2021 New Mexico Statutes
Chapter 47 - Property Law
Article 8 - Owner-Resident Relations
Section 47-8-39 - Owner retaliation prohibited.
A. An owner may not retaliate against a resident who is in compliance with the rental agreement and not otherwise in violation of any provision of the Uniform Owner-Resident Relations Act by increasing rent, decreasing services or by bringing or threatening to bring an action for possession because the resident has within the previous six months:
(1) complained to a government agency charged with responsibility for enforcement of a minimum building or housing code of a violation applicable to the premises materially affecting health and safety;
(2) organized or become a member of a residents' union, association or similar organization;
(3) acted in good faith to exercise his rights provided under the Uniform Owner-Resident Relations Act, including when the resident makes a written request or complaint to the owner to make repairs to comply with the owner's obligations under Section 47-8-20 NMSA 1978;
(4) made a fair housing complaint to a government agency charged with authority for enforcement of laws or regulations prohibiting discrimination in rental housing;
(5) prevailed in a lawsuit as either plaintiff or defendant or has a lawsuit pending against the owner relating to the residency;
(6) testified on behalf of another resident; or
(7) abated rent in accordance with the provisions of Section 47-8-27.1 or 47-8-27.2 NMSA 1978.
B. If the owner acts in violation of Subsection A of this section, the resident is entitled to the remedies provided in Section 47-8-48 NMSA 1978 and the violation shall be a defense in any action against him for possession.
C. Notwithstanding the provisions of Subsection A of this section, the owner may increase the rent or change services upon appropriate notice at the end of the term of the rental agreement or as provided under the terms of the rental agreement if the owner can establish that the increased rent or changes in services are consistent with those imposed on other residents of similar rental units and are not directed at the particular resident, but are uniform.
History: 1953 Comp., § 70-7-39, enacted by Laws 1975, ch. 38, § 39; 1989, ch. 253, § 1; 1995, ch. 195, § 18; 1999, ch. 91, § 6.
ANNOTATIONSThe 1999 amendment, effective June 18, 1999, substituted "six months" for "three months" near the end of the introductory language of Subsection A and made a minor stylistic change.
The 1995 amendment, effective July 1, 1995, in subsection A, deleted "Except as provided in this section" from the beginning, added "the resident has within the previous three months:" to the end, deleted "the resident, who is in compliance with the rental agreement and not otherwise in violation of any provision of that act, has" from the beginning of Paragraph (1), inserted "association" following "union" in Paragraph (2), substituted all the language at the end of Paragraph (3) beginning "the Uniform Owner-Resident Relations Act" for "that act", and added Paragraphs (4) to (7); in Subsection B, substituted "remedies provided in 47-8-48" for "remedies provided in 47-8-29", substituted "the violation shall be a defense in any action" for "has a defense in action", and deleted "Nothing in this section shall be construed as prohibiting reasonable rent increases or changes in services notwithstanding the occurence of acts specified in Subsection A of this section" from the end of Subsection B; added Subsection C; and made minor stylistic changes throughout the section.
The 1989 amendment, effective June 16, 1989, added Subsection A(3), and made minor stylistic changes throughout the section.
Action uniform to all tenants. — Where the owner's decision to discontinue participation in the housing program was to be uniformly applied to all of the low-income tenants as their leases expired, the tenant could not base her retaliation defense on the owner's decision to discontinue the program. Carol Rickert & Assocs. v. Law, 2002-NMCA-096, 132 N.M. 687, 54 P.3d 91.
No right to complain about neighbors. — Subsection A(3) does not bar an owner's otherwise proper action for possession of the premises after termination of a month-to-month residency, where the owner is retaliating against the resident for complaining about noisy neighbors. Casa Blanca Mobile Home Park v. Hill, 1998-NMCA-094, 125 N.M. 465, 963 P.2d 542.
Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
Am. Jur. 2d, A.L.R. and C.J.S. references. — Retaliatory eviction of tenant for reporting landlord's violation of law, 23 A.L.R.5th 140.
