Understanding HUD Standards for Manufactured Housing in New Mexico

If you rent a manufactured home or mobile home in New Mexico, it's important to understand how federal and state laws protect your right to safe, decent housing. The U.S. Department of Housing and Urban Development (HUD) sets important construction and safety standards for these homes. In addition, the state of New Mexico has its own laws and agencies that oversee manufactured housing safety and tenant rights.

What Are HUD Standards for Manufactured Housing?

Since 1976, all manufactured homes built and sold in the U.S. must comply with the HUD Code, a set of rules ensuring health, safety, durability, and energy-efficiency. In New Mexico, all manufactured homes must meet these federal HUD standards before being installed, rented, or lived in.

• Construction and Safety: Homes must meet minimum standards for materials, strength, moisture resistance, fire safety, and wind resistance.
• HUD Seal: Every compliant manufactured home has a red HUD certification label near the home’s main entrance.
• Ongoing Compliance: State officials check for HUD compliance during installation and inspections.

As a renter, knowing your home is built to HUD standards can give you confidence in its safety and quality. If you believe your unit is not compliant, you have the right to raise concerns and request repairs or investigation.

Who Enforces These Standards in New Mexico?

In New Mexico, HUD standards are enforced by the Manufactured Housing Division (MHD) of the New Mexico Regulation and Licensing Department. The MHD oversees installation, maintenance, safety, and landlord-tenant issues in manufactured home parks across the state.
The official body handling tenancy issues, including disputes between mobile home renters and landlords, is the New Mexico Courts system, specifically at the Magistrate and Metropolitan Court levels.

Your Rights as a Renter Under New Mexico Law

As a renter in a manufactured home or in a mobile home park, you are protected by the New Mexico Mobile Home Park Act and the Uniform Owner-Resident Relations Act.¹

• Landlords must ensure homes are safe, meet HUD standards, and perform necessary repairs.
• Renters have the right to a written rental agreement and to prompt notice before rent increases or any eviction proceeding.
• Health and safety violations in your home must be addressed by your landlord, and renters can file complaints through the MHD if needed.

Summing up: Besides HUD's national rules, New Mexico adds further protections for manufactured home renters, including safeguards for eviction, repairs, and rent increases. Always keep records of notices and communications for your protection.

What Forms Might You Need?

If you're dealing with issues related to HUD compliance or renter rights in New Mexico manufactured housing, these official forms may help:

• Manufactured Housing Complaint Form (No number):
  This form is used to report safety issues, code violations, or problems that may indicate your home does not meet HUD standards. For example, if you notice faulty wiring or exposed insulation, you can complete this form and submit it to the Manufactured Housing Division.
  Find the Manufactured Housing Complaint Form at the NM Manufactured Housing Division.
• Uniform Owner-Resident Relations Act Form Packets:
  While there is not a specific "tenant complaint" form, you may need to use court forms (like a "Petition by Resident") if you are seeking to address unresolved safety, eviction, or rent increase issues. An example would be filing in Magistrate Court if a landlord fails to correct violations.
  Access official New Mexico court forms for landlord-tenant disputes.

Practical tip: When submitting any official form, always keep a copy and ask for confirmation of receipt. Most forms require your contact information, a detailed description of the issue, and supporting evidence (e.g., photos).

How to File a Complaint About Manufactured Home Standards

If you believe your manufactured home is not up to HUD standards or your landlord is not making required repairs:

• Document the issues with notes and photos.
• Send a written notice to your landlord describing the problem and requesting repair (keep a copy).
• If the issue isn’t resolved, submit the Manufactured Housing Complaint Form to the MHD.
• If repairs still aren’t made, you can file a case in your local Magistrate or Metro Court using the appropriate tenant forms.

Where to Learn More: Key Legislation

For more details on your rights and responsibilities, refer to these official legislative texts:

• New Mexico Mobile Home Park Act (NMSA 1978, Chapter 47, Article 10)
• Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8)
• HUD Manufactured Home Construction and Safety Standards

These resources explain many of the specific tenant rights for residents in manufactured and mobile home parks in New Mexico.

FAQ: Manufactured Housing Renters' Rights in New Mexico

1. What should I do if my manufactured home has a safety problem? First, notify your landlord in writing and give them an opportunity to fix the problem. If the issue remains unresolved, file a complaint with the New Mexico Manufactured Housing Division using their official complaint form.
2. How can I tell if my home is HUD-compliant? Look for a red HUD certification label near the home’s main entrance. If you’re unsure or suspect non-compliance, contact the MHD or file a complaint.
3. Can my landlord evict me for making a complaint about home safety? Landlords cannot lawfully retaliate against you for asserting your legal rights. If you believe you are being wrongly evicted, seek legal help and consider filing court paperwork.
4. Where do I go if the landlord does not address code violations? Start with the state’s Manufactured Housing Division and, if needed, escalate your complaint to the local Magistrate or Metropolitan Court using tenant complaint forms.
5. What rights do I have regarding rent increases in a mobile home park? The law requires advance notice for any rent increase—usually at least 60 days—under the Mobile Home Park Act. If you did not receive proper notice, you may challenge the increase.

Conclusion: Key Takeaways for Manufactured Home Renters

• HUD sets federal safety and building standards for manufactured housing, which New Mexico enforces strictly.
• State laws offer strong protections for renters, giving you tools to report safety issues and dispute unfair treatment.
• Use official forms and always keep written records of complaints and repairs.

Knowing your rights and the proper steps to resolve issues can help you maintain a safe and stable home in a manufactured housing community.

Need Help? Resources for Renters

• New Mexico Manufactured Housing Division: Submit safety complaints or get information on HUD standards.
• New Mexico Courts: For landlord-tenant disputes or filing tenancy forms.
• New Mexico Mortgage Finance Authority – Housing Services: Rental assistance and support services.
• HUD Renting in New Mexico: Federal resources and renter education.

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1. New Mexico Mobile Home Park Act (NMSA 1978, Chapter 47, Article 10)
2. Uniform Owner-Resident Relations Act (NMSA 1978, Chapter 47, Article 8)
3. HUD Manufactured Home Construction and Safety Standards
4. New Mexico Manufactured Housing Division Forms
5. New Mexico Court Forms for Landlord-Tenant Disputes

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