Summary:

 House Bill 418 (HB 418) relates to mobile homes, prohibiting initial rental agreements shorter than twenty-four months. Further, the bill clarifies notice requirements; increases the period in which a writ (written order) of restitution may be served after judgment; prohibits landlords from unreasonably restricting the sale of a mobile home; eliminates a party's option to terminate a dispute resolution process; requires landlords to disclose a mailing address in a termination action; increases the notice period for nonpayment of rent; prohibits landlords from increasing rent during land use change notice periods; requires landlords to provide notice of land use change hearings; revises civil remedies; increases the amount a tenant may recover; and prescribes civil penalties. 

Legislation Overview:

 House Bill 418 (HB 418) is amended, adding the following statements:

“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.” 

“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.”

“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 47-10-4 NMSA 1978 is amended to clarify notice requirements.

Section 47-10-5 NMSA 1978 is amended to prohibit landlords from increasing rent during land use change notice periods, stating:

“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 47-10-4 NMSA 1978 is amended to require landlords to disclose a mailing address in a termination action.

Section 47-10-23 NMSA 1978 is amended to revise civil remedies, stating:

“For each violation by a landlord of the provisions of Sections 47-10-19 through 47-10-22 NMSA 1978…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.”


 

Current Law:

 Current law does not prohibit initial rental agreements shorter than twenty-four months. Further, the clarification on notice requirements is not available and the period in which a writ (written order) of restitution may be served after judgment is forty-eight hours (the bill proposes ten days). Current law does not prohibit landlords from unreasonably restricting the sale of a mobile home, nor eliminate a party's option to terminate a dispute resolution process. Landlords are not required to disclose a mailing address in a termination action; the notice period for nonpayment of rent is three days (the bill proposes thirty days); landlords are not prohibited from increasing rent during land use change notice periods; and landlords are not required to provide notice of land use change hearings. A landlord is currently charged a civil penalty not to exceed five hundred dollars (the bill proposes the landlord be liable to the tenant for two times the amount of the total monthly rent).