New Mexico
New Mexico Territorial Laws
Chapter 47 Property Law
Chapter 47, Article 8A Rent Control Prohibition
ARTICLE 8A
RENT CONTROL PROHIBITION
Section
47-8A-1. Rent control prohibition.
A. No political subdivision or any home rule municipality shall enact an ordinance or resolution
that controls or would have the effect of controlling rental rates for privately owned real property.
B. This section does not impair the right of a state agency, county or municipality to otherwise
manage or control its property.
C. The provisions of Subsection A of this section do not apply to privately owned real property
for which benefits or funding have been provided under contract by federal, state or local
governments or a governmental instrumentality for the express purpose of providing reduced
rents to low- or moderate-income tenants.
History: Laws 1991, ch. 23, 1.
New Mexico Territorial Laws
Chapter 47 Property Law
Chapter 47, Article 8 Owner-Resident Relations
47-8-1 Short title
47-8-1. Short title.
Sections 47-8-1 through 47-8-51 NMSA 1978 may be cited as the "Uniform Owner-Resident
Relations Act".
History: 1953 Comp., 70-7-1, enacted by Laws 1975, ch. 38, 1; 1995, ch. 195, 1.
47-8-2. Purpose.
The purpose of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] is
to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the
rights and obligations of owner and resident, and to encourage the owners and the residents to
maintain and improve the quality of housing in New Mexico.
History: 1953 Comp., 70-7-2, enacted by Laws 1975, ch. 38, 2.
47-8-3. Definitions.
As used in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978]:
A. "abandonment" means absence of the resident from the dwelling, without notice to the owner,
for one full rental period or in excess of seven days, whichever is less; providing such absence
occurs only after rent for the dwelling unit is delinquent;
B. "action" includes recoupment, counterclaim, set off, suit in equity and any other proceeding in
which rights are determined, including an action for possession;
C. "codes" includes building codes, housing codes, health and safety codes, sanitation codes and
any law, ordinance or governmental regulation concerning fitness for habitation or the
construction, maintenance, operation, occupancy or use of a dwelling unit;
D. "deposit" means an amount of currency or instrument delivered to the owner by the resident as
a pledge to abide by terms and conditions of the rental agreement;
E. "dwelling unit" means a structure, mobile home or the part of a structure, including a hotel or
motel, that is used as a home, residence or sleeping place by one person who maintains a
household or by two or more persons who maintain a common household and includes a parcel of
land, other than a mobile home lot, leased by its owner for use as a site for the parking of a mobile
home;
F. "eviction" means any action initiated by the owner to regain possession of a dwelling unit and
use of the premises under terms of the Uniform Owner-Resident Relations Act;
G. "fair rental value" is that value that is comparable to the value established in the market place;
H. "good faith" means honesty in fact in the conduct of the transaction concerned as evidenced by
all surrounding circumstances;
I. "normal wear and tear" means deterioration that occurs based upon the use for which the rental
unit is intended, without negligence, carelessness, accident, abuse or intentional damage of the
premises, equipment or chattels of the owner by the residents or by any other person in the
dwelling unit or on the premises with the resident's consent; however, uncleanliness does not
constitute normal wear and tear;
J. "organization" includes a corporation, government, governmental subdivision or agency
thereof, business trust, estate, trust, partnership or association, two or more persons having a joint
or common interest or any other legal or commercial entity;
K. "owner" means one or more persons, jointly or severally, in whom is vested:
(1) all or part of the legal title to property, but shall not include the limited partner in an
association regulated under the Uniform Limited Partnership Act [Chapter 54, Article 2 NMSA
1978]; or
(2) all or part of the beneficial ownership and a right to present use and enjoyment of the premises
and agents thereof and includes a mortgagee in possession and the lessors, but shall not include a
person or persons, jointly or severally, who as owner leases the entire premises to a lessee of
vacant land for apartment use;
L. "person" includes an individual, corporation, entity or organization;
M. "premises" means facilities, facilities and appurtenances, areas and other facilities held out for
use of the resident or whose use is promised to the resident coincidental with occupancy of a
dwelling unit;
N. "rent" means payments in currency or in kind under terms and conditions of the rental
agreement for use of a dwelling unit or premises, to be made to the owner by the resident, but
does not include deposits;
O. "rental agreement" means all written agreements between an owner and resident and valid rules
and regulations adopted under Section 47-8-23 NMSA 1978 embodying the terms and conditions
concerning the use and occupancy of a dwelling unit or premises;
P. "resident" means a person entitled under a rental agreement to occupy a dwelling unit in
peaceful possession to the exclusion of others and includes the owner of a mobile home renting
premises, other than a lot or parcel in a mobile home park, for use as a site for the location of the
mobile home;
Q. "roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen
facility in a structure where one or more major facilities are used in common by occupants of the
dwelling units. As referred to in this subsection, "major facility", in the case of a bathroom, means
toilet and either a bath or shower and, in the case of a kitchen, means refrigerator, stove or sink;
R. "single family residence" means a structure maintained and used as a single dwelling unit.
Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a
single family residence if it has direct access to a street or thoroughfare and shares neither heating
facilities, hot water equipment nor any other essential facility or service with any other dwelling
unit;
S. "substantial violation" means any act or series of acts that occur in the dwelling unit or on the
premises by the resident or with the resident's consent and:
(1) is considered a felony under the Controlled Substances Act;
(2) involves a deadly weapon and is considered a felony under the Criminal Code;
(3) is considered assault with intent to commit a violent felony, murder, criminal sexual
penetration, robbery or burglary under the Criminal Code; or
(4) is considered criminal damage to property and a felony under the Criminal Code;
T. "term" is the period of occupancy specified in the rental agreement; and
U. "transient occupancy" means occupancy of a dwelling unit for which rent is paid on less than a
weekly basis or where the resident has not manifested an intent to make the dwelling unit a
residence or household.
History: 1953 Comp., 70-7-3, enacted by Laws 1975, ch. 38, 3; 1977, ch. 55, 1; 1983, ch.
122, 18; 1985, ch. 146, 1; 1989, ch. 340, 1; 1995, ch.
195, 2.
Chapter 47 Property Law
Chapter 47, Article 8A Rent Control Prohibition
ARTICLE 8A
RENT CONTROL PROHIBITION
Section
47-8A-1. Rent control prohibition.
A. No political subdivision or any home rule municipality shall enact an ordinance or resolution
that controls or would have the effect of controlling rental rates for privately owned real property.
B. This section does not impair the right of a state agency, county or municipality to otherwise
manage or control its property.
C. The provisions of Subsection A of this section do not apply to privately owned real property
for which benefits or funding have been provided under contract by federal, state or local
governments or a governmental instrumentality for the express purpose of providing reduced
rents to low- or moderate-income tenants.
History: Laws 1991, ch. 23, 1.
New Mexico Territorial Laws
Chapter 47 Property Law
Chapter 47, Article 8 Owner-Resident Relations
47-8-1 Short title
47-8-1. Short title.
Sections 47-8-1 through 47-8-51 NMSA 1978 may be cited as the "Uniform Owner-Resident
Relations Act".
History: 1953 Comp., 70-7-1, enacted by Laws 1975, ch. 38, 1; 1995, ch. 195, 1.
47-8-2. Purpose.
The purpose of the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978] is
to simplify, clarify, modernize and revise the law governing the rental of dwelling units and the
rights and obligations of owner and resident, and to encourage the owners and the residents to
maintain and improve the quality of housing in New Mexico.
History: 1953 Comp., 70-7-2, enacted by Laws 1975, ch. 38, 2.
47-8-3. Definitions.
As used in the Uniform Owner-Resident Relations Act [47-8-1 to 47-8-51 NMSA 1978]:
A. "abandonment" means absence of the resident from the dwelling, without notice to the owner,
for one full rental period or in excess of seven days, whichever is less; providing such absence
occurs only after rent for the dwelling unit is delinquent;
B. "action" includes recoupment, counterclaim, set off, suit in equity and any other proceeding in
which rights are determined, including an action for possession;
C. "codes" includes building codes, housing codes, health and safety codes, sanitation codes and
any law, ordinance or governmental regulation concerning fitness for habitation or the
construction, maintenance, operation, occupancy or use of a dwelling unit;
D. "deposit" means an amount of currency or instrument delivered to the owner by the resident as
a pledge to abide by terms and conditions of the rental agreement;
E. "dwelling unit" means a structure, mobile home or the part of a structure, including a hotel or
motel, that is used as a home, residence or sleeping place by one person who maintains a
household or by two or more persons who maintain a common household and includes a parcel of
land, other than a mobile home lot, leased by its owner for use as a site for the parking of a mobile
home;
F. "eviction" means any action initiated by the owner to regain possession of a dwelling unit and
use of the premises under terms of the Uniform Owner-Resident Relations Act;
G. "fair rental value" is that value that is comparable to the value established in the market place;
H. "good faith" means honesty in fact in the conduct of the transaction concerned as evidenced by
all surrounding circumstances;
I. "normal wear and tear" means deterioration that occurs based upon the use for which the rental
unit is intended, without negligence, carelessness, accident, abuse or intentional damage of the
premises, equipment or chattels of the owner by the residents or by any other person in the
dwelling unit or on the premises with the resident's consent; however, uncleanliness does not
constitute normal wear and tear;
J. "organization" includes a corporation, government, governmental subdivision or agency
thereof, business trust, estate, trust, partnership or association, two or more persons having a joint
or common interest or any other legal or commercial entity;
K. "owner" means one or more persons, jointly or severally, in whom is vested:
(1) all or part of the legal title to property, but shall not include the limited partner in an
association regulated under the Uniform Limited Partnership Act [Chapter 54, Article 2 NMSA
1978]; or
(2) all or part of the beneficial ownership and a right to present use and enjoyment of the premises
and agents thereof and includes a mortgagee in possession and the lessors, but shall not include a
person or persons, jointly or severally, who as owner leases the entire premises to a lessee of
vacant land for apartment use;
L. "person" includes an individual, corporation, entity or organization;
M. "premises" means facilities, facilities and appurtenances, areas and other facilities held out for
use of the resident or whose use is promised to the resident coincidental with occupancy of a
dwelling unit;
N. "rent" means payments in currency or in kind under terms and conditions of the rental
agreement for use of a dwelling unit or premises, to be made to the owner by the resident, but
does not include deposits;
O. "rental agreement" means all written agreements between an owner and resident and valid rules
and regulations adopted under Section 47-8-23 NMSA 1978 embodying the terms and conditions
concerning the use and occupancy of a dwelling unit or premises;
P. "resident" means a person entitled under a rental agreement to occupy a dwelling unit in
peaceful possession to the exclusion of others and includes the owner of a mobile home renting
premises, other than a lot or parcel in a mobile home park, for use as a site for the location of the
mobile home;
Q. "roomer" means a person occupying a dwelling unit that lacks a major bathroom or kitchen
facility in a structure where one or more major facilities are used in common by occupants of the
dwelling units. As referred to in this subsection, "major facility", in the case of a bathroom, means
toilet and either a bath or shower and, in the case of a kitchen, means refrigerator, stove or sink;
R. "single family residence" means a structure maintained and used as a single dwelling unit.
Notwithstanding that a dwelling unit shares one or more walls with another dwelling unit, it is a
single family residence if it has direct access to a street or thoroughfare and shares neither heating
facilities, hot water equipment nor any other essential facility or service with any other dwelling
unit;
S. "substantial violation" means any act or series of acts that occur in the dwelling unit or on the
premises by the resident or with the resident's consent and:
(1) is considered a felony under the Controlled Substances Act;
(2) involves a deadly weapon and is considered a felony under the Criminal Code;
(3) is considered assault with intent to commit a violent felony, murder, criminal sexual
penetration, robbery or burglary under the Criminal Code; or
(4) is considered criminal damage to property and a felony under the Criminal Code;
T. "term" is the period of occupancy specified in the rental agreement; and
U. "transient occupancy" means occupancy of a dwelling unit for which rent is paid on less than a
weekly basis or where the resident has not manifested an intent to make the dwelling unit a
residence or household.
History: 1953 Comp., 70-7-3, enacted by Laws 1975, ch. 38, 3; 1977, ch. 55, 1; 1983, ch.
122, 18; 1985, ch. 146, 1; 1989, ch. 340, 1; 1995, ch.
195, 2.
Landlord/Tenant Law
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