HOUSE BILL 13
54th legislature - STATE OF NEW MEXICO - first special session, 2020
Angelica Rubio and Andrea Romero and Daymon Ely
RELATING TO HOUSING; ALLOWING THE GOVERNOR TO ISSUE A STATEWIDE MORATORIUM REGARDING RESIDENTIAL EVICTIONS DURING A PUBLIC HEALTH EMERGENCY; DECLARING AN EMERGENCY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. [NEW MATERIAL] MORATORIUM ON EVICTIONS DURING A PUBLIC HEALTH EMERGENCY.--
A. For the duration of a public health emergency as declared by an executive order promulgated by the governor pursuant to Section 12-10A-5 NMSA 1978 and for twelve months after the termination of the executive order, no landlord may evict a residential tenant for failure to pay rent.
B. During the period of the executive order declaring a public health emergency and the time after the termination of the executive order, a residential tenant shall remain under obligation to pay rent that has been lawfully charged pursuant to an existing agreement between the landlord and the residential tenant.
C. Except for an agreement reached between a landlord and a residential tenant as provided in Subsection E of this section, a residential tenant shall have twelve months after the termination of an executive order declaring a public health emergency to pay any outstanding rent incurred during the period of the public health emergency as declared by the executive order.
D. A landlord shall not raise rent and shall not charge any late penalties, fees or interest on any missed payments for the duration of an executive order declaring a public health emergency and for twelve months after the termination of the executive order.
E. A landlord and a residential tenant shall, in good faith, attempt to negotiate a payment plan for unpaid rent. Nothing in this section prohibits a landlord or a residential tenant from agreeing to a payment plan that shall exist longer than the duration of the executive order declaring the public health emergency and twelve months from the termination of the executive order.
F. No landlord shall terminate tenancy or refuse to renew a lease with a residential tenant for any reason other than good cause to protect health and safety pursuant to the provisions of Section 47-8-33 NMSA 1978.
G. No landlord shall refuse payment from a tenant that is made up of, in whole or in part, assistance from a nonprofit entity or a federal, state or local government.
H. As used in this section, "landlord" means a person, business or other entity that owns or manages residential property or an agent of a person, business or other entity that owns or manages residential property.
SECTION 2. EMERGENCY.--It is necessary for the public peace, health and safety that this act take effect immediately.
- 3 -