HOUSE GOVERNMENT, ELECTIONS AND INDIAN AFFAIRS

COMMITTEE SUBSTITUTE FOR

HOUSE MEMORIAL 35

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

 

 

 

 

 

 

 

A MEMORIAL

REQUESTING THE SUPERINTENDENT OF REGULATION AND LICENSING, THE NEW MEXICO MORTGAGE FINANCE AUTHORITY, THE PUBLIC REGULATION COMMISSION, THE GOVERNOR'S OFFICE OF HOUSING, THE CHAIR OF THE OPPORTUNITY ENTERPRISE AND HOUSING DEVELOPMENT REVIEW BOARD OR THE CHAIR'S DESIGNEE AND THE ATTORNEY GENERAL TO CREATE A WORK GROUP TO DEVELOP RECOMMENDATIONS FOR A STATE REGULATORY FRAMEWORK FOR MOBILE HOME PARKS.

 

     WHEREAS, manufactured homes, known in New Mexico law as mobile homes, are a major source of housing for New Mexico residents; and

     WHEREAS, mobile home park tenancies are unique because residents can own the home while renting the land the home occupies, but residents still risk the possibility of eviction; and

     WHEREAS, evictions from mobile home parks can be far more costly and risky to residents, especially to those who cannot afford to move, as residents must choose to pay five thousand dollars ($5,000) to ten thousand dollars ($10,000) to move or abandon the homes they own; and

     WHEREAS, in addition to the possibility of an extremely expensive move or significant loss of property, current state law does not limit the amount by which a mobile home park landlord may increase rent when rent increases occur; and

     WHEREAS, oversight and regulation of mobile home park tenancies are needed to create a state framework for rent fairness for this particularly vulnerable class of New Mexico residents;

     NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES OF THE STATE OF NEW MEXICO that the superintendent of regulation and licensing, the New Mexico mortgage finance authority, the public regulation commission, the governor's office of housing, the chair of the opportunity enterprise and housing development review board or the chair's designee and the attorney general be requested to create a work group to develop recommendations for:

          A. a regulatory framework for mobile home park tenancies after installation of homes in a park;

          B. rent increases, taking into account relevant resident circumstances, rates of inflation and fair rates of return to landlords while maintaining parks in safe condition and making necessary improvements; and

          C. other issues affecting mobile home parks, as determined by the work group; and

     BE IT FURTHER RESOLVED that the work group be chaired by the superintendent of regulation and licensing, who may appoint one or more co-chairs, and, in addition to the superintendent, the work group consist of representatives appointed by the superintendent of regulation and licensing, the New Mexico mortgage finance authority, the public regulation commission, the governor's office of housing, the chair of the opportunity enterprise and housing development review board or the chair's designee, the attorney general, a landlord of a mobile home park or the landlord's representative and a resident of a mobile home park or the resident's representative; and

     BE IT FURTHER RESOLVED that the regulation and licensing department provide the necessary staff and administrative support to the work group; and

     BE IT FURTHER RESOLVED that the work group report findings, conclusions and recommendations to the appropriate interim legislative committees that study housing and property issues based on the first report by December 1, 2025 and recommendations based on the second report by September 1, 2026 and that the work group elicit relevant testimony in forming recommendations; and

     BE IT FURTHER RESOLVED that copies of this memorial be transmitted to the superintendent of regulation and licensing, the New Mexico mortgage finance authority, the public regulation commission, the governor's office of housing, the chair of the opportunity enterprise and housing development review board and the attorney general for appropriate distribution.

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