reglab/housing_qa huggingface dataset:
NM Stat § 47-8-43 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-43 - Issuance of summons.

A. The summons shall be issued and directed, with a copy of the petition attached to the summons, and shall state the cause of the complaint, the answer day for other causes of action and notice that if the defendant fails to appear, judgment shall be entered against him. The summons may be served pursuant to the New Mexico rules of civil procedure and returned as in other cases. Trial of the action for possession shall be set as follows: (1) for any matter brought by the owner for possession, not less than seven or more than ten days after the service of summons; or (2) for any matter brought by the resident for possession, not less than three or more than five days after the service of summons. B. Upon finding of good cause, the court may continue the date of hearing on the action for possession for up to seven days from the date of the initial hearing. History: 1953 Comp., § 70-7-43, enacted by Laws 1975, ch. 38, § 43; 1995, ch. 195, § 20. ANNOTATIONSCross references. — For the Rules of Procedure for the District Courts, see Rule 1-001 NMRA et seq. The 1995 amendment, effective July 1, 1995, designated the existing language as Subsection A; in Subsection A, in the second sentence inserted "pursuant to the New Mexico rules of civil procedure" following "served" and deleted "or by any authorized person" from the end, deleted the former third sentence which read "The person making the service shall file with the court an affidavit stating with particularity the manner in which he made the service", substituted "shall be set as follows" for "shall be not less than seven nor more than ten days after the service of summons" at the end of the fourth sentence, added Paragraphs (1) and (2), and made minor stylistic changes throughout the subsection; and added Subsection B. 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. — 52A C.J.S. Landlord and Tenant § 741.
NM Stat § 47-8-44 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-44 - Absence from court of defendant.

If the defendant shall not appear in response to the summons, and it shall have been properly served, the court shall try the cause as though he were present. History: 1953 Comp., § 70-7-44, enacted by Laws 1975, ch. 38, § 44. ANNOTATIONSLaw reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
NM Stat § 47-8-45 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-45 - Legal or equitable defense.

On or before the day fixed for his appearance, the defendant may appear and answer and assert any legal or equitable defense, setoff or counterclaim. History: 1953 Comp., § 70-7-45, enacted by Laws 1975, ch. 38, § 45. ANNOTATIONSEviction subject to equitable defenses. — A court may find that a qualified indigent tenant of public housing need not be evicted solely because adjudged liable for back rent. Equitable principles may be applied to prevent eviction. City of Albuquerque v. Brooks, 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822. 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. — Rights and remedies of tenant upon landlord's breach of covenant to repair, 28 A.L.R.2d 446.
NM Stat § 47-8-46 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-46 - Writ of restitution.

A. Upon petition for restitution filed by the owner if judgment is rendered against the defendant for restitution of the premises, the court shall declare the forfeiture of the rental agreement and shall, at the request of the plaintiff or his attorney, issue a writ of restitution directing the sheriff to restore possession of the premises to the plaintiff on a specified date not less than three nor more than seven days after entry of judgment. B. Upon a petition for restitution filed by the resident, if judgment is rendered against the defendant for restitution of the premises, the court shall, at the request of the plaintiff or his attorney, issue a writ of restitution directing the sheriff to restore possession of the premises to the plaintiff within twenty-four hours after entry of judgment. History: 1953 Comp., § 70-7-46, enacted by Laws 1975, ch. 38, § 46; 1995, ch. 195, § 21. ANNOTATIONSThe 1995 amendment, effective July 1, 1995, added Subsection A; designated the existing language as Subsection B, and in that subsection, substituted "Upon a petition for restitution filed by the resident" for "Trial shall be had on the date or dates set as in all other cases, and" at the beginning, deleted "declare the forfeiture of the rental agreement and shall" following "the court shall", substituted "within twenty-four hours" for "specified date not more than seven days" near the end, and made minor stylistic changes throughout the subsection. Restitution not mandatory in back rent actions. — This section does not require that a court issue a writ of restitution if it renders a money judgment against a tenant based on causes of action such as back rent. City of Albuquerque v. Brooks, 1992-NMSC-069, 114 N.M. 572, 844 P.2d 822. 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. — Setoff or counterclaim in action by tenant against landlord for restitution under Federal Housing and Rent Act of 1947 and amendments, 10 A.L.R.2d 249. 52A C.J.S. Landlord and Tenant § 762.
NM Stat § 47-8-49 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-49 - Unlawful and forcible entry.

The laws and procedures of New Mexico pertaining to complaints of unlawful and forcible entry shall apply to actions for possession of any premises not subject to the provisions of the Uniform Owner-Resident Relations Act or the Mobile Home Park Act [Chapter 47, Article 10 NMSA 1978]. History: 1953 Comp., § 70-7-49, enacted by Laws 1975, ch. 38, § 49; 1995, ch. 195, § 24. ANNOTATIONSCross references. — For action for possession by owner, see 47-8-40 NMSA 1978. For inapplicability of general forcible entry or detainer provisions to actions by landlord, see 35-10-2 NMSA 1978. The 1995 amendment, effective July 1, 1995, rewrote the section to such an extent that a detailed comparison would be impracticable. 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. — 52A C.J.S. Landlord and Tenant §§ 720, 752 to 792.
NM Stat § 47-8-50 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-50 - Prior transactions valid.

Transactions entered into before the effective date of the Uniform Owner-Resident Relations Act, and not extended or renewed after that date, and the rights, duties and interests flowing from them remain valid and may be terminated, completed, consummated or enforced as required or permitted prior to the effective date of the Uniform Owner-Resident Relations Act. History: 1953 Comp., § 70-7-50, enacted by Laws 1975, ch. 38, § 50. ANNOTATIONSLaw reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
NM Stat § 47-8-51 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-51 - Applicability.

The provisions of the Uniform Owner-Resident Relations Act are applicable to rental agreements entered into or extended or renewed after the effective date and shall not be applicable to any agreements or conditions entered into between the owner and resident which provisions may alter agreements or conditions existing prior to the effective date of the provisions of the Uniform Owner-Resident Relations Act. History: 1953 Comp., § 70-7-51, enacted by Laws 1975, ch. 38, § 51. ANNOTATIONSSeverability. — Laws 1975, ch. 38, § 52 provided for the severability of the act if any part or application thereof is held invalid. Law reviews. — For survey, "The Uniform Owner-Resident Relations Act," see 6 N.M.L. Rev. 293 (1976).
NM Stat § 47-8-52 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8 - Owner-Resident Relations|Section 47-8-52 - Conflicts; applicability of law.

Unless a provision of the Mobile Home Park Act [Chapter 47, Article 10 NMSA 1978] directly conflicts with the provisions of the Uniform Owner-Resident Relations Act, the provisions of the Uniform Owner-Resident Relations Act shall apply to mobile home park owners and residents. History: Laws 1989, ch. 253, § 3.
NM Stat § 47-8A-1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 8A - Rent Control Prohibition|Section 47-8A-1 - Rent control prohibition.

A. No political subdivision or any home rule municipality shall enact an ordinance or resolution that controls or would have the effect of controlling rental rates for privately owned real property. B. This section does not impair the right of a state agency, county or municipality to otherwise manage or control its property. C. The provisions of Subsection A of this section do not apply to privately owned real property for which benefits or funding have been provided under contract by federal, state or local governments or a governmental instrumentality for the express purpose of providing reduced rents to low- or moderate-income tenants. History: Laws 1991, ch. 23, § 1.
NM Stat § 47-9-1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 9 - Right to Farm|Section 47-9-1 - Short title.

Sections 47-9-1 through 47-9-7 NMSA 1978 may be cited as the "Right to Farm Act". History: Laws 1981, ch. 287, § 1; 1991, ch. 129, § 1. ANNOTATIONSThe 1991 amendment, effective June 14, 1991, substituted "Sections 47-9-1 through 47-9-7 NMSA 1978" for "This act".
NM Stat § 47-9-2 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 9 - Right to Farm|Section 47-9-2 - Purpose of act.

The purpose of the Right to Farm Act is to conserve, protect, encourage, develop and improve agricultural land for the production of agricultural products and to reduce the loss to the state of its agricultural resources by limiting the circumstances under which agricultural operations may be deemed a nuisance. History: Laws 1981, ch. 287, § 2.
NM Stat § 47-9-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 9 - Right to Farm|Section 47-9-4 - Contracts; agreements.

The Right to Farm Act shall not invalidate any contracts made prior to the enactment of that act but shall be applicable only to contracts and agreements after the effective date of that act. This section shall not be construed to invalidate or supercede land uses and related powers of counties and municipalities. History: Laws 1981, ch. 287, § 4. ANNOTATIONSSeverability. — Laws 1981, ch. 287, § 5, provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 47-9-5 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 9 - Right to Farm|Section 47-9-5 - Definitions.

As used in the Right To Farm Act: A. "agricultural facility" includes but is not limited to any land, building, structure, pond, impoundment, appurtenance, machinery or equipment that is used for the commercial production or processing of crops, livestock, animals, poultry, honey bees, honey bee products, livestock products, poultry products or products that are used in commercial agriculture; B. "agricultural operation" means: (1) the plowing, tilling or preparation of soil at an agricultural facility; (2) the planting, growing, fertilizing or harvesting of crops; (3) the application of pesticides, herbicides, or other chemicals, compounds or substances to crops, weeds or soil in the connection with production of crops, livestock, animals or poultry; (4) the breeding, hatching, raising, producing, feeding, keeping, slaughtering or processing of livestock, hogs, aquatic animals, equines, chickens, turkeys, poultry or other fowl normally raised for food, mules, cattle, sheep, goats, rabbits or similar farm animals for commercial purposes; (5) the production and keeping of honey bees, production of honey bee products and honey bee processing facilities; (6) the production, processing or packaging of eggs or egg products; (7) the manufacturing of feed for poultry or livestock; (8) the rotation of crops; (9) commercial agriculture; (10) the application of existing, changed or new technology, practices, processes or products to an agricultural operation; or (11) the operation of a roadside market. History: 1978 Comp., § 47-9-5, enacted by Laws 1991, ch. 129, § 3.
NM Stat § 47-9-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 9 - Right to Farm|Section 47-9-6 - Damages.

The provisions of the Right to Farm Act do not affect or defeat the right of a person to recover damages from injuries or damages sustained by him because of the pollution of, or change in the condition of, waters of a stream or because of an overflow on his lands. History: 1978 Comp., § 47-9-6, enacted by Laws 1991, ch. 129, § 4.
NM Stat § 47-9-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 9 - Right to Farm|Section 47-9-7 - Frivolous lawsuits.

If a court determines that any action alleging that an agricultural operation is a nuisance is frivolous, the court may award reasonable costs and attorneys' fees to the defendant. History: 1978 Comp., § 47-9-7, enacted by Laws 1991, ch. 129, § 5. ANNOTATIONSSeverability. — Laws 1991, ch. 129, § 6 provided for the severability of the act if any part or application thereof is held invalid.
NM Stat § 47-10-1 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 47-10-1 - Short title.

Chapter 47, Article 10 NMSA 1978 may be cited as the "Mobile Home Park Act". History: Laws 1983, ch. 122, § 1; 1993, ch. 147, § 1. ANNOTATIONSCross reference. — For the Uniform Home Resident Relations Act, see 47-8-1 NMSA 1978. The 1993 amendment, effective July 1, 1993, substituted "Chapter 47, Article 10 NMSA 1978" for "Section 1 through 18 of this act". Acts linked. — Although the Uniform Owner-Resident Relations Act, Section 47-8-1 NMSA 1978 et seq., governs the rights and obligations of owners and residents of "dwelling units," and the Mobile Home Park Act governs tenancy in a "mobile home park," the legislature has linked the two acts in that the latter provides that an action for termination shall be commenced and prosecuted in the manner described in the former. Martinez v. Sedillo, 2005-NMCA-029, 137 N.M. 103, 107 P.3d 543. Am. Jur. 2d, A.L.R. and C.J.S. references. — Landlord's fraud, deceptive trade practices, and the like, in connection with mobile home owner's lease or rental of landsite, 39 A.L.R.4th 859. Validity, construction, and application of mobile home eviction statutes, 43 A.L.R.5th 705.
NM Stat § 47-10-4 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 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 [47-8-1 to 47-8-52 NMSA 1978]. The property description 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; 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. History: Laws 1983, ch. 122, § 4. ANNOTATIONSActs linked. — Although the Uniform Owner-Resident Relations Act, Section 47-8-1 NMSA 1978 et seq., governs the rights and obligations of owners and residents of "dwelling units," and the Mobile Home Park Act governs tenancy in a "mobile home park," the legislature has linked the two acts in that the latter provides that an action for termination shall be commenced and prosecuted in the manner described in the former. Martinez v. Sedillo, 2005-NMCA-029, 137 N.M. 103, 107 P.3d 543.
NM Stat § 47-10-5 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 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. failure of the tenant to comply with local ordinances and state laws and regulations concerning mobile homes; B. conduct of the tenant on the premises which constitutes an annoyance to other tenants or interference with park management; C. 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, 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; 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 mobile home park is the subject of a condemnation proceeding, the landlord shall, within seventeen days, notify his tenants in writing of the terms of the condemnation notice which he receives; or E. in those cases where the zoning law allows the landlord to change the use of his 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 eviction a written notice of his intent to evict not less than six months prior to such change of use of the land, notice to be mailed to each tenant. History: Laws 1983, ch. 122, § 5.
NM Stat § 47-10-6 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 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 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. History: Laws 1983, ch. 122, § 6; 1993, ch. 147, § 3. ANNOTATIONSThe 1993 amendment, effective July 1, 1993, substituted "sixty" for "thirty" in the second sentence.
NM Stat § 47-10-7 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 47-10-7 - Common areas; tenant meetings.

Common areas of a mobile home park shall be open to all residents of the mobile home park at all reasonable times subject to such conditions and limitations as are imposed by written regulations of the mobile home park owner or management. Meetings of tenants relating to mobile home living and affairs held in their park community hall or recreation hall, if such facility or similar facility exists, shall not be subject to prohibition by the park management if the hall is reserved according to park rules and such meetings are held at reasonable hours and when the facility is not otherwise in use. History: Laws 1983, ch. 122, § 7.
NM Stat § 47-10-8 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 47-10-8 - Security deposits.

The owner of a mobile home park or his agents may charge a security deposit not greater than the amount of one month's rent or two months' rent for multiwide units. History: Laws 1983, ch. 122, § 8.
NM Stat § 47-10-11 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 47-10-11 - Closed parks prohibited.

A. The management shall not require, as a condition of tenancy in a mobile home park, that the prospective tenant purchase a mobile home from a particular seller or from any one of a particular group of sellers and shall not require that the management act as agent in the future sale of the mobile home. B. The management shall not give any special preference in renting to a prospective tenant who has purchased a mobile home from a particular seller. C. A seller of mobile homes shall not require as a condition of sale that a purchaser locate in a particular mobile home park or in any one of a particular group of mobile home parks. D. The management shall not prohibit the listing or sale of a mobile home within the park by the owner of the mobile home or the owner's agent. The management shall not require as a condition of sale that the management serve as the selling agent. E. The management shall treat all persons equally in evaluating credit or renting or leasing available space, except that a park may be designated for housing for older persons after a six months' notice to the residents, provided that the management complies with all applicable procedures of state and federal antidiscrimination laws, including the federal Fair Housing Act, 42 U.S.C. Sections 3601-3619. History: Laws 1983, ch. 122, § 11; 1997, ch. 186, § 2; 2007, ch. 194, § 1. ANNOTATIONSThe 2007 amendment, effective June 15, 2007, amended Subsection E to permit a mobile home park to be designated for older persons if management complies with all applicable procedures of state and federal antidiscrimination laws. The 1997 amendment, effective June 20, 1997, in Subsection A, substituted "purchase" for "has purchased" and added the language beginning "and shall not"; added Subsection D and redesignated former Subsection D as Subsection E; and inserted "evaluating credit or" in Subsection E.
NM Stat § 47-10-12 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 47-10-12 - Selling fees prohibited.

The owner of a mobile home park or his agent shall not require payment of any type of selling fee or transfer fee by either a tenant in the park wishing to sell his mobile home to another party or by any party wishing to buy a mobile home from a tenant in the park as a condition of tenancy in a mobile home park for the prospective buyer. This section shall in no way prevent the owner of a mobile home park or his agent from applying the normal park standards to prospective buyers before granting or denying tenancy or from charging a reasonable selling fee or transfer fee for services actually performed and agreed to in writing by the tenant. Nothing in this section shall be construed to affect the rent charged. History: Laws 1983, ch. 122, § 12.
NM Stat § 47-10-13 (2021)
2021 New Mexico Statutes|Chapter 47 - Property Law|Article 10 - Mobile Home Parks|Section 47-10-13 - Certain types of landlord-seller agreements prohibited.

A seller of mobile homes shall not pay or offer cash or other consideration other than rent to the owner of a mobile home park or his agent for the purpose of reserving spaces or otherwise inducing acceptance of one or more mobile homes in a mobile home park. History: Laws 1983, ch. 122, § 13. ANNOTATIONSCross references. — For Real Estate Disclosure Act, see 47-13-1 NMSA 1978.