0001| HOUSE BILL 608
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0002| 43rd legislature - STATE OF NEW MEXICO - first session, 1997
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0003| INTRODUCED BY
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0004| MIMI STEWART
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0005|
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0006|
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0007|
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0008|
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0009|
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0010| AN ACT
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0011| RELATING TO PROPERTY; AMENDING AND ENACTING SECTIONS OF THE
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0012| MOBILE HOME PARK ACT TO IMPROVE OWNER-RESIDENT RELATIONS.
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0013|
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0014| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
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0015| Section 1. Section 47-10-3 NMSA 1978 (being Laws 1983,
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0016| Chapter 122, Section 3) is amended to read:
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0017| "47-10-3. TENANCY--REQUIREMENTS--NOTICE TO QUIT.--
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0018| A. No tenancy or other lease or rental occupancy of
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0019| space in a mobile home park shall commence without a written
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0020| lease or rental agreement, and no tenancy in a mobile home park
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0021| shall be terminated until a notice to quit has been served
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0022| upon the mobile home resident. The notice to quit shall be
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0023| in writing directed to the resident and in the form specified
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0024| in this section. The form of notice shall be deemed legally
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0025| sufficient if it states:
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0001| (1) the name of the landlord or of the mobile
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0002| home park;
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0003| (2) the mailing address of the property;
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0004| (3) the location or space number upon which
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0005| the mobile home is situated;
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0006|
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0007| (4) the county in which the mobile home is
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0008| situate; and
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0009| (5) the reason for the termination of the
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0010| tenancy and the date, place and circumstances of any acts
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0011| allegedly justifying the termination.
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0012| [B. Service of the notice may be in person but
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shall be deemed legally sufficient if the notice is
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conspicuously affixed to the main entrance of the mobile
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home.]
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0016| B. The notice to quit shall be served by
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0017| delivering the notice to the mobile home tenant personally or
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0018| by posting the notice at the main entrance of the mobile home.
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0019| If service is made by posting the notice, a copy of the notice
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0020| shall also be sent by certified mail to the mobile home tenant,
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0021| return receipt requested. The date of a posting shall be
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0022| included on the posted notice and on the copy mailed to the
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0023| mobile home tenant and shall constitute the effective date of
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0024| the notice.
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0025| C. The mobile home tenant shall be given a period
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0001| of not less than thirty days from the end of the rental period
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0002| during which the termination notice was served to remove any
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0003| mobile home from the premises, but which is automatically
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0004| extended to sixty days where the tenant must remove a
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0005| multisection mobile home. In those situations where a
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0006| multisection mobile home is being leased to or occupied by a
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0007| person other than its owner and in a manner contrary to the
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0008| rules and regulations of the landlord, then, in that event, the
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0009| tenancy may be terminated by the landlord upon giving a thirty-
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0010| day notice instead of a sixty-day notice.
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0011| D. No lease shall contain any provision by which
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0012| the mobile home tenant waives his rights under the Mobile Home
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0013| Park Act, and any such waiver shall be deemed to be contrary to
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0014| public policy and shall be unenforceable and void. Any lease,
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0015| however, may provide for the termination of the tenancy in
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0016| accordance with the provisions of Subsection C of this section.
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0017| E. No tenancy shall be terminated by a mobile home
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0018| park owner solely because of the size or age of the mobile
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0019| home."
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0020| Section 2. Section 47-10-11 NMSA 1978 (being Laws 1983,
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0021| Chapter 122, Section 11) is amended to read:
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0022| "47-10-11. CLOSED PARKS PROHIBITED.--
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0023| A. The owner of a mobile home park or his agent
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0024| shall not require, as a condition of tenancy in a mobile home
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0025| park, that the prospective tenant [has purchased] purchase
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0001| a mobile home from any particular seller or from any one of a
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0002| particular group of sellers and shall not require that the
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0003| management act as agent in the future sale of the mobile home.
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0004|
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0005| B. The owner or agent shall not give any special
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0006| preference in renting to a prospective tenant who has purchased
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0007| a mobile home from a particular seller.
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0008| C. A seller of mobile homes shall not require as a
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0009| condition of sale that a purchaser locate in a particular
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0010| mobile home park or in any one of a particular group of mobile
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0011| home parks.
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0012| D. The owner of a mobile home park shall not
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0013| prohibit the listing or sale of a mobile home within the park
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0014| by the owner of the mobile home or the owner's agent. The park
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0015| owner or manager shall not require as a condition of sale that
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0016| the management serve as the selling agent.
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0017| [D.] E. The owner or operator of a mobile home
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0018| park shall treat all persons equally in evaluating credit or
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0019| renting or leasing available space, except that all or any
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0020| portion of a park may be designated for adult-only occupancy
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0021| after a six months' notice to the residents."
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0022| Section 3. Section 47-10-14 NMSA 1978 (being Laws 1983,
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0023| Chapter 122, Section 14, as amended) is amended to read:
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0024| "47-10-14. RENTAL AGREEMENT--DISCLOSURE OF TERMS IN
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0025| WRITING.--
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0001| A. The terms and conditions of a tenancy shall be
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0002| adequately disclosed in writing in a rental agreement by the
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0003| management to any prospective resident prior to the rental or
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0004| occupancy of a mobile home space or lot. The disclosures shall
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0005| include:
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0006| (1) the term of the tenancy, [and] the
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0007| amount of the rent and the dollar amount of any rent increases
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0008| for each of the preceding two years;
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0009| (2) the day the rental payment is due;
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0010| (3) the day when unpaid rent shall be
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0011| considered in default;
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0012| (4) the rules and regulations of the park then
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0013| in effect;
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0014| (5) the zoning applicable to the property
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0015| upon which the park is located; and, if there is to be a change
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0016| of use or change of zoning in the mobile home park, a notice
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0017| shall be issued to residents at least six months prior to the
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0018| effective date of change;
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0019| [(5)] (6) the name and mailing address
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0020| where a manager's decision may be appealed;
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0021| [(6)] (7) the name and mailing address of
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0022| the owner of the park; [and]
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0023| [(7)] (8) all charges to the tenant other
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0024| than rent; and
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0025| (9) A statement explaining the resident's
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0001| right to request alternative dispute resolution of any disputes
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0002| with the mobile home park owner or management, except for
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0003| disputes over nonpayment of rent or utility charges or in the
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0004| case of public safety emergencies.
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0005| B. The rental agreement shall be signed by both the
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0006| management and the resident, and each party shall receive a
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0007| copy of it.
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0008| C. The management and the resident may include in a
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0009| rental agreement terms and conditions not prohibited under the
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0010| provisions of the Mobile Home Park Act.
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0011| D. The management shall offer residents the
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0012| opportunity to enter into a renewable lease term of at least
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0013| six months.
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0014| [D.] E. If an owner deliberately uses a rental
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0015| agreement containing provisions known by him to be prohibited
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0016| by law or by the provisions of Section 47-10-11, 47-10-12 or
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0017| 47-10-13 NMSA 1978, the resident may recover damages sustained
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0018| by him resulting from application of the illegal provision and
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0019| reasonable [attorney's] attorney fees."
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0020| Section 4. Section 47-10-15 NMSA 1978 (being Laws 1983,
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0021| Chapter 122, Section 15) is amended to read:
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0022| "47-10-15. RULES AND REGULATIONS.--The management shall
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0023| adopt rules and regulations concerning all residents' use and
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0024| occupancy of the premises. [Such] The rules and regulations
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0025| are enforceable against a resident only if:
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0001| A. they are submitted to tenants for their comment
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0002| sixty days prior to the rules being implemented;
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0003| [A.] B. their purpose is to promote the
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0004| convenience, safety or welfare of the residents, protect and
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0005| preserve the premises from abusive use or make a fair
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0006| distribution of services and facilities held out for the
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0007| residents generally;
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0008| [B.] C. they are reasonably related to the
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0009| purpose for which they are adopted;
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0010| [C.] D. they are not retaliatory or
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0011| discriminatory in nature, except that all or any portion of the
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0012| park may be designated for adult-only occupancy after a six-
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0013| months' notice to the residents; and
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0014| [D.] E. they are sufficiently explicit in
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0015| prohibition, direction or limitation of the resident's conduct
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0016| to fairly inform him of what he [must] shall or [must]
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0017| shall not do to comply."
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0018| Section 5. A new section of the Mobile Home Park Act is
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0019| enacted to read:
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0020| "[NEW MATERIAL] NEW OR AMENDED RULES--NOTIFICATION--
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0021| OPEN MEETING--PETS--PHYSICAL IMPROVEMENTS.--
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0022| A. The management shall notify mobile home park
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0023| residents of proposed new rules or amendments to existing rules
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0024| at least sixty days prior to the effective date of the new or
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0025| amended rules. The management shall allow residents a thirty-
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0001| day comment period on proposed rule changes. Comments from
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0002| residents to management on proposed rule changes shall be in
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0003| writing and signed by the author. Once all comments have been
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0004| received, the management shall post all comments and the
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0005| responses to the comments in a conspicuous place. The new
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0006| rules or amended rules shall not take effect before sixty days
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0007| after the notification date.
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0008| B. Existing pets that are in compliance with the
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0009| mobile home park rules or regulations shall be exempt from any
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0010| provision of new rules or regulations that would prohibit those
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0011| pets provided those are not a nuisance violating the public
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0012| peace, health or safety.
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0013| C. The mobile home park management shall not
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0014| require existing residents to comply with changes in rules or
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0015| regulations that require physical improvements to the existing
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0016| resident's mobile home or lot unless the mobile home is in
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0017| violation of a local municipal or county ordinance or the
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0018| physical condition of the resident's mobile home or lot
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0019| constitutes a public nuisance or threat to the public peace,
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0020| health or safety."
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0021| Section 6. Section 47-10-17 NMSA 1978 (being Laws 1983,
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0022| Chapter 122, Section 17) is amended to read:
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0023| "47-10-17. [MEDIATION] ALTERNATIVE DISPUTE
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0024| RESOLUTION--WHEN PERMITTED--COURT ACTIONS.--
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0025| A. In any [controversy] civil dispute between
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0001| the management and a resident of a mobile home park arising out
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0002| of the provisions of the Mobile Home Park Act, except for
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0003| nonpayment of rent or utility charges or in cases in which
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0004| the health or safety of other residents is in [iminent]
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0005| imminent danger, the controversy may be submitted to
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0006| [mediation] alternative dispute resolution by request of
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0007| either party prior to the filing of a court action or a forc-
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0008|
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0009| ible entry and detainer action [upon agreement of the
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parties]. The cost of the alternative dispute resolution
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0011| services shall be divided equally among the disputing parties.
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0012| B. The agreement, if one is reached, shall be
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0013| presented to the court as a stipulation. Either party to the
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0014| [mediation] dispute resolution process may terminate the
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0015| [mediation] process at any time without prejudice.
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0016| C. If either party subsequently violates the
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0017| stipulation, the other party may apply immediately to the court
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0018| for relief.
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0019| D. Any alternative dispute resolution pursuant to
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0020| this section shall be performed by a professionally certified
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0021| third party intervenor approved by all disputing parties."
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0022| Section 7. Section 47-10-20 NMSA 1978 (being Laws 1993,
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0023| Chapter 147, Section 6) is amended to read:
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0024| "47-10-20. COST OF UTILITY SERVICES--ACCESS TO RECORDS.--
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0025| A. Mobile home park owners shall be responsible
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0001| for maintaining all park-owned exterior utility lines from the
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0002| mobile home hookups to the main lines in the park, except lines
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0003| that are damaged by a resident.
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0004| [A.] B. When a landlord purchases utility
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0005| services for residents, the charge for utility services billed
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0006| to residents shall not exceed the cost per unit amount paid by
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0007| the landlord to the suppliers of the utility services.
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0008| [B.] C. A landlord shall provide a resident
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0009| with reasonable access to records of meter readings, if any,
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0010| taken at the resident's mobile home space."
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0011|
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0012| State of New Mexico
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0013| House of Representatives
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0014|
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0015| FORTY-THIRD LEGISLATURE
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0016| FIRST SESSION, 1997
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0017|
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0018|
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0019| February 12, 1997
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0020|
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0021|
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0022| Mr. Speaker:
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0023|
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0024| Your JUDICIARY COMMITTEE, to whom has been referred
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0025|
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0001| HOUSE BILL 608
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0002|
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0003| has had it under consideration and reports same with
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0004| recommendation that it DO PASS.
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0005|
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0006| Respectfully submitted,
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0007|
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0008|
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0009|
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0010|
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0011|
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0012| Thomas P. Foy, Chairman
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0013|
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0014|
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0015| Adopted Not Adopted
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0016|
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0017| (Chief Clerk) (Chief Clerk)
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0018|
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0019| Date
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0020|
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0021| The roll call vote was 12 For 0 Against
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0022| Yes: 12
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0023| Excused: Rios
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0024| Absent: None
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0025|
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0001|
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0002| G:\BILLTEXT\BILLW_97\H0608
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0003|
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0004| FORTY-THIRD LEGISLATURE
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0005| FIRST SESSION, 1997 HB 608/a
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0006|
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0007| March 8, 1997
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0008|
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0009| Mr. President:
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0010|
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0011| Your CORPORATIONS & TRANSPORTATION COMMITTEE, to
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0012| whom has been referred
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0013|
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0014| HOUSE BILL 608, as amended
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. On page 6, line 8 through 10, strike Subsection D in its
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0020| entirety.
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0021|
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0022| 2. Reletter the succeeding subsection accordingly.
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0023|
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0024| 3. On page 9, line 16, strike "third party intervenor" and
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0025| insert in lieu thereof "mediator".,
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0001|
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0002| and thence referred to the JUDICIARY COMMITTEE.
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0003|
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0004| Respectfully submitted,
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0005|
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0006|
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0007|
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0008| __________________________________
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0009| Roman M. Maes, III, Chairman
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0010|
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0011|
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0012|
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0013| Adopted_______________________ Not
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0014| Adopted_______________________
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0015| (Chief Clerk) (Chief Clerk)
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0016|
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0017| Date ________________________
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0018|
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0019|
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0020| The roll call vote was 8 For 0 Against
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0021| Yes: 8
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0022| No: 0
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0023| Excused: Kidd, McKibben
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0024| Absent: None
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0025|
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0001|
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0002| H0608CT1 .117823.2/a
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0003|
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0004| FORTY-THIRD LEGISLATURE HB 608/a
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0005| FIRST SESSION, 1997
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0006|
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0007|
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0008| March 16, 1997
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0009|
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0010| Mr. President:
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0011|
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0012| Your JUDICIARY COMMITTEE, to whom has been referred
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0013|
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0014| HOUSE BILL 608, as amended
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0015|
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0016| has had it under consideration and reports same with
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0017| recommendation that it DO PASS, amended as follows:
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0018|
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0019| 1. On page 5, line 12, after the semicolon strike the
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0020| remainder of the line, and strike all of lines 13 through 15.
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0021|
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0022| Respectfully submitted,
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0023|
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0024|
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0025|
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0001|
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0002| __________________________________
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0003| Fernando R. Macias, Chairman
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0004|
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0005|
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0006|
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0007| Adopted_______________________ Not
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0008| Adopted_______________________
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0009| (Chief Clerk) (Chief Clerk)
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0010|
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0011|
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0012| Date ________________________
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0013|
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0014|
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0015| The roll call vote was 5 For 0 Against
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0016| Yes: 5
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0017| No: None
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0018| Excused: Payne, Sanchez, Vernon
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0019| Absent: None
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0020|
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0021|
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0022| H0608JU1 .119039.1
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0023|
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