N.M. Stat. Ann. § 47-8A-1
Rent control prohibition.
Operative Text
47-8A-1. Rent control prohibition. A. No political subdivision or any home rule municipality shall enact an ordinance or resolution that controls or would have the effect of controlling rental rates for privately owned real property. B. This section does not impair the right of a state agency, county or municipality to otherwise manage or control its property. C. The provisions of Subsection A of this section do not apply to privately owned real property for which benefits or funding have been provided under contract by federal, state or local governments or a governmental instrumentality for the express purpose of providing reduced rents to low- or moderate-income tenants. History: Laws 1991, ch. 23, § 1. ARTICLE 9 Right to Farm
New Mexico's NMSA § 47-8A-1 establishes a statewide prohibition on local rent control, barring any city, county, or other political subdivision from passing ordinances or resolutions that set or limit rental rates on privately owned property. The ban does not extend to government-owned property, which public agencies may still manage as they see fit. Importantly, the prohibition carves out an exception for privately owned housing that receives federal, state, or local government subsidies or funding specifically intended to provide reduced rents to low- or moderate-income tenants.
Plain English — not legal advice.
Under NMSA § 47-8A-1, operators of privately owned rental property in New Mexico can generally set and adjust rental rates without the constraint of local rent control ordinances, since the law bars political subdivisions from enacting such measures. Landlords who own or manage properties that receive government subsidies or funding designated for reduced rents to low- or moderate-income tenants should be aware that those properties fall outside the statewide prohibition and may be subject to rent restrictions tied to their subsidy agreements. Compliant operators typically review the terms of any government funding contracts to understand what rate limitations, if any, apply to their specific portfolio.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA § 47-8A-1 means that, in New Mexico, local governments are not permitted to enact rent control ordinances for privately owned housing, so tenants in most market-rate rentals do not have local rent stabilization protections to rely on. Tenants living in housing that receives government subsidies or funding specifically aimed at providing reduced rents to low- or moderate-income households may have rate protections derived from those funding contracts, which exist outside the scope of this prohibition. Tenants who believe their subsidized housing rent terms are not being honored can explore options such as contacting the relevant government agency administering the subsidy program or reaching out to a local tenant-rights organization for general guidance.
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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