When a renter in New Mexico can’t obtain necessary repairs, before beginning a court case it’s usually possible to file a report with the proper government departments about the unsafe conditions on the property. Code inspectors have the power to order repairs or fine noncompliant landlords.
What Are Considered Unsafe Living Conditions in New Mexico?
In New Mexico, unsafe living conditions exist when a rental property doesn’t have safe and working:
- Plumbing.
- Required utilities.
- Heating.
- Hot water.
- Garbage containers and removal.
- Required smoke alarms and carbon monoxide (CO) detectors.
- Provided appliances.
- Common areas.
- Features that affect health, safety, or habitability, or are required by local code.
What Should Tenants Do Before Reporting a Violation in New Mexico?
In most cases, before reporting a violation, a tenant in New Mexico must notify the landlord in writing about the issue and ask him to fix it within seven days.
How Can Tenants Report a Violation in New Mexico?
Tenants in New Mexico should report violations to the local office or officers responsible for housing code enforcement. The exact process depends on municipality.
| Location | Organization | Contact |
| Albuquerque | ABQ311 | Online Form |
| Las Cruces | Codes Enforcement Supervisor | Call (575) 528-4100 email |
| Rio Rancho | Code Enforcement | Online Form |
After receiving a complaint, an inspecting officer might contact the tenant for more information. Then the officer will usually inspect the property and cite the landlord for any code violations.
How Can a Tenant Report a Health or Safety Violation in Albuquerque?
A tenant in Albuquerque can report a health or safety violation by calling ABQ311 at (505) 768-2000 or using the provided online form. Issues will fall under the “Other” category. Enter a location, provide photos if available, describe the issue, and either submit anonymously or provide contact information for followup.
How Can a Tenant Report a Health or Safety Violation in Las Cruces?
A tenant in Las Cruces can report a health or safety violation by calling the Codes Enforcement Supervisor at (575) 528-4100 or submitting a complaint via email. Be prepared to provide location, a detailed description of the issue, and contact information for followup.
How Can a Tenant Report a Health or Safety Violation in Rio Rancho?
A tenant in Rio Rancho can report a health or safety violation by calling Code Enforcement at (505) 891-5864 or using the provided online form. The reporting website requires account creation. Select an issue, provide a location, describe the issue, attach supplemental documentation (if available), and submit.
What Could Happen to a Landlord After a Complaint Is Made in New Mexico?
After a tenant files a complaint about unsafe living conditions in New Mexico, an officer may inspect the property. The landlord must fix noted code violations. Otherwise, the landlord could be fined and the local government might file to condemn the property.
Sources
- 1 N.M. Stat. Ann. § 47-8-20(A)(1) - (A)(5) (2022)
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“The owner shall: (1) substantially comply with requirements of the applicable minimum housing codes materially affecting health and safety;
“(2) make repairs and do whatever is necessary to put and keep the premises in a safe condition as provided by applicable law and rules and regulations as provided in Section 47-8-23 NMSA 1978;
“(3) keep common areas of the premises in a safe condition;
“(4) maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances, including elevators, if any, supplied or required to be supplied by him;
“(5) provide and maintain appropriate receptacles and conveniences for the removal of ashes, garbage, rubbish and other waste incidental to the occupancy of the dwelling unit and arrange for their removal from the appropriate receptacle.”
Source Link - 2 N.M. Stat. Ann. § 47-8-20(A)(6) (2022)
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“The owner shall supply running water and a reasonable amount of hot water at all times and reasonable heat, except where the building that includes the dwelling unit is not required by law to be equipped for that purpose or the dwelling unit is so constructed that heat or hot water is generated by an installation within the exclusive control of the resident and supplied by a direct public utility connection.”
Source Link - 3 N.M. Stat. Ann. § 47-8-20(B) (2022)
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“If there exists a minimum housing code applicable to the premises, the owner’s maximum duty under this section shall be determined by Paragraph (1) of Subsection A of this section. The obligations imposed by this section are not intended to change existing tort law in the state.”
Source Link - 4 2015 N.M. Comm’l Building Code § 907.2.11.2 (2015)
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“Single-or multiple-station smoke alarms shall be installed and maintained… On the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms. In each room used for sleeping purposes. In each story within a dwelling unit, including basements but not including crawl spaces and uninhabitable attics. In dwellings or dwelling units with split levels and without an intervening door between the adjacent levels, a smoke alarm installed on the upper level shall suffice for the adjacent lower level provided that the lower level is less than one full story below the upper level.”
Source Link - 5 2009 Int’l Resid. Code §§ R315.1 & 2 (2009)
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New Mexico incorporates the 2009 International Residential Code, with amendments. “For new construction, an approved carbon monoxide alarm shall be installed outside of each separate sleeping area in the immediate vicinity of the bedrooms in dwelling units within which fuel-fired appliances are installed and in dwelling units that have attached garages. Where work requiring a permit occurs in existing dwellings that have attached garages or in existing dwellings within which fuel-fired appliances exist, carbon monoxide alarms shall be provided in accordance with Section R315.1.
Source Link - 6 N.M. Stat. Ann. § 47-8-27.1(A)(1) (2022)
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“Upon the failure of the owner to perform his obligations as required by Section 47-8-20 NMSA 1978 [landlord’s responsibilities for habitability], the resident shall give written notice to the owner specifying the breach and if there is a material noncompliance by the owner with the rental agreement or a noncompliance with the Uniform Owner-Resident Relations Act materially affecting health and safety, the resident shall deliver a written notice to the owner specifying the acts and omissions constituting the breach. The notice shall state that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if a reasonable attempt to remedy the breach is not made in seven days, and the rental agreement shall terminate as provided in the notice. If the owner makes a reasonable attempt to adequately remedy the breach prior to the date specified in the notice, the rental agreement shall not terminate. If the rental agreement is terminated by the resident and possession restored to the owner, the owner shall return the balance, if any, of prepaid rent and deposit to which the resident is entitled pursuant to the rental agreement or Section 47-8-18 NMSA 1978.”
Source Link - 7 N.M. Stat. Ann. § 47-8-27.2(A) (2022)
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“If there is a violation of Subsection A of Section 47-8-20 NMSA 1978 [landlord’s responsibilities for habitability], other than a failure or defect in an amenity, the resident shall give written notice to the owner of the conditions needing repair. If the owner does not remedy the conditions set out in the notice within seven days of the notice, the resident is entitled to abate rent as set forth below.”
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