N.M. Stat. Ann. § 47-8-39
Owner retaliation prohibited.
Operative Text
47-8-39. Owner retaliation prohibited.
A. An owner may not retaliate against a resident who is in compliance with the
rental agreement and not otherwise in violation of any provision of the Uniform Owner-
Resident Relations Act by increasing rent, decreasing services or by bringing or
threatening to bring an action for possession because the resident has within the
previous six months:
(1) complained to a government agency charged with responsibility for
enforcement of a minimum building or housing code of a violation applicable to the
premises materially affecting health and safety;
(2) organized or become a member of a residents' union, association or
similar organization;
(3) acted in good faith to exercise his rights provided under the Uniform
Owner-Resident Relations Act, including when the resident makes a written request or
complaint to the owner to make repairs to comply with the owner's obligations under
Section 47-8-20 NMSA 1978;
(4) made a fair housing complaint to a government agency charged with
authority for enforcement of laws or regulations prohibiting discrimination in rental
housing;
(5) prevailed in a lawsuit as either plaintiff or defendant or has a lawsuit
pending against the owner relating to the residency;
(6) testified on behalf of another resident; or
(7) abated rent in accordance with the provisions of Section 47-8-27.1 or 47-
8-27.2 NMSA 1978.
B. If the owner acts in violation of Subsection A of this section, the resident is
entitled to the remedies provided in Section 47-8-48 NMSA 1978 and the violation shall
be a defense in any action against him for possession.
C. Notwithstanding the provisions of Subsection A of this section, the owner may
increase the rent or change services upon appropriate notice at the end of the term of
the rental agreement or as provided under the terms of the rental agreement if the
owner can establish that the increased rent or changes in services are consistent with
those imposed on other residents of similar rental units and are not directed at the
particular resident, but are uniform.
History: 1953 Comp., § 70-7-39, enacted by Laws 1975, ch. 38, § 39; 1989, ch. 253, §
1; 1995, ch. 195, § 18; 1999, ch. 91, § 6.Section 47-8-39 of New Mexico's Uniform Owner-Resident Relations Act prohibits a property owner from retaliating against a resident who is complying with their rental agreement by raising rent, cutting services, or initiating or threatening eviction proceedings. This protection applies when the resident has, within the prior six months, taken protected actions such as reporting housing code violations, joining a tenants' organization, exercising legal rights under the Act, filing a fair housing complaint, participating in litigation, testifying for another resident, or lawfully withholding rent. An owner may still adjust rent or services at the end of a lease term if the change is uniform across comparable units and not targeted at a specific resident.
Plain English — not legal advice.
Under § 47-8-39, compliant operators are careful to document the business rationale for any rent increase or service change, particularly when a resident has recently engaged in protected activity such as filing a code complaint or joining a tenants' association. Operators generally apply rent adjustments and service changes uniformly across comparable units, maintaining records that demonstrate the changes are not directed at any individual resident. When a rent increase or service modification follows protected resident activity within a six-month window, having clear, contemporaneous documentation of a non-retaliatory basis is a hallmark of sound property management practice under this provision.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-8-39 gives New Mexico residents a legal shield against rent hikes, service reductions, or eviction threats that follow protected actions—such as reporting unsafe conditions to a government agency, joining a tenants' union, or exercising rights under the Uniform Owner-Resident Relations Act—taken within the previous six months. If an owner violates this provision, the resident is entitled to remedies under § 47-8-48 and may raise the retaliation as a defense in any eviction proceeding brought against them. Residents who believe they are experiencing retaliation may consider contacting a local tenant-rights organization, a fair housing agency, or a legal aid office to understand the range of options available under this provision.
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.
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