COVID-19 Information for New Mexico
The purpose of this page is to provide apartment industry professionals with an overview of the issues affecting our industry with regard to the COVID-19 pandemic. The page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This resource is not intended to provide a mandatory standard of care for the industry.
State and Local Affiliates
Please remember to use your state or local apartment association as the primary resource for the most up-to-date information on your responsibilities. Find your local affiliate.
State Legal and Regulatory Information
We highly suggest you contact a local attorney before you decide to initiate an eviction action against a resident in the current environment as overlaying federal, state and county laws or restrictions on the judicial process may apply. This includes: issuing a notice to vacate, initiating any eviction-related action, or assessing fees or penalties on residents for nonpayment of rent or other lease violations. In addition to the below, you can access NAA's statutory information on late fees, eviction laws and other policy issues.
Shelter in Place
Effective Friday, May 15, 2020, the New Mexico Department of Health issued a revised Public Health Order (“Order”) relaxing some of the restrictions imposed by the now-expired stay-at-home order. The Order, however, conditions the re-opening of the State’s economy upon the implementation of the its COVID-Safe Practices (“CSPs”), which contain numerous requirements that all employers must be aware of in re-establishing operations. The Order remains in effect until Sunday, May 31, 2020, except in Cibola, McKinley, and San Juan counties, which are subject to the prior stay-at-home order.
Effective Monday, June 1, 2020, the New Mexico Department of Health extended the State’s stay-at-home order to Tuesday, June 30, 2020. The revised Public Health Order (“Order”) eases a number of additional restrictions on restaurants, retail businesses, exercise facilities, pools, and places of lodging.
State of Emergency
Governor Michelle Lujan Grisham declared a state of emergency on March 11, 2020.
No statewide eviction moratorium for New Mexico.
Rental Assistance/Housing Provider Assistance
No statewide emergency rental assistance for New Mexico.
No rent freeze is in effect at the state or local level. Local rent regulation is preempted by New Mexico Code § 47-8A-1.
New Mexico does not have statutory language regulating price gouging during declarations of emergency.