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Mobile Home Park Act (Part 2)

Landlord/Tenant Tutorial for Judges in New Mexico

May the landlord require that a mobile home be purchased from a particular seller or give preference to prospective residents who purchase from a particular seller?

No. The landlord must treat all persons equally in evaluating credit or renting or leasing space in the mobile home park (except that all or a portion of a park may be designated as adult-only if the residents are given six months’ notice). §47-10-11.

The landlord may not require the prospective resident to purchase a mobile home from a specific seller or sellers and may not give preference to a prospective resident who has purchased a mobile home from a particular seller or sellers. §47-10-11(A) & (B).

May the landlord prohibit the listing and sale of a mobile home in the park, or require that the landlord act as agent in the sale of any mobile home in the park?

No. The landlord cannot interfere with the sale of a mobile home located within the park. §47-10-11(A) & (D).

Who is responsible for the maintenance and cost of utility services in a mobile home park?

The landlord is responsible for maintaining all park-owned exterior utility lines from the mobile home hookups to the main lines in the park, except lines that are damaged by a resident. §47-10-20(A).

When the landlord buys utility services for residents, the landlord may not charge the resident more for the service than the landlord paid to the utility provider. §47-10-20. However, the landlord may charge a reasonable fee to offset the administrative cost of providing the utility service. §47-10-21.

Section 47-10-22 requires a landlord who supplies utility services to provide the residents with a monthly itemized bill that includes:

  1. A separate listing of charges for each utility service;
  2. The amount consumed and cost per unit for each utility service (or the total cost and allocation formula for master-metered parks); and
  3. If applicable, the amount of any administrative fee charged by the landlord.

A landlord must provide a resident with reasonable access to records of meter readings, if any, taken at the resident’s mobile home space. §47-10-20(C).

Each time a landlord violates any of the provisions covering utilities, the court may impose a civil penalty of up to $500.00, and/or apply other remedies. §47-10-23.