on a 7 YES to 2 NO vote. O-24-69 blatantly limits the standing of Neighborhood Associations to appeal zoning changes and development projects approved by the city. Specifically, Council Bill No. O-24-69 as enacted limits the standing of Neighborhood Associations and provides as follows:
- It excludes an individual’s use of public lands as a basis for standing to appeal.
- It eliminates the failure to notify Neighborhood Associations as a basis for appeal or remand.
- It requires Neighborhood Associations to pay attorney fees and costs to developers when their appeals of approvals are denied, but developers have no liability to pay attorney fees of Neighborhood Associations when developers appeal a denial, regardless of the decision. If the appellant Neighborhood association loses their appeal, they are responsible for paying up to $1,000 for reasonable costs.
- It allows amendments by the request of a developer or other unknown party to bypass the EPC or LUPZ and go straight to the City Council.
- It adds the burdensome requirement for a Neighborhood Association to file a petition in order to have standing in any appeal.
- It allows a City Councilor to NOT be recused even when that councilor sponsors an amendment
The link to review the enacted O-24-69 is here:
https://www.cabq.gov/clerk/documents/o-2025-004.pdf
Links to quoted or relied upon news sources are here:
https://abq.news/2026/10/lewis-better-neighborhoods-bills-meeting-recap/
MAYOR KELLER ISSUES PRESS RELEASE
On October 19, Mayor Tim Keller issued the following press release for immediate relese announcing that he had signed O-26-61:
OCTOBER 19, 2026
Mayor Keller Empowers Neighborhood Associations, Signs Recognition Ordinance
“Updated ordinance ensures that neighborhoods can’t be represented without their consent”
ALBUQUERQUE – Today, Mayor Keller announced he has signed legislation updating Albuquerque’s Neighborhood Association Recognition Ordinance (NARO), strengthening the role of individual neighborhood associations and ensuring residents have a direct voice in decisions affecting their communities by removing the ability for coalitions to speak for them without their consent.
“The voices of a few don’t reflect the will of the majority, neighborhoods should be able to choose how and who represents them in court,” said Mayor Keller “This bill is fundamentally about one question: In ABQ should any group, including coalitions, be allowed to legally represent a neighborhood without their consent? Common sense clearly says ‘no’; neighborhoods are fundamental cornerstone of our community and should be the legal representative of their needs. “
The legislation, O-26-61, updates the City’s neighborhood association process to strengthen voices and direct representation of neighborhood associations and establish clearer requirements for participation in development decisions. The bill does not change the opportunity for neighborhood coalitions to organize and advocate – it simply ensures that only neighborhood associations can be the legal representatives in court.
Neighborhood associations will continue to receive development notifications and retain qualifying appeal rights with new requirements to demonstrate member support when challenging development decisions. Other groups wishing to advocate for communities are not affected, other than that they may not represent neighborhood associations legally without their consent.
The updated ordinance is more in line with Mayor’s broader efforts to reduce bureaucracy, remove red tape and streamline processes for innovative projects, housing, grocery stores, essential services, while preserving opportunities for residents to participate in decisions affecting their communities.
The legislation was approved by the Albuquerque City Council on October 5, 2026.
COMMENTARY AND ANALYSIS
It’s very difficult to believe that Mayor Keller even bothered to read let alone tried to understand the measures that make up the “Better Neighborhoods” measures. His press release mislabels the measure as the “Recognition Ordinance” and falsely claims the “updated ordinance ensures that neighborhoods can’t be represented without their consent.” This is a false and misleading narrative that Mayor Keller wants the public to believe as he pretends to be a supporter of neighborhood associations and not the development community.
When Keller is quoted in the press release saying “This bill is fundamentally about one question: In ABQ should any group, including coalitions, be allowed to legally represent a neighborhood without their consent? Common sense clearly says ‘no’; neighborhoods are fundamental cornerstone of our community and should be the legal representative of their needs” he is trying to reframe the issues or change the narrative by attempting to show he supports neighborhood associations and residential property owners when he does not. Keller is more interested in promoting the real estate development community and he could care less about the impact of developments on established neighborhoods.
The press release shows a clear ignorance of the law and the content of the measures that made up the “Better Neighborhoods” package passed. The truth is that the bylaws of the neighborhood associations and that of the neighborhood coalitions mandate that they secure support on legal matters and initiation of lawsuits. Individual neighborhood associations are not required to join neighborhood coalitions with coalition membership being strictly voluntary and neighborhood associations can drop out of neighborhood coalitions whenever they want and for whatever reason they have.
The very real consequences of passage of O-26-61 are clear and are as follows:
- Thirteen neighborhood associations will either lose recognition or have to kick out their county neighbors as members.
- Loss of recognition equals the loss of notification to those individuals and neighborhoods that are likely to be harmed by the development.
- It makes sure contact information is publicly available to neighborhood associations and volunteers only who can disseminate information on developments. Currently, contact information is publicly available only by request to developers from the Office of Neighborhood Coordination and only after the neighborhood association has submitted the correct Public Notice form.
- It removes the requirement for developers to act in good faith and to cooperate with the very neighborhoods they chose to develop.
The two memorials sponsored by Lewis and enacted by the city council do not officially end Albuquerque’s Home Rule authority, but they do undercut the “quasi legal” review process for appeals within the city. By inviting the State legislature to alter the process of zoning appeals, the City is clearing the way for fast-tracked developments. It makes it much harder, and far more expensive, for regular people to have a voice in how their neighborhoods develop.
The Better Neighborhoods package benefits the development, real estate and investment community to the determent of established neighborhoods. It will have a major impact eliminating the rights of neighborhood coalitions to challenge developments. When a new apartment complex or commercial development is proposed in neighborhoods that will have a detrimental impact on the neighborhood, especially historical or established neighborhoods, individual property owners look to neighborhood coalitions to help appeal or challenge the projects. All too often, private property owners and individuals do not have the financial resources nor knowledge of the appeal process of their own to oppose multimillion dollar development projects and developers. A good example would be data center development.
Passage of the Better Neighborhoods package within two weeks of its introduction and without public hearings was as underhanded as it gets by the City Council. Enactment continues with the City Council’s dangerous practice of amending the city’s zoning laws to prohibit or limit extensive public input and to stifle public opinion. Passage of the Better Neighborhoods package is an effort to deconstruct guardrails and protections. It marginalizes the voices of neighborhoods and city residents. Simply put, the passage of the Better Neighborhoods package on a 5 to 4 vote was a sellout by Mayor Tim Keller and the Albuquerque City Council of the citizens of Albuquerque, property owners and neighborhood associations and coalitions in favor of the development community.
CITY COUNCIL CAN REPEAL“BETTER NEIGHBORHOODS” PACKAGE
The public should also weigh in an voice their opinion to Mayor Keller that they do not feel he acted in the best interest of the city when he signed into law O-26-61.
The four City Councilors who voted NO to enact O-26-61 were Democrat City Council President Klarissa Peña, Progressive Democrats Jaquin Baca and Nichole Rogers and Republican Brook Bassan. One or all 4 should take immediate steps to repeal O-26-61 and the “Better Neighborhoods” package by sponsoring and introducing a resolution or ordinance repealing the legislation and demanding public hearings before the City Council’s Land Use and Planning committee to allow the public sufficient time weigh in and to avoid the the two week rush job that came with enactment of O-26-61. Contact your City Councilor and tell them to repeal O-26-61 and protest the underhanded way it was enacted.
MAYOR TIM KELLER CONTACT INFORMATION
Department: Office of the Mayor
Phone: 505-768-3000
Fax: 505-768-3019
Physical Address: 1 Civic Plaza, 11th Floor, Albuquerque NM 87102
Mailing Address:
Office of the Mayor
PO Box 1293
Albuquerque NM 87103
EMAIL: tkeller@cabq.gov, MayorKellerIQ@cabq.gov, MayorTimKellerPress@cabq.gov
CITY COUNCIL CONTACT INFORMATION
CITY COUNCIL PHONE: (505) 768-3100
CITY COUNCILOR AND SUPPORT STAFF EMAILS
ipadilla@cabq.gov (Director of Council Services)
mmmontoya@cabq.gov (Council Clerk)