N.M. Admin. Code § 20.4.5 § 13

USE AND TRANSFER OF CLANDESTINE DRUG LABORATORY

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 1/1/2008New MexicoRequired Disclosures

Operative Text

N.M. Admin. Code § 20.4.5 § 13
A. An owner shall not sell, lease, rent, loan, assign, exchange or otherwise transfer
the clandestine drug laboratory property unless the owner does the following:

(1) provides written notice to the purchaser, lessee, renter, borrower,
assignee, exchange partner or other transferee, with a copy to the department’s
hazardous waste bureau, of the existence of the clandestine drug laboratory; and

(2) receives a written acknowledgment, and provides a copy to the
department’s hazardous waste bureau, that the notice was received by the purchaser,
lessee, renter, borrower, assignee, exchange partner or other transferee.

B. A person other than the owner or the owner's agent may not enter, occupy, or
use the clandestine drug laboratory or otherwise knowingly and intentionally violate the
provisions of the notice of contamination until remediation of the residually
contaminated portion of the property has taken place in accordance with 20.4.5.16
NMAC. Persons performing work for a law enforcement agency, the department, or a
remediation firm are excepted from this prohibition.

[20.4.5.13 NMAC - N, 1/01/2008]
Source: Legislative text reproduced verbatim
Plain English

NMAC 20.4.5 § 13 governs the transfer and use of property that has been identified as a former clandestine drug laboratory. Before any such property can be sold, leased, rented, or otherwise transferred, the owner must give written notice of the contamination to the incoming party and obtain a written acknowledgment in return, with copies of both documents sent to the state's hazardous waste bureau. Separately, no one other than the owner, the owner's agent, law enforcement, the department, or authorized remediation workers may enter, occupy, or use the property until the contaminated portions have been fully remediated according to the standards set out in 20.4.5.16 NMAC.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under NMAC 20.4.5 § 13, property owners who hold a site designated as a former clandestine drug laboratory are required to complete a specific disclosure process before any transfer of that property can occur. A compliant owner prepares written notice of the contamination, delivers it to the prospective tenant, buyer, or other transferee, and collects a signed written acknowledgment — forwarding copies of both documents to the New Mexico Environment Department's hazardous waste bureau. Owners also generally ensure that no unauthorized individuals enter or occupy the property prior to remediation, since the provision restricts access to the owner, the owner's agent, and specifically authorized personnel.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

NMAC 20.4.5 § 13 establishes that anyone receiving a former clandestine drug laboratory property — whether as a renter, buyer, or other transferee — must be given written notice of the contamination before the transfer takes place, and their written acknowledgment of that notice must be filed with the state's hazardous waste bureau. If a tenant believes they were placed in such a property without receiving the required written disclosure, that potential violation of § 13 may be relevant to housing complaints or legal proceedings. Tenants in this situation may consider reaching out to the New Mexico Environment Department's hazardous waste bureau or a local tenant-rights organization to understand what remediation standards apply and what options may be available.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Jan 1, 2008
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References Out

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Related Rules

§ 244.265
Tenant to be notified of mortgage foreclosure or cancellation of contract for deed
§ 244.275
Tenant to be notified of environmental contamination testing, abatement, removal or remediation in designated sites
§ 5-12-100
Notice of conditions affecting habitability

Source Information

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