New Mexico Mobile Home Park Rent Control: 2026 Guide

Is mobile home lot rent controlled in New Mexico?

Not in the sense of a price cap. New Mexico does not limit the amount or percentage a park owner can charge for lot rent — the rate is set by the market and your lease. What state law does control is the process for raising it.

The New Mexico Mobile Home Park Act (NMSA §§ 47-10-1 to 47-10-23) requires at least 60 days' written notice and disclosure before any lot-rent increase can take effect. There is no statewide percentage cap, and cities and counties are barred from enacting their own rent control.

Bottom line for operators: you control the number, but you must give proper written notice on time, disclose it accurately, and apply it without retaliation or discrimination.

New Mexico sets no cap on how much lot rent can rise

There is no statute in New Mexico that limits the size or percentage of a mobile-home lot-rent increase. The Mobile Home Park Act regulates notice and disclosure, not the dollar amount.

Watch this space: in the 2025 session, HB442 (the 'Mobile Home Rent Stabilization' bill) proposed capping increases at 3% through June 30, 2026 and 5% annually thereafter, plus limiting increases to once per 12 months. That bill died in committee and never became law — so no cap or frequency limit currently applies. Similar bills could return in future sessions, so track New Mexico legislation each year.

The 60-day written-notice rule under the Mobile Home Park Act

Two sections of the Act require advance written notice of a rent increase. NMSA § 47-10-6 states plainly: 'Rent shall not be increased without sixty days' written notice to the tenant.' NMSA § 47-10-19(A) reinforces this, requiring the landlord to 'fully and accurately disclose in writing' the increase 'at least sixty days prior to implementation.'

Important accuracy point: New Mexico does NOT limit how often you can raise lot rent. There is no once-per-12-month cap in current law — that idea came from the failed HB442, and § 47-10-4 (sometimes cited for it) is actually the 'Action for termination' section and has nothing to do with rent frequency. Still, apply increases consistently to avoid retaliation claims.

Separately, § 47-10-19(B) requires that, on a resident's written request, you disclose a current schedule of the range of rental rates in the park. Failing to comply with the § 47-10-19 disclosure rules exposes you to a civil penalty of up to $500 per violation under § 47-10-23.

Local rent control in New Mexico

No New Mexico city or county can impose lot-rent control. The statewide Rent Control Prohibition, NMSA § 47-8A-1(A), provides: '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.'

Because of this preemption (enacted in 1991), there is no fixed local percentage cap anywhere in New Mexico. The only exception concerns privately owned housing receiving government funding expressly for reduced rents to low- or moderate-income tenants, which does not apply to standard market-rate mobile home parks.

Rent-increase rules at a glance in New Mexico

• Statewide rent cap
  None. No New Mexico statute limits the amount or percentage of a mobile-home lot-rent increase (Mobile Home Park Act, NMSA §§ 47-10-1 to 47-10-23).
• Notice before an increase
  At least 60 days' written notice and disclosure before any lot-rent increase takes effect (NMSA § 47-10-6 and § 47-10-19(A)).
• Frequency limit
  None in current law. New Mexico does not cap how often lot rent may be raised; the proposed once-a-year limit (HB442, 2025) failed to pass.
• Rate-range disclosure
  On a resident's written request, you must provide a current schedule of the range of rental rates in the park (NMSA § 47-10-19(B)).
• Local rent control
  Prohibited statewide. No city or county may control rental rates (NMSA § 47-8A-1).
• Penalty for noncompliance
  Up to $500 civil penalty per violation of the § 47-10-19 disclosure requirements (NMSA § 47-10-23).

Operator best practices in New Mexico

• Send the 60-day notice in writing every time
  Deliver a written rent-increase notice at least 60 days before the new rate takes effect, and keep proof of delivery — the requirement appears in both § 47-10-6 and § 47-10-19(A).
• Disclose the increase fully and accurately
  State the new rent clearly and in writing; § 47-10-19(A) requires a full, accurate written disclosure, and sloppy notices can trigger the § 47-10-23 penalty.
• Keep a current rate-range schedule on hand
  Maintain a dated schedule of the range of rental rates in the park so you can respond to a resident's written request under § 47-10-19(B).
• Do not assume a frequency cap protects or binds you
  New Mexico currently sets no once-per-year limit, but apply increases consistently and monitor future legislation (HB442-style bills) that could add caps.
• Avoid retaliatory or discriminatory increases
  Even without a uniformity mandate, non-retaliation and non-discrimination principles apply through § 47-10-15(D) and the Uniform Owner-Resident Relations Act (via § 47-10-18); single-out increases invite disputes.
• Build a relationship with a New Mexico MHP attorney
  Have local counsel experienced in the Mobile Home Park Act review your notice templates, lease language, and increase procedures before you roll out changes across a park.