N.M. Admin. Code § 20.4.5 § 20

FAILURE TO COMPLY

In Force
Verified 10/26/2026 · Next check 11/2/2026
effective 1/1/2008New MexicoHabitability & Repair

Operative Text

N.M. Admin. Code § 20.4.5 § 20
A. Failure to comply with the remediation standards required by this part may result
in enforcement proceedings under Section 74-4-10 NMSA 1978, including but not
limited to the following actions.

(1) Issuing a compliance order requiring compliance immediately or within a
specified time period or assessing a civil penalty up to $10,000 per day of
noncompliance for each violation or both.

(2) Commencing a civil action in district court for appropriate relief, including a
temporary or permanent injunction.

B. A person who fails to comply with the remediation standards required by this part
is guilty of a petty misdemeanor under Section 74-1-10 NMSA 1978.

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

NMAC 20.4.5 establishes consequences for failing to meet the remediation standards it sets out. A person or entity that does not comply may face civil enforcement actions—including compliance orders and civil penalties reaching up to $10,000 per day for each violation—as well as civil litigation in district court seeking injunctive relief. Beyond civil remedies, noncompliance is also classified as a petty misdemeanor under New Mexico law, meaning it carries potential criminal liability.

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

Plain English — not legal advice.

For Property Managers

Property owners and managers subject to NMAC 20.4.5 remediation standards generally maintain documented evidence that all required remediation work has been completed and meets the applicable standards. Operators who fall out of compliance risk escalating consequences, from administrative compliance orders to daily civil penalties of up to $10,000 per violation, and even criminal exposure at the petty misdemeanor level. Keeping thorough records of remediation activities and timelines is a practice commonly associated with demonstrating ongoing compliance under this provision.

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 gives tenants context for understanding the serious consequences a landlord or property owner may face if required remediation standards are not met on a property. If a tenant believes remediation work has not been properly completed, they may consider contacting the relevant New Mexico environmental or housing authority to inquire about the enforcement process under this provision. Tenant-rights organizations can also help residents understand what remediation standards apply to their situation and what reporting or complaint 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
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

N.M. Stat. Ann. § 74-4-10
Not yet ingested
N.M. Stat. Ann. § 74-1-10
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.260
Compliance required
§ 14.567
ADOPTED BY REFERENCE
§ 244.340
Sewer and water connections

Source Information

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