0001| AN ACT | 0002| RELATING TO PROPERTY; PROVIDING PROCEDURES AND REMEDIES FOR | 0003| ESTABLISHING AND ENFORCING LIENS INVOLVING MOBILE HOMES AND MOBILE | 0004| HOME PARKS. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 47-8-3 NMSA 1978 (being Laws 1975, Chapter 38, Section 3, as | 0008| amended) is amended to read: | 0009| "47-8-3. DEFINITIONS.--As used in the Uniform Owner-Resident Relations Act: | 0010| A. "abandonment" means absence of the resident from the dwelling, without | 0011| notice to the owner, in excess of seven continuous days; providing such absence occurs only after | 0012| rent for the dwelling unit is delinquent; | 0013| B. "action" includes recoupment, counterclaim, set off, suit in equity and any | 0014| other proceeding in which rights are determined, including an action for possession; | 0015| C. "codes" includes building codes, housing codes, health and safety codes, | 0016| sanitation codes and any law, ordinance or governmental regulation concerning fitness for | 0017| habitation or the construction, maintenance, operation, occupancy or use of a dwelling unit; | 0018| D. "deposit" means an amount of currency or instrument delivered to the owner | 0019| by the resident as a pledge to abide by terms and conditions of the rental agreement; | 0020| E. "dwelling unit" means a structure, mobile home or the part of a structure, | 0021| including a hotel or motel, that is used as a home, residence or sleeping place by one person who | 0022| maintains a household or by two or more persons who maintain a common household and | 0023| includes a parcel of land leased by its owner for use as a site for the parking of a mobile home; | 0024| F. "eviction" means any action initiated by the owner to regain possession of a | 0025| dwelling unit and use of the premises under terms of the Uniform Owner-Resident Relations Act; | 0001| G. "fair rental value" is that value that is comparable to the value established in | 0002| the market place; | 0003| H. "good faith" means honesty in fact in the conduct of the transaction concerned | 0004| as evidenced by all surrounding circumstances; | 0005| I. "normal wear and tear" means deterioration that occurs based upon the use for | 0006| which the rental unit is intended, without negligence, carelessness, accident, abuse or intentional | 0007| damage of the premises, equipment or chattels of the owner by the residents or by any other | 0008| person in the dwelling unit or on the premises with the resident's consent; however, uncleanliness | 0009| does not constitute normal wear and tear; | 0010| J. "organization" includes a corporation, government, governmental subdivision | 0011| or agency thereof, business trust, estate, trust, partnership or association, two or more persons | 0012| having a joint or common interest or any other legal or commercial entity; | 0013| K. "owner" means one or more persons, jointly or severally, in whom is vested: | 0014| (1) all or part of the legal title to property, but shall not include the limited | 0015| partner in an association regulated under the Uniform Limited Partnership Act; or | 0016| (2) all or part of the beneficial ownership and a right to present use and | 0017| enjoyment of the premises and agents thereof and includes a mortgagee in possession and the | 0018| lessors, but shall not include a person or persons, jointly or severally, who as owner leases the | 0019| entire premises to a lessee of vacant land for apartment use; | 0020| L. "person" includes an individual, corporation, entity or organization; | 0021| M. "premises" means facilities, facilities and appurtenances, areas and other | 0022| facilities held out for use of the resident or whose use is promised to the resident coincidental | 0023| with occupancy of a dwelling unit; | 0024| N. "rent" means payments in currency or in-kind under terms and conditions of | 0025| the rental agreement for use of a dwelling unit or premises, to be made to the owner by the | 0001| resident, but does not include deposits; | 0002| O. "rental agreement" means all written agreements between an owner and | 0003| resident and valid rules and regulations adopted under Section 47-8-23 NMSA 1978 embodying | 0004| the terms and conditions concerning the use and occupancy of a dwelling unit or premises; | 0005| P. "resident" means a person entitled under a rental agreement to occupy a | 0006| dwelling unit in peaceful possession to the exclusion of others and includes the owner of a | 0007| mobile home renting premises, other than a lot or parcel in a mobile home park, for use as a site | 0008| for the location of the mobile home; | 0009| Q. "roomer" means a person occupying a dwelling unit that lacks a major | 0010| bathroom or kitchen facility in a structure where one or more major facilities are used in common | 0011| by occupants of the dwelling units. As referred to in this subsection, "major facility", in the case | 0012| of a bathroom, means toilet and either a bath or shower and, in the case of a kitchen, means | 0013| refrigerator, stove or sink; | 0014| R. "single family residence" means a structure maintained and used as a single | 0015| dwelling unit. Notwithstanding that a dwelling unit shares one or more walls with another | 0016| dwelling unit, it is a single family residence if it has direct access to a street or thoroughfare and | 0017| shares neither heating facilities, hot water equipment nor any other essential facility or service | 0018| with any other dwelling unit; | 0019| S. "substantial violation" means any act or series of acts that occur in the dwelling | 0020| unit or on the premises by the resident or with the resident's consent and: | 0021| (1) is a felony under the Controlled Substances Act; | 0022| (2) involves a deadly weapon and is a felony under the Criminal Code; | 0023| (3) is assault with intent to commit a violent felony, murder, criminal | 0024| sexual penetration, robbery or burglary under the Criminal Code; or | 0025| (4) is criminal damage to property and a felony under the Criminal Code; | 0001| T. "term" is the period of occupancy specified in the rental agreement; and | 0002| U. "transient occupancy" means occupancy of a dwelling unit for which rent is | 0003| paid on less than a weekly basis or where the resident has not manifested an intent to make the | 0004| dwelling unit a residence or household." | 0005| Section 2. Section 47-10-2 NMSA 1978 (being Laws 1983, Chapter 122, Section 2, as | 0006| amended) is amended to read: | 0007| "47-10-2. DEFINITIONS.--As used in the Mobile Home Park Act: | 0008| A. "landlord" or "management" means the owner or any person responsible for | 0009| operating and managing a mobile home park or an agent, employee or representative authorized | 0010| to act on the management's behalf in connection with matters relating to tenancy in the park; | 0011| B. "mobile home" means a single-family dwelling built on a permanent chassis | 0012| designed for long-term residential occupancy and containing complete electrical, plumbing and | 0013| sanitary facilities designed to be installed in a permanent or semipermanent manner with or | 0014| without a permanent foundation, which dwelling is capable of being drawn over public highways | 0015| as a unit or in sections by special permit. "Mobile home" does not include a recreational travel | 0016| trailer or a recreational vehicle, as those terms are defined in Section 66-1-4.15 NMSA 1978; | 0017| C. "mobile home park", "trailer park" or "park" means a parcel of land used for | 0018| the continuous accommodation of twelve or more occupied mobile homes and operated for the | 0019| pecuniary benefit of the owner of the parcel of land, his agents, lessees or assignees. "Mobile | 0020| home park" does not include mobile home subdivisions or property zoned for manufactured | 0021| home subdivisions; | 0022| D. "mobile home space", "space", "mobile home lot" or "lot" means a parcel of | 0023| land within a mobile home park designated by the management to accommodate one mobile | 0024| home and its accessory buildings and to which the required sewer and utility connections are | 0025| provided by the mobile home park; | 0001| E. "premises" means a mobile home park and existing facilities and | 0002| appurtenances therein, including furniture and utilities where applicable, and grounds, areas and | 0003| existing facilities held out for the use of the residents generally or the use of which is promised to | 0004| the resident; | 0005| F. "rent" means any money or other consideration to be paid to the management | 0006| for the right of use, possession and occupation of the premises; | 0007| G. "rental agreement" means a written agreement, including those conditions | 0008| implied by law, between the management and the resident establishing the terms and conditions | 0009| of a tenancy, including reasonable rules and regulations promulgated by the park management. A | 0010| lease is a rental agreement; | 0011| H. "resident" means any person or family of such person owning a mobile home | 0012| that is subject to a tenancy in a mobile home park under a rental agreement; | 0013| I. "tenancy" means the right of a resident to use a space or lot within a park on | 0014| which to locate, maintain and occupy a mobile home, lot improvements and accessory structures | 0015| for human habitation, including the use of services and facilities of the park; | 0016| J. "utility services" means electric, gas, water or sewer services, but does not | 0017| include refuse services; | 0018| K. "first lienholder" means a person or his successor in interest who has a security | 0019| interest in a mobile home, whose interest has been perfected pursuant to the provisions of Section | 0020| 66-3-201 NMSA 1978 and whose interest is prior to any other security interest in the mobile | 0021| home; and | 0022| L. "abandoned" means absence of the resident from the mobile home, without | 0023| notice to the landlord, in excess of seven continuous days, providing such absence occurs after | 0024| the mobile home lot rent is delinquent." | 0025| Section 3. Section 47-10-9 NMSA 1978 (being Laws 1983, Chapter 122, Section 9) is | 0001| amended to read: | 0002| "47-10-9. REMEDIES.-- | 0003| A. Upon granting judgment for possession by the landlord in a forcible entry and | 0004| detainer action, the court shall issue the writ of restitution as provided in Section 47-8-46 NMSA | 0005| 1978. | 0006| B. The notice of judgment shall state that at a specified time, not less than | 0007| forty-eight hours from the entry of judgment, the sheriff will return to serve a writ of restitution | 0008| and superintend the peaceful and orderly removal of the mobile home under that order of court. | 0009| The notice of judgment shall also advise the mobile home owner to prepare the mobile home for | 0010| removal from the premises by removing the skirting, disconnecting utilities, attaching tires and | 0011| otherwise making the mobile home safe and ready for highway travel. | 0012| C. Should the mobile home owner fail to have the mobile home safe and ready | 0013| for physical removal from the premises or should inclement weather or other unforeseen | 0014| problems occur at the time specified in the notice of judgment, the landlord and the sheriff may | 0015| by written agreement extend the time for the execution of the writ of restitution to allow time for | 0016| the landlord to arrange to have the necessary work done or to permit the sheriff's execution of the | 0017| writ of restitution at a time when weather or other conditions will make removal less hazardous | 0018| to the mobile home. | 0019| D. If the mobile home is not removed from the landlord's land on behalf of the | 0020| mobile home owner within the time permitted by the writ of restitution, the landlord and the | 0021| sheriff shall have the right to take possession of the mobile home for the purposes of removal and | 0022| storage. The liability of the landlord and the sheriff in that event shall be limited to gross | 0023| negligence or willful and wanton disregard of the property rights of the mobile home owner. The | 0024| responsibility to prevent freezing and to prevent wind and weather damage to the mobile home | 0025| lies exclusively with those persons who have a property interest in the mobile home. | 0001| E. Utility charges, other charges incurred by the landlord for which the resident is | 0002| liable to the landlord pursuant to the provisions of a rental agreement, including amounts | 0003| awarded to the landlord in an action brought pursuant to this section, rents and reasonable | 0004| removal and storage charges may be paid by any party in interest. Those charges constitute a lien | 0005| that will run with the mobile home. The lien may be foreclosed in the same manner as a | 0006| landlord's lien created pursuant to Section 48-3-5 NSMA 1978. | 0007| F. Prior to the issuance of the writ of restitution, the court shall make a finding of | 0008| fact that the mobile home is or is not subject to the security interest of a first lienholder. A | 0009| written statement on the mobile home resident's owner's application for tenancy identifying a | 0010| lienholder by name and address shall be prima facie evidence of the existence of the interest of | 0011| the lienholder. If the application for tenancy contains no information or states that no liens exist, | 0012| the landlord shall obtain a written title search statement from the motor vehicle division of the | 0013| taxation and revenue department and the matter contained in that document shall be conclusive | 0014| evidence of the existence or nonexistence of security interests in the mobile home. | 0015| G. If the court finds there is a security interest in favor of a first lienholder on the | 0016| mobile home subject to the writ of restitution or if the mobile home has been abandoned by the | 0017| resident or possession of the mobile home has been surrendered to the landlord by the resident, | 0018| then, upon receipt of the writ of restitution, the landlord shall notify the first lienholder in writing | 0019| that the landlord has obtained a writ of restitution for the mobile home park space where the | 0020| mobile home is located or that the mobile home has been abandoned or surrendered by the | 0021| resident. The notice shall be provided in accordance with the provisions of Subsection J of this | 0022| section and shall: | 0023| (1) state that an action for restitution has been filed against the resident | 0024| and the effective date of a writ of restitution, if issued, or the date the mobile home was | 0025| abandoned or voluntarily surrendered by the resident; | 0001| (2) disclose the amount of the utility charges, other charges incurred by | 0002| the landlord as provided in the rental agreement, rents and reasonable removal and storage | 0003| charges, accruing daily rent calculated pursuant to this section, and the date upon which the | 0004| resident is required to make regular payments to the landlord; and | 0005| (3) attach a copy of the lease and the landlord's rules and regulations that | 0006| apply to the resident. | 0007| H. Notwithstanding the provisions of the Subsection E of this section, the | 0008| landlord shall be entitled to collect from the first lienholder only the utility charges, other charges | 0009| incurred by the landlord as provided in the rental agreement and rents and reasonable removal | 0010| and storage charges accruing from and after the date the landlord provides the first lienholder the | 0011| written notice prescribed under Subsection G of this section. The first lienholder shall notify the | 0012| landlord within thirty days of receipt of the notice whether it intends to pay the rents and charges | 0013| collectible under this subsection or remove the mobile home. The rents and charges due under | 0014| this subsection shall be prorated to the date the mobile home is removed or the date a new lease | 0015| with a new resident becomes effective, and the first lienholder shall not be liable for any rents | 0016| and charges thereafter. The maximum rent payable to the landlord under this subsection is a | 0017| daily rate equal to one-thirtieth of the then-current lot rental amount that would have been | 0018| payable by the resident under the lease. The maximum daily rent may be increased over time in | 0019| accordance with the notice requirements under the applicable provisions of the Mobile Home | 0020| Park Act. The first lienholder shall have thirty days from the date notice is provided by the | 0021| landlord to pay the rent and charges accruing to the notice date. Thereafter, the first lienholder | 0022| shall pay the rent and charges in accordance with the resident's lease. If the first lienholder | 0023| desires to remove the mobile home prior to a payment due date, the first lienholder shall pay the | 0024| rent and charges accrued to the date of removal prior to removing the mobile home. | 0025| I. If the first lienholder fails to pay the rent and charges due as provided in | 0001| Subsection H of this section, the landlord may give the first lienholder notice of the nonpayment | 0002| in accordance with Section 47-10-6 NMSA 1978. If the first lienholder fails to make payment | 0003| within the time period specified in the notice, the landlord may proceed against the first | 0004| lienholder by exercising the remedies granted it under the Mobile Home Park Act. The landlord | 0005| may also seek any other remedies to which it is entitled by law. The prevailing party in any | 0006| action brought in an event to seek relief under this section, including an action for damages, is | 0007| entitled to an award for reasonable attorney fees and costs incurred in the suit. Notwithstanding | 0008| anything in this section to the contrary, the judgment obtained in such an action, if in favor of the | 0009| landlord, constitutes a lien against the mobile home having priority over the lien of the first | 0010| lienholder. The lien may be foreclosed pursuant to the procedures pertaining to a landlord's lien | 0011| created in Section 48-3-5 NMSA 1978. | 0012| J. Any notice required by this section between the first lienholder and landlord | 0013| shall be in writing and either hand delivered or mailed by certified mail, return receipt requested. | 0014| The notice shall be effective the date of delivery or mailing. If hand delivered, the notice shall be | 0015| delivered at the principal office or place of business of the addressee during regular business | 0016| hours to the person in charge of the office or place of business. | 0017| K. If the mobile home is sold to third parties who intend to remain in the park, | 0018| they will not be allowed to reside in the mobile home unless the parties have been qualified by | 0019| the landlord as residents. Until the purchasers and the landlord enter into a written lease | 0020| agreement, the landlord may refuse to recognize the sale and treat any persons living in the | 0021| mobile home as trespassers. | 0022| L. If the first lienholder has paid in full all money due under Subsection H of this | 0023| section, it shall be unlawful for the landlord to refuse to allow the first lienholder to remove the | 0024| mobile home. If the landlord refuses to allow the first lienholder to remove the mobile home, the | 0025| landlord is liable to the first lienholder for each day the landlord unlawfully maintains possession | 0001| of the mobile home, at a daily rate equal to one-thirtieth of the monthly payment required by a | 0002| contract between the first lienholder and resident. In all disputes between the landlord and the | 0003| first lienholder, the court shall award reasonable attorney fees and costs to the prevailing party. | 0004| In the event the mobile home has not been resold within six months of the landlord providing | 0005| notice pursuant to Subsection G of this section, the landlord may request the first lienholder to | 0006| remove the mobile home within thirty days of the request. Notice of the request shall be given to | 0007| the first lienholder in accordance with Subsection J of this section." | 0008| Section 4. Section 48-3-5 NMSA 1978 (being Laws 1851-1852, P. 243, as amended) is | 0009| amended to read: | 0010| "48-3-5. LANDLORDS' LIENS.-- | 0011| A. Landlords have a lien on the property of their tenants that remains in or about | 0012| the premises rented, for the rent due by the terms of any lease or other agreement in writing, and | 0013| the property shall not be removed from the premises without the consent of the landlord until the | 0014| rent is paid or secured. A lien does not attach if the premises rented is a dwelling unit. | 0015| B. For purposes of this section, "dwelling unit" means a structure, mobile | 0016| home and a leased parcel of land upon which it is located, or a part of a structure that is | 0017| used as a home, residence or sleeping place by one person who maintains a household or | 0018| by two or more persons who maintain a common household." |