New Mexico Rules for Agricultural Worker Housing

Renting agricultural worker housing in New Mexico comes with its own set of regulations and protections. If you are a farmworker or living in employer-provided housing, understanding your rights can help you stay safe and secure.

Who Is Covered Under Agricultural Worker Housing Laws?

Agricultural worker housing is regulated by the New Mexico Environment Department (NMED). These rules apply to any temporary or seasonal housing provided to workers who are employed in agriculture, including farm and ranch work. Both large labor camps and small farm-provided units must meet state health and safety standards.

Main Rights and Requirements in Agricultural Worker Housing

In New Mexico, the Employee Housing Act and associated rules protect the health and safety of tenants living in agricultural or employer-provided housing. Landlords (typically employers) must ensure:

• Safe drinking water and working sanitation facilities
• Regular waste removal and clean communal areas
• Safe structures without overcrowding
• Working heat and protection from weather
• Access for inspections

The New Mexico Environment Department’s Employee Housing Program enforces these standards and performs regular inspections for compliance.

Key Legislation Protecting Renters

• Employee Housing Act (NMSA 1978, Sections 50-9-1 to 50-9-24)
• New Mexico Uniform Owner-Resident Relations Act (NMSA 1978, Sections 47-8-1 to 47-8-52) – general tenant rights

These laws set clear standards for both traditional rental units and agricultural worker housing.

Actions You Can Take if Your Housing Is Unsafe

If your agricultural worker housing is unsafe, unsanitary, or not meeting standards, you have the right to file a complaint with the New Mexico Environment Department. Here’s how:

• Document the issue: Take photos and write down what’s wrong.
• Contact your housing provider: Inform them in writing and request repairs.
• File a complaint with NMED if the issue persists.

Official Complaint Form

• NMED Employee Housing Complaint Form – Use this to report violations in agricultural worker housing.
  When to use: If you have tried to resolve issues with your housing provider but they still have not been addressed.
  Example: If the shared bathroom is unusable and the landlord doesn't fix it after you ask, file this form.
  Download the Employee Housing Complaint Form.

After submission, NMED will usually inspect your housing and may require the property owner to make repairs or improvements.

Who Handles Disputes and Inspections?

• The New Mexico Environment Department Employee Housing Program is responsible for inspections and code enforcement.
• The New Mexico Courts handle eviction cases and further legal disputes under the Uniform Owner-Resident Relations Act.

FAQ: Agricultural Worker Housing in New Mexico

1. What basic conditions must agricultural worker housing provide in New Mexico?
   The law requires clean water, functioning toilets, proper heat, safe buildings, and regular garbage removal in all employer-provided housing.
2. Who can inspect my housing for safety or health problems?
   The New Mexico Environment Department’s Employee Housing Program inspects and enforces standards for agricultural worker housing.
3. Can I be evicted from agricultural worker housing without notice?
   No, state law requires proper notice before eviction. Under the Uniform Owner-Resident Relations Act, renters are protected and landlords must follow specific procedures.
4. What should I do if my landlord refuses to fix a safety issue?
   Document the problem, send a written request to your landlord, and if there's no response, file a complaint using the Employee Housing Complaint Form with the New Mexico Environment Department.
5. Are there special rights for migrant or seasonal farmworkers?
   Yes. The Employee Housing Act provides specific standards and inspection for temporary or seasonal worker housing to protect farmworker tenants.

Conclusion: Key Takeaways

• New Mexico law protects agricultural worker housing tenants with clear health and safety standards.
• Both the Environment Department and courts play an important role in enforcing your rights.
• Use the official complaint forms and document all correspondence for best results.

Need Help? Resources for Renters

• New Mexico Environment Department Employee Housing Program – Inspection, complaints, and resources
• New Mexico Courts Self-Help Guide for Landlord-Tenant Issues
• Download official NMED Employee Housing forms
• Law Help New Mexico – Free legal resources for tenants

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1. New Mexico Environment Department Employee Housing Program
2. NMED Official Forms
3. New Mexico Courts – Landlord-Tenant Issues
4. Employee Housing Act (NMSA 1978, Sec. 50-9-1 et seq.)
5. Uniform Owner-Resident Relations Act (NMSA 1978, Sec. 47-8-1 et seq.)

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