N.M. Stat. Ann. § 3-45-10
Sales, rentals and tenant selection.
Operative Text
3-45-10. Sales, rentals and tenant selection.
A. In the operation or management of housing projects and affordable housing
programs or the sale of any property pursuant to the Municipal Housing Law, a city shall
at all times observe the following duties with respect to rentals, property and tenant
selection:
(1) it may rent, lease or sell the dwelling accommodations in the housing
project and affordable housing programs only to persons falling within federally
established standards;
(2) it may rent, lease or sell to a tenant dwelling accommodations consisting
of the number of rooms, but no greater number, that it deems necessary to provide safe
and sanitary accommodations to the proposed occupants without overcrowding; and
(3) it shall not accept any person as a tenant in any housing program if the
person has an annual net income in excess of federally established standards.
B. Nothing contained in this section or Section 3-45-9 NMSA 1978 shall be
construed as limiting the power of a city to vest in an obligee the right, in the event of a
default by the city, to take possession and operate housing projects or affordable
housing programs or cause the appointment of a receiver thereof, free from all the
restrictions imposed by this section or Section 3-45-9 NMSA 1978.
History: 1953 Comp., § 14-46-10, enacted by Laws 1965, ch. 300; 1989, ch. 50, § 4;
2009, ch. 226, § 9.Under NMSA 3-45-10, New Mexico municipalities operating housing projects or affordable housing programs must follow specific rules when renting, leasing, or selling dwelling units. Occupancy is limited to individuals who meet federally established income standards, and unit sizes are capped at what is deemed necessary for safe, sanitary, non-overcrowded living. The provision also clarifies that a city may grant certain rights to creditors in the event of a default without those rights being constrained by this section's restrictions.
Plain English — not legal advice.
Cities and municipal housing authorities operating under NMSA 3-45-10 generally maintain compliance by screening applicants against federally established income thresholds and ensuring that unit assignments do not exceed the number of rooms necessary for safe and sanitary occupancy. Compliant operators document tenant eligibility determinations and unit-size decisions to demonstrate adherence to both the income limits and the anti-overcrowding requirements. Municipal housing managers also review any financing or obligee agreements to understand how Section 3-45-10's default provisions may affect operational control of a project.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 3-45-10 establishes that tenants in municipal housing projects or affordable housing programs have a right to be evaluated for eligibility based on federally established income standards, and that unit assignments should reflect actual occupancy needs rather than arbitrary size restrictions. If a tenant believes a city has improperly denied housing or assigned an unsuitable unit in violation of these standards, they may raise that concern as a potential violation of this provision. General enforcement paths can include filing a complaint with the relevant municipal housing authority, contacting a local tenant-rights organization, or consulting with a housing attorney familiar with New Mexico's Municipal Housing Law.
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
References In
Rules and statutes that cite this regulation