Dealing with Secondhand Smoke Issues in New Mexico Rentals

Secondhand smoke can be a major concern for renters in New Mexico, especially when it impacts daily living or health. Understanding your rights as a tenant when dealing with secondhand smoke complaints—and how to address them legally and effectively—is essential for protecting your well-being and ensuring your rental meets New Mexico’s health and safety standards.

Your Rights Regarding Secondhand Smoke in New Mexico

New Mexico law requires landlords to provide safe and habitable living conditions. While the state does not have a specific law addressing secondhand smoke exposure in rental units, it does protect tenants from unsafe or unhealthy environments through the New Mexico Uniform Owner-Resident Relations Act (UORRA)^[1]. Secondhand smoke may violate your right to a safe and livable home, particularly if it interferes with your health or use of your rental.

What is Considered a Habitability Issue?

A "habitability issue" means something in your rental makes it unsafe, unhealthy, or very difficult to live in. While secondhand smoke is not mentioned specifically in the law, if smoke from a neighbor’s apartment regularly seeps into your home or causes health problems, it may qualify as a habitability concern.

Best Practices: How to Address Secondhand Smoke Complaints

• Document the issue: Keep a written log of dates, times, and locations where you notice smoke. Photos, videos, or doctor’s notes can help support your case.
• Communicate with your landlord: Notify your landlord in writing as soon as possible. Clearly explain the problem and ask for a solution, such as sealing gaps or updating building policies.
• Request Repairs or Modifications: You may request reasonable steps to reduce secondhand smoke exposure.
• Check your lease: Some leases include no-smoking clauses or building rules about tobacco or cannabis use. If so, point out any violations to your landlord.

Forms for New Mexico Renters

• Resident Notice of Habitability Issue (No official form number)
  When to use: If you believe secondhand smoke makes your rental unlivable, send your landlord a notice asking for repairs or changes. Keep a copy and note the date sent.
  Download the official Notice to Landlord Repair Request form from the New Mexico Mortgage Finance Authority

After your landlord receives the notice, they generally have 7 days to address urgent habitability issues.

Filing a Complaint with a State Authority

If your landlord does not address the issue and you believe secondhand smoke makes your unit unsafe, you may be able to seek help from government agencies:

• New Mexico Regulation and Licensing Department: Handles complaints about building code violations, which can include inadequate ventilation.
• New Mexico Human Rights Bureau: If you have a disability worsened by smoke (such as asthma), you may be entitled to reasonable accommodations under fair housing laws. Contact the NM Human Rights Bureau for support.
• Local city/county code enforcement: Some municipalities have stricter smoke-free housing laws or ordinances—check with your city or county housing department.

Escalating your concern to a government agency should generally be the last resort, after trying to resolve the problem directly with your landlord.

The Official Board for Rental Disputes in New Mexico

New Mexico does not have a centralized housing tribunal. Cases about rental disputes, including habitability and health concerns, are usually handled in local Magistrate or Metropolitan Courts. These courts base their decisions on the New Mexico Uniform Owner-Resident Relations Act^[1].

Summary: Key Points About Secondhand Smoke and Your Rights

• Landlords must keep rentals safe and livable under New Mexico law.
• No state law specifically bans smoking in residential units, but it cannot interfere with your health or ability to live in your home.
• Address your concerns in writing and give your landlord time to respond before seeking further action.
• If you have a medical condition affected by smoke, ask for a reasonable accommodation and document everything.

Frequently Asked Questions

1. Can my landlord ban smoking in my rental unit?
   Yes, landlords may set rules or clauses in the lease that prohibit smoking inside rental units or common areas, as long as they apply those rules fairly to all tenants.
2. What if my neighbor's smoke affects my health?
   Document your symptoms and exposure. If you have a medical condition, you may request a "reasonable accommodation" under fair housing law—this could mean additional steps to prevent smoke from entering your unit.
3. How long does my landlord have to respond to my complaint?
   For most habitability issues, New Mexico law requires landlords to act within 7 days of written notice if the problem affects health and safety.
4. Where can I file a complaint if nothing changes?
   If your issue isn’t resolved, you may file a claim in local Magistrate or Metropolitan Court, or contact local housing code enforcement or the Human Rights Bureau for disability-related issues.
5. Is it legal to smoke in my apartment in New Mexico?
   Unless your lease says otherwise or local ordinances forbid it, smoking is generally allowed in private rentals. However, you cannot interfere with your neighbors’ health or disrupt their right to enjoy their home.

Need Help? Resources for Renters

• New Mexico Uniform Owner-Resident Relations Act (UORRA) – Rights and responsibilities of renters and landlords
• NM Courts Self-Help: Landlord/Tenant Disputes – Information on filing rent and habitability claims in court
• New Mexico Human Rights Bureau – Discrimination or fair housing support, including for disability accommodations
• New Mexico Mortgage Finance Authority – Official repair request forms and renter guidance
• Local legal aid offices such as New Mexico Legal Aid for free legal information and support

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1. New Mexico Uniform Owner-Resident Relations Act (UORRA)

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