New Mexico Rent Control Preemption Statute

Under NMSA Section 47-8A-1, the New Mexico Legislature has declared that no county, home rule municipality, or other political subdivision may enact, maintain, or enforce any ordinance or rule that controls the amount of rent charged for leasing private residential or commercial property. The preemption is broad and applies whether the rental is short-term or long-term. The statute does carve out narrow exceptions for property owned by the local government itself or property subject to a regulatory agreement tied to subsidies. Cities like Santa Fe and Albuquerque are therefore barred from passing rent stabilization ordinances regardless of housing pressures.

Local rent control ordinances are void and unenforceable under state law. Affected landlords may seek declaratory and injunctive relief in district court against any preempted local rule.