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HOUSE BILL 418
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Cristina Parajón
AN ACT
RELATING TO MOBILE HOMES; PROHIBITING INITIAL RENTAL AGREEMENTS
SHORTER THAN TWENTY-FOUR MONTHS; CLARIFYING NOTICE
REQUIREMENTS; INCREASING THE PERIOD IN WHICH A WRIT OF
RESTITUTION MAY BE SERVED AFTER JUDGMENT; PROHIBITING LANDLORDS
FROM UNREASONABLY RESTRICTING THE SALE OF A MOBILE HOME;
ELIMINATING A PARTY'S OPTION TO TERMINATE A DISPUTE RESOLUTION
PROCESS; REQUIRING LANDLORDS TO DISCLOSE A MAILING ADDRESS IN A
TERMINATION ACTION; INCREASING THE NOTICE PERIOD FOR NONPAYMENT
OF RENT; PROHIBITING LANDLORDS FROM INCREASING RENT DURING LAND
USE CHANGE NOTICE PERIODS; REQUIRING LANDLORDS TO PROVIDE
NOTICE OF LAND USE CHANGE HEARINGS; REVISING CIVIL REMEDIES;
INCREASING THE AMOUNT A TENANT MAY RECOVER; PRESCRIBING CIVIL
PENALTIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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SECTION 1. Section 47-10-3 NMSA 1978 (being Laws 1983,
Chapter 122, Section 3, as amended) is amended to read:
"47-10-3. TENANCY--REQUIREMENTS--NOTICE TO QUIT.--
A. No tenancy or other lease or rental occupancy of
space in a mobile home park shall commence without a written
lease or rental agreement. [and ] The initial term of a written
agreement shall not be shorter than twenty-four months in
duration. A tenancy shall not be terminated except for cause
provided pursuant to Section 47-10-5 or 47-10-6 NMSA 1978. No
tenancy in a mobile home park shall be terminated until a
notice to quit has been served upon the mobile home resident.
The notice to quit shall be in writing directed to the resident
and in the form specified in this section. The form of notice
shall be deemed legally sufficient if it states:
(1) the name of the landlord or of the mobile
home park;
(2) the mailing address of the property;
(3) the location or space number upon which
the mobile home is situated;
(4) the county in which the mobile home is
situate; and
(5) the reason for the termination of the
tenancy and the date, place and circumstances of any acts
allegedly justifying the termination.
B. The notice to quit shall be served by delivering
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the notice to the mobile home tenant personally or by posting
the notice at the main entrance of the mobile home. If service
is made by posting the notice, a copy of the notice shall also
be sent by certified mail to the mobile home tenant, return
receipt requested. The date of a posting shall be included on
the posted notice and on the copy mailed to the mobile home
tenant and shall constitute the effective date of the notice.
C. For terminations initiated pursuant to
Subsections A, B and C of Section 47-10-5 NMSA 1978 , the tenant
shall be given a period of not less than thirty days from the
end of the rental period during which the termination notice
was served to cure any violation or remove any mobile home from
the premises [but which is automatically extended to sixty days
where the tenant must remove a multisection mobile home ]. For
terminations initiated pursuant to Subsection D of Section
47-10-5 NMSA 1978, the resident shall be given a period of not
less than thirty days from the end of the rental period during
which the termination notice was served to remove a mobile home
from the premises, but this period is automatically extended to
sixty days where the tenant must remove a multisection mobile
home. In those situations where a multisection mobile home is
being leased to or occupied by a person other than its owner
and in a manner contrary to the rules and regulations of the
landlord, [then, in that event ] the tenancy may be terminated
by the landlord upon giving a thirty-day notice to cure or quit
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instead of a sixty-day notice.
D. No lease shall contain any provision by which
the tenant waives [his ] the tenant's rights under the Mobile
Home Park Act, and any such waiver shall be deemed to be
contrary to public policy and shall be unenforceable and void.
Any lease, however, may provide for the termination of the
tenancy in accordance with the provisions of Subsection C of
this section.
E. No tenancy shall be terminated by a mobile home
park owner solely because of the size or age of the mobile
home.
F. A landlord that uses a rental agreement
containing provisions that violate the provisions of the Mobile
Home Park Act shall be liable for damages provided pursuant to
Section 47-10-23 NMSA 1978. "
SECTION 2. Section 47-10-4 NMSA 1978 (being Laws 1983,
Chapter 122, Section 4) is amended to read:
"47-10-4. ACTION FOR TERMINATION.--
A. The action for termination shall be commenced
and prosecuted in the manner described in the Uniform Owner-
Resident Relations Act. The property description shall be
deemed legally sufficient if it states:
(1) the name and mailing address of the
landlord or of the mobile home park;
(2) the mailing address of the property;
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(3) the location or space number upon which
the mobile home is situated; and
(4) the county in which the mobile home is
situate.
B. Service of the summons shall be as specified in
Section 47-8-43 NMSA 1978. Service by posting shall be deemed
legally sufficient within the meaning of Section 47-8-43 NMSA
1978 if the summons is conspicuously affixed to the main
entrance of the mobile home.
C. Jurisdiction of courts in cases of forcible
entry, forcible detainer or unlawful detainer shall be as
specified in Section 47-8-49 NMSA 1978.
D. After commencement of the action and before
judgment, any person not already a party to the action who is
discovered to have a property interest in the mobile home shall
be allowed to enter into a stipulation with the landlord and be
bound thereby."
SECTION 3. Section 47-10-5 NMSA 1978 (being Laws 1983,
Chapter 122, Section 5) is amended to read:
"47-10-5. REASONS FOR TERMINATION.--A tenancy shall be
terminated pursuant to the Mobile Home Park Act only for one or
more of the following reasons:
A. material failure of the tenant to comply with
local ordinances and state laws and regulations concerning
mobile homes if the tenant receives a notice of noncompliance
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from the appropriate government agency and fails to cure the
violation within the prescribed time period ;
B. material conduct of the tenant on the premises
[which] that constitutes [an] a substantial annoyance to other
tenants or interference with park management;
C. material failure of the tenant to comply with
written rules and regulations of the mobile home park either
established by the management in the rental agreement at the
inception of the tenancy or amended subsequently [thereto with
the consent of the tenant or amended subsequently thereto
without the consent of the tenant on thirty days' written
notice if the amended rules and regulations are reasonable,
except when local ordinances and state laws and regulations or
emergency situations require immediate compliance. However,
regulations applicable to recreational facilities may be
amended at the discretion of the management ] pursuant to the
provisions of the Mobile Home Park Act ;
D. condemnation or change of use of the mobile home
park. When the owner of a mobile home park is formally
notified by an appropriate governmental agency that [his ] the
owner's mobile home park is the subject of a condemnation
proceeding, the landlord shall, within seventeen days, notify
[his] the landlord's tenants in writing of the terms of the
condemnation notice [which he ] that the landlord receives; or
E. in those cases where the zoning law allows the
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landlord to change the use of [his ] the land without obtaining
the consent of the zoning authority and where such change of
use would result in eviction of inhabited mobile homes, the
landlord shall first give the owner of each mobile home subject
to [such] the eviction a written notice of [his ] the landlord's
intent to evict not less than [six ] twelve months prior to
[such] the change of use of the land, notice to be mailed to
each tenant. During the twelve-month period when the tenants
are preparing to find new home locations, rent shall not be
increased. In cases where the landlord must request a change
of use before local governmental bodies, the landlord shall
serve tenants written notice of the hearing for the proposed
change of use."
SECTION 4. Section 47-10-6 NMSA 1978 (being Laws 1983,
Chapter 122, Section 6, as amended) is amended to read:
"47-10-6. NONPAYMENT OF RENT.--Any tenancy or other
estate at will or lease in a mobile home park may be terminated
upon the landlord's written notice to the tenant requiring, in
the alternative, payment of rent and utility charges or the
removal of the tenant's unit from the premises, within a period
of not less than [three ] thirty days after the date notice is
served or posted, for failure to pay rent when due. Rent shall
not be increased without sixty days' written notice to the
tenant."
SECTION 5. Section 47-10-9 NMSA 1978 (being Laws 1983,
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Chapter 122, Section 9, as amended) is amended to read:
"47-10-9. REMEDIES.--
A. Upon granting judgment for possession by the
landlord in [a forcible entry and detainer action ] an action
pursuant to Section 47-10-4 NMSA 1978 , the court shall issue
the writ of restitution as provided in Section 47-8-46 NMSA
1978.
B. The notice of judgment shall state that at a
specified time, not less than [forty-eight hours ] ten days from
the entry of judgment, the sheriff will return to serve a writ
of restitution and superintend the peaceful and orderly removal
of the mobile home under that order of court. The notice of
judgment shall also advise the mobile home owner to prepare the
mobile home for removal from the premises by removing the
skirting, disconnecting utilities, attaching tires and
otherwise making the mobile home safe and ready for highway
travel.
C. Should the mobile home owner fail to have the
mobile home safe and ready for physical removal from the
premises or should inclement weather or other unforeseen
problems occur at the time specified in the notice of judgment,
the landlord and the sheriff may by written agreement extend
the time for the execution of the writ of restitution to allow
time for the landlord to arrange to have the necessary work
done or to permit the sheriff's execution of the writ of
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restitution at a time when weather or other conditions will
make removal less hazardous to the mobile home.
D. If the mobile home is not removed from the
landlord's land on behalf of the mobile home owner within the
time permitted by the writ of restitution, the landlord and the
sheriff shall have the right to take possession of the mobile
home for the purposes of removal and storage. The liability of
the landlord and the sheriff in that event shall be limited to
gross negligence or willful and wanton disregard of the
property rights of the mobile home owner. The responsibility
to prevent freezing and to prevent wind and weather damage to
the mobile home lies exclusively with those persons who have a
property interest in the mobile home.
E. Utility charges, other charges incurred by the
landlord for which the resident is liable to the landlord
pursuant to the provisions of a rental agreement, including
amounts awarded to the landlord in an action brought pursuant
to this section, rents and reasonable removal and storage
charges may be paid by any party in interest. Those charges
constitute a lien that will run with the mobile home. The lien
may be foreclosed in the same manner as a landlord's lien
created pursuant to Section 48-3-5 [NSMA ] NMSA 1978.
F. Prior to the issuance of the writ of
restitution, the court shall make a finding of fact that the
mobile home is or is not subject to the security interest of a
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first lienholder. A written statement on the mobile home
resident's owner's application for tenancy identifying a
lienholder by name and address shall be prima facie evidence of
the existence of the interest of the lienholder. If the
application for tenancy contains no information or states that
no liens exist, the landlord shall obtain a written title
search statement from the motor vehicle division of the
taxation and revenue department and the matter contained in
that document shall be conclusive evidence of the existence or
nonexistence of security interests in the mobile home.
G. If the court finds there is a security interest
in favor of a first lienholder on the mobile home subject to
the writ of restitution or if the mobile home has been
abandoned by the resident or possession of the mobile home has
been surrendered to the landlord by the resident, then, upon
receipt of the writ of restitution, the landlord shall notify
the first lienholder in writing that the landlord has obtained
a writ of restitution for the mobile home park space where the
mobile home is located or that the mobile home has been
abandoned or surrendered by the resident. The notice shall be
provided in accordance with the provisions of Subsection J of
this section and shall:
(1) state that an action for restitution has
been filed against the resident and the effective date of a
writ of restitution, if issued, or the date the mobile home was
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abandoned or voluntarily surrendered by the resident;
(2) disclose the amount of the utility
charges, other charges incurred by the landlord as provided in
the rental agreement, rents and reasonable removal and storage
charges, accruing daily rent calculated pursuant to this
section and the date upon which the resident is required to
make regular payments to the landlord; and
(3) attach a copy of the lease and the
landlord's rules and regulations that apply to the resident.
H. Notwithstanding the provisions of [the ]
Subsection E of this section, the landlord shall be entitled to
collect from the first lienholder only the utility charges,
other charges incurred by the landlord as provided in the
rental agreement and rents and reasonable removal and storage
charges accruing from [and after ] the date the landlord
provides the first lienholder the written notice prescribed
under Subsection G of this section. The first lienholder shall
notify the landlord within thirty days of receipt of the notice
whether it intends to pay the rents and charges collectible
under this subsection or remove the mobile home. The rents and
charges due under this subsection shall be prorated to the date
the mobile home is removed or the date a new lease with a new
resident becomes effective, and the first lienholder shall not
be liable for any rents and charges thereafter. The maximum
rent payable to the landlord under this subsection is a daily
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rate equal to one-thirtieth of the then-current lot rental
amount that would have been payable by the resident under the
lease. The maximum daily rent may be increased over time in
accordance with the notice requirements under the applicable
provisions of the Mobile Home Park Act. The first lienholder
shall have thirty days from the date notice is provided by the
landlord to pay the rent and charges accruing to the notice
date. Thereafter, the first lienholder shall pay the rent and
charges in accordance with the resident's lease. If the first
lienholder desires to remove the mobile home prior to a payment
due date, the first lienholder shall pay the rent and charges
accrued to the date of removal prior to removing the mobile
home.
I. If the first lienholder fails to pay the rent
and charges due as provided in Subsection H of this section,
the landlord may give the first lienholder notice of the
nonpayment in accordance with Section 47-10-6 NMSA 1978. If
the first lienholder fails to make payment within the time
period specified in the notice, the landlord may proceed
against the first lienholder by exercising the remedies granted
it under the Mobile Home Park Act. The landlord may also seek
any other remedies to which it is entitled by law. The
prevailing party in any action brought in an event to seek
relief under this section, including an action for damages, is
entitled to an award for reasonable attorney fees and costs
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incurred in the suit. Notwithstanding anything in this section
to the contrary, the judgment obtained in such an action, if in
favor of the landlord, constitutes a lien against the mobile
home having priority over the lien of the first lienholder.
The lien may be foreclosed pursuant to the procedures
pertaining to a landlord's lien created in Section 48-3-5 NMSA
1978.
J. Any notice required by this section between the
first lienholder and landlord shall be in writing and either
hand delivered or mailed by certified mail, return receipt
requested. The notice shall be effective the date of delivery
or mailing. If hand delivered, the notice shall be delivered
at the principal office or place of business of the addressee
during regular business hours to the person in charge of the
office or place of business.
K. If the mobile home is sold to third parties who
intend to remain in the park, they will not be allowed to
reside in the mobile home unless the parties have been
qualified by the landlord as residents. Until the purchasers
and the landlord enter into a written lease agreement, the
landlord may refuse to recognize the sale and treat any persons
living in the mobile home as trespassers. The landlord shall
not unreasonably withhold, condition or delay the approval of a
purchaser.
L. If the first lienholder has paid in full all
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money due under Subsection H of this section, it [shall be ] is
unlawful for the landlord to refuse to allow the first
lienholder to remove the mobile home. If the landlord refuses
to allow the first lienholder to remove the mobile home, the
landlord is liable to the first lienholder for each day the
landlord unlawfully maintains possession of the mobile home, at
a daily rate equal to one-thirtieth of the monthly payment
required by a contract between the first lienholder and
resident. In all disputes between the landlord and the first
lienholder, the court shall award reasonable attorney fees and
costs to the prevailing party. In the event the mobile home
has not been resold within six months of the landlord providing
notice pursuant to Subsection G of this section, the landlord
may request the first lienholder to remove the mobile home
within thirty days of the request. Notice of the request shall
be given to the first lienholder in accordance with Subsection
J of this section."
SECTION 6. Section 47-10-17 NMSA 1978 (being Laws 1983,
Chapter 122, Section 17, as amended) is amended to read:
"47-10-17. ALTERNATIVE DISPUTE RESOLUTION--WHEN
PERMITTED--COURT ACTIONS.--
A. In any civil dispute between the management and
a resident of a mobile home park arising out of the provisions
of the Mobile Home Park Act, except for nonpayment of rent or
utility charges or in cases in which the health or safety of
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other residents is in imminent danger, the controversy may be
submitted to alternative dispute resolution by request of
either party prior to the filing of a court action or a
forcible entry and detainer action. The cost of the
alternative dispute resolution services shall be divided
equally among the disputing parties.
B. The agreement, if one is reached, shall be
presented to the court as a stipulation. [Either party to the
dispute resolution process may terminate the process at any
time without prejudice. ]
C. If either party subsequently violates the
stipulation, the other party may apply immediately to the court
for relief.
D. Any alternative dispute resolution pursuant to
this section shall be performed by a professionally certified
mediator approved by all disputing parties."
SECTION 7. Section 47-10-23 NMSA 1978 (being Laws 1993,
Chapter 147, Section 9) is amended to read:
"47-10-23. PRIVATE REMEDIES --CIVIL PENALTIES--
ENFORCEMENT.--
A. For each violation by a landlord of the
provisions of Sections 47-10-19 through 47-10-22 NMSA 1978, a
landlord [may] shall be [charged a civil penalty not to exceed
five hundred dollars ($500) ] liable to the tenant for two times
the amount of the total monthly rent.
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B. The attorney general may investigate alleged
violations of the provisions of the Mobile Home Park Act and,
upon petition to the court, may recover on behalf of the state
a civil penalty in court not to exceed two times the amount of
the total monthly rent for each violation .
[B.] C. The remedies provided in this section are
not exclusive and do not limit the rights or remedies that are
otherwise available to a resident [under any other law ]."
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