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.
Reopening Order
New Mexico is currently experiencing phased reopening of all non-essential businesses. Under this plan, employers are expected to abide by COVID safe practices issued by the state Department of Health.
Face Mask Mandate
Governor Lujan Grisham ordered any person must wear face coverings while in public indoor or outdoor spaces, including gyms and fitness centers.
State of Emergency
Governor Michelle Lujan Grisham declared a state of emergency on March 11, 2020.
Eviction
Status: Eviction Enforcement Suspended for Nonpayment of Rent
Members can read more about the impact of the eviction moratorium in the Albequerque metro area.
- Action: Stays the execution of writs of restitution issued for non-payment of rent for residents who have demonstrated by a preponderance of the evidence a current inability to pay the monthly rent. Issued on March 24, 2020.
- Duration: Open-ended.
Rental Assistance/Housing Provider Assistance
The New Mexico Housing Trust Fund (NMHTF) provides flexible funding for affordable housing initiatives in the state. A portion of NMHTF funds has now been extended to provide short-term rental assistance to tenants of income-restricted properties monitored by the New Mexico Mortgage Finance Authority (MFA), who are experiencing financial hardship as a result of the COVID-19 pandemic. Eligible tenant's incomes cannot exceed 80 percent of AMI.
Rental assistance may be provided to tenants who:
- are not currently receiving full rental assistance from another program; and
- must be experiencing a reduction in household income due to circumstances related to the health crisis.
Tenants residing in any unit in an income-restricted property monitored by MFA are eligible for rental assistance, regardless of whether the unit is income-restricted if the tenant meets the above requirements.
Rent Freeze
No rent freeze is in effect at the state or local level. Local rent regulation is preempted by New Mexico Code § 47-8A-1.
Price-Gouging Law
New Mexico does not have statutory language regulating price gouging during declarations of emergency.