HOUSE BILL 442

57th legislature - STATE OF NEW MEXICO - first session, 2025

INTRODUCED BY

Marian Matthews and Cristina Parajón

AN ACT

RELATING TO MOBILE HOMES; AMENDING DEFINITIONS; PROVIDING RENT STABILIZATION; REVISING AND EXPANDING PRIVATE REMEDIES; PRESCRIBING CIVIL PENALTIES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 47-10-2 NMSA 1978 (being Laws 1983, Chapter 122, Section 2, as amended) is amended to read:

     "47-10-2. DEFINITIONS.--As used in the Mobile Home Park Act:

          A. "landlord" or "management" means the owner or [any] a person responsible for operating and managing a mobile home park or an agent, employee or representative authorized to act on the management's behalf in connection with matters relating to tenancy in the park;

          B. "mobile home" means a single-family dwelling built on a permanent chassis designed for long-term residential occupancy and containing complete electrical, plumbing and sanitary facilities designed to be installed in a permanent or semipermanent manner with or without a permanent foundation, which dwelling is capable of being drawn over public highways as a unit or in sections by special permit, and includes a manufactured home. "Mobile home" does not include a recreational travel trailer or a recreational vehicle, as those terms are defined in Section 66-1-4.15 NMSA 1978;

          C. "mobile home park", "trailer park", [or] "park" or "manufactured home park" means a parcel of land used for the continuous accommodation of twelve or more occupied mobile homes and operated for the pecuniary benefit of the owner of the parcel of land, [his] the owner's agents, lessees or assignees. "Mobile home park" does not include mobile home subdivisions or property zoned for manufactured home subdivisions;

          D. "mobile home space", "space", "mobile home lot" or "lot" means a parcel of land within a mobile home park designated by the management to accommodate one mobile home and its accessory buildings and to which the required sewer and utility connections are provided by the mobile home park;

          E. "premises" means a mobile home park and existing facilities and appurtenances therein, including furniture and utilities where applicable, and grounds, areas and existing facilities held out for the use of the residents generally or the use of which is promised to the resident;

          F. "rent" means any money or other consideration to be paid to the management for the right of use, possession and occupation of the premises;

          G. "rental agreement" means a written agreement, including those conditions implied by law, between the management and the resident establishing the terms and conditions of a tenancy, including reasonable rules and regulations promulgated by the park management. A lease is a rental agreement;

          H. "resident" means [any] a person or family of [such] the person owning a mobile home that is subject to a tenancy in a mobile home park under a rental agreement;

          I. "tenancy" means the right of a resident to use a space or lot within a park on which to locate, maintain and occupy a mobile home, lot improvements and accessory structures for human habitation, including the use of services and facilities of the park;

          J. "utility services" means electric, gas, water or sewer services, but does not include refuse services;

          K. "first lienholder" means a person or [his] the person's successor in interest who has a security interest in a mobile home, whose interest has been perfected pursuant to the provisions of Section 66-3-201 NMSA 1978 and whose interest is prior to any other security interest in the mobile home; and

          L. "abandoned" means absence of the resident from the mobile home, without notice to the landlord, in excess of seven continuous days, providing such absence occurs after the mobile home lot rent is delinquent."

     SECTION 2. A new section of the Mobile Home Park Act is enacted to read:

     "[NEW MATERIAL] RENT STABILIZATION.--After July 1, 2025, a landlord may increase a tenant's rent only once within a twelve-month period. The rent from July 1, 2025 to June 30, 2026 shall not increase by more than three percent of the prior rent amount. After June 30, 2026, the total annual rent increase shall not exceed five percent."

     SECTION 3. 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] the Mobile Home Park Act, a landlord may be [charged a civil penalty not to exceed five hundred dollars ($500)] liable for two times the amount of the total monthly rent.

          B. 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]

          C. Each violation by a landlord of Sections 47-10-19 through 47-10-22 NMSA 1978 is an unfair or deceptive trade practice pursuant to the Unfair Practices Act that is actionable pursuant to the Unfair Practices Act."

     SECTION 4. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2025.

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