SENATE BILL 563

54th legislature - STATE OF NEW MEXICO - first session, 2019

INTRODUCED BY

Daniel A. Ivey-Soto

 

 

 

 

 

AN ACT

RELATING TO RENTAL PROPERTY; AMENDING SECTION 34-8A-6 NMSA 1978 (BEING LAWS 1979, CHAPTER 346, SECTION 6, AS AMENDED) TO REMOVE METROPOLITAN COURTS AS COURTS OF RECORD FOR CIVIL ACTIONS PURSUANT TO THE UNIFORM OWNER-RESIDENT RELATIONS ACT; AMENDING THE UNIFORM OWNER-RESIDENT RELATIONS ACT TO LIMIT THE STAY OF EXECUTION ON AN APPEAL BY A RESIDENT OF A WRIT OF RESTITUTION AND ALLOWING A COURT TO REQUIRE AN APPELLANT TO POST A BOND PENDING THE APPEAL.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     SECTION 1. Section 34-8A-6 NMSA 1978 (being Laws 1979, Chapter 346, Section 6, as amended) is amended to read:

     "34-8A-6. METROPOLITAN COURT--RULES--APPEAL.--

          A. The supreme court shall adopt separate rules of procedure for the metropolitan courts. The rules shall provide simple procedures for the just, speedy and inexpensive determination of any metropolitan court action.

          B. Other than for actions brought pursuant to the Uniform Owner-Resident Relations Act, the metropolitan court is a court of record for civil actions. Any party aggrieved by a judgment rendered by the metropolitan court in a civil action may appeal to the district court of the county in which the metropolitan court is located within fifteen days after the judgment was rendered. The manner and method for the appeal shall be set forth by supreme court rule.

          C. The metropolitan court is not a court of record for civil actions brought pursuant to the Uniform Owner-Resident Relations Act. Any party aggrieved by a judgment rendered by the metropolitan court in a civil action brought pursuant to the Uniform Owner-Resident Relations Act may appeal to the district court of the county in which the metropolitan court is located within fifteen days after the judgment was rendered. The appeal shall be de novo.

          [C.] D. The metropolitan court is a court of record for criminal actions involving driving while under the influence of intoxicating [liquors] liquor or drugs or involving domestic violence. A criminal action involving domestic violence means an assault or battery under any state law or municipal or county ordinance in which the alleged victim is a household member as defined in the Family Violence Protection Act. Any party aggrieved by a judgment rendered by the metropolitan court in a criminal action involving driving while under the influence of intoxicating [liquors] liquor or drugs or involving domestic violence may appeal to the district court of the county in which the metropolitan court is located within fifteen days after the judgment was rendered. The manner and method of appeal shall be set forth by supreme court rule.

          [D.] E. The metropolitan court is not a court of record for criminal actions other than driving while under the influence of intoxicating [liquors] liquor or drugs or domestic violence actions. Any party aggrieved by a judgment rendered by the metropolitan court in a criminal action, other than driving while under the influence of intoxicating [liquors] liquor or drugs or domestic violence action, may appeal to the district court of the county in which the metropolitan court is located within fifteen days after the judgment was rendered. The appeal shall be de novo.

          [E.] F. All judgments rendered in civil actions in the metropolitan court shall be subject to the same provisions of law as those rendered in district court."

     SECTION 2. Section 47-8-46 NMSA 1978 (being Laws 1975, Chapter 38, Section 46, as amended) is amended to read:

     "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] the plaintiff's 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] or more than seven days after entry of judgment. The defendant and all other occupants shall be enjoined and prohibited from reentering the premises without the permission of the owner for one hundred eighty days following the execution of the writ. This prohibition on return shall not affect the owner's duty to make any personal property of the defendant left in the dwelling unit available for three days following the execution of the writ of restitution.

          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] the plaintiff's 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."

     SECTION 3. Section 47-8-47 NMSA 1978 (being Laws 1975, Chapter 38, Section 47, as amended) is amended to read:

     "47-8-47. APPEAL [STAYS EXECUTION].--

          A. If either party feels aggrieved by the judgment, that party may appeal as in other civil actions. An appeal by the [defendant] resident shall stay the execution of any writ of restitution; provided that:

                (1) in a matter where the dispute solely concerns a failure to pay rent, a stay pending appeal shall be maintained only if the renter continues to pay rent;

                (2) in a matter where an issue is in dispute that does not concern rent, a stay pending appeal shall be on such terms set by the court, including a bond or other conditions designed to protect the interests of the owner; and

                (3) in cases in which the resident is the appellant, the execution of the writ of restitution shall not be stayed unless, in addition to a bond or other terms imposed by the court, the resident, within five days of the filing of the notice of appeal, pays to the owner or into an escrow account with a professional escrow agent an amount equal to the rental amount that shall come due from the day following the judgment through the end of that rental period. The resident shall continue to pay the monthly rent established by the rental agreement at the time the complaint was filed, on a monthly basis on the date rent would otherwise become due. Payments pursuant to this subsection by a subsidized resident shall not exceed the actual amount of monthly rent paid by that resident. When the resident pays the owner directly, the owner shall immediately provide a written receipt to the resident upon demand. When the resident pays into an escrow account, the resident shall cause such amounts to be paid over to the owner immediately upon receipt unless otherwise ordered by the court. Upon the failure of the resident or the escrow agent to make a monthly rent payment on the first day rent would otherwise be due, the owner may serve a three-day written notice on the resident pursuant to Subsection D of Section 47-8-33 NMSA 1978. If the resident or the resident's escrow agent fails to pay the rent within the three days, a hearing on the issue shall be scheduled within ten days from the date the court is notified of the failure to pay rent. In the case of an appeal de novo, the hearing shall be in the court in which the appeal will be heard. If, at the hearing, the court finds that rent has not been paid, the court shall immediately lift the stay and issue the writ of restitution unless the resident demonstrates a legal justification for failing to comply with the rent payment requirement. An order revoking the stay granted during the appeal shall not be automatically stayed by an appeal.

          B. In order to stay the execution of a money judgment, the trial court, within its discretion, may require an appellant to deposit with the clerk of the trial court the amount of judgment and costs or to give a supersedeas bond in the amount of judgment and costs with or without surety. Any bond or deposit shall not be refundable during the pendency of any appeal."

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