New Mexico Owner Obligations and Habitability

NMSA 47-8-20 obligates the owner to 'substantially comply with requirements of the applicable minimum housing codes materially affecting health and safety,' to 'make repairs and do whatever is necessary to put and keep the premises in a safe condition,' to keep common areas safe, to 'maintain in good and safe working order and condition electrical, plumbing, sanitary, heating, ventilating, air conditioning and other facilities and appliances,' to provide waste receptacles, and to 'supply running water and a reasonable amount of hot water at all times and reasonable heat.' Remedies follow notice: after a resident gives written notice and the owner fails to cure within seven days (NMSA 47-8-27.1), NMSA 47-8-27.2 allows abatement of 'one-third of the pro-rata daily rent for each day' the condition persists, or 'one hundred percent of the rent for each day' if the dwelling is uninhabitable.

No specific statutory penalty. After seven days' written notice, a resident may abate rent (one-third of daily rent, or 100% if uninhabitable), repair and deduct, recover damages, or terminate under NMSA 47-8-27.1 and 47-8-27.2.