10-11-2024 12:52pm

New Mexico Mobile Home Park Act Summary and Needed Changes Part 5 in Series by Gary Perry

Editors note: AlamogordoTownNews.org began this citizen generated series as collaborative project with Gary Perry to educate our readers and subscribers on protections offered under the New Mexico Mobile Home Park Act (MHPA).

This series was sparked because of issues local mobile home park owners have faced with absentee owners that had allowed park infrastructure to decline resulting in parks without gas, water and basic disrepair. AlamogordoTownNews.org has been the only local media source to provide consistent and ongoing coverage related to these citizen concerns.

In Alamogordo as recently as this month a park off of White Sands Blvd was condemned by the city for significant health and safety and environmental violations to include pools of raw sewage exposed in the park.

This series is an example of citizen advocacy and the beauty of 1st Amendment community collaborations to inform, inspire and educate our local community and readers across the state on issues that are important to them. We thank Mr. Perry for this collaboration and look forward to further educational opportunities not only with him but with a variety of community subject matter experts as we expand our collaborations across diverse constituencies within our community.

A history of articles making up this series includes...

New Mexico Mobile Home Act Special Educational Series Introduction

New Mexico Mobile Home Act Special Educational Series: Tenancy Termination

New Mexico Mobile Home Act Special Educational Series: Part 3

Mobile Home Park Act Educational Series Part 4 by Gary Perry

In the previous articles pertaining to the New Mexico Mobile Home Park Act (MHPA) we have discussed applicability, tenancy termination, rules and regulations, and the rental agreement. It is imperative that you, as a resident in a mobile home park subject to the MHPA, become familiar with those sections and know your rights as a resident. Otherwise, you may be potentially subjected to violations of the Act committed against you such as discrimination, illegal threats of eviction, violations of the rental agreement or other actions. The saying: "knowledge is power" is definitely true if you're a mobile home park resident.

Of equal or even greater concern is understanding what is happening across the United States, and New Mexico with mobile home parks. Mobile home parks have become targets for investor groups, especially out-of-state corporate and private equity investor groups who are purchasing parks, making substantial rent increases, and eliminating or reducing services to the park residents. Such is the case in the park where I am a resident, as well as other parks across New Mexico. Our homes are not "mobile" from a practical standpoint due to the expense to move one, and potential structural damage. Investor groups know this and take full advantage of the situation. They continually increase rents simply because they can, and residents are basically prisoners of the park owners. There is a website "Mobile Home University" that promotes this situation as a major reason for potential investors to buy parks.

So, what can you do about it?

The MHPA needs significant changes to bring it up to date with what is happening across New Mexico. Changes such as rent control, better oversight, better enforcement and penalties for park owners and managers who violate provisions of the Act, and better protection of residents' rights

How can this be accomplished

The New Mexico legislature can pass such legislation "if" they want to. In 2023 several important proposed changes to the MHPA were brought before a New Mexico Senate committee in SB298. The committee caved to the owners and real estate lobbyists who argued against the proposed changes. The committee tabled the bill effectively killing it. The bill would have provided a rent control maximum cap, oversight of the MHPA by the Attorney General's office, stiff fines for park owner and managers who commit violations against park residents, and other important changes to help protect park residents.
In the upcoming 2025 legislative session another bill will be proposed offering some of the same important changes as SB298 did in 2023.

I urge you to contact New Mexico legislators and ask their support in making needed changes to the current MHPA.

I also encourage you to report violations or potential violations of the MHPA to the New Mexico Attorney General's office of consumer protection so that office can see that violations are occurring.

If we, "you" don't become proactive in forcing the legislature to make changes then investor groups will continue to buy parks, raise rents, (no ceiling on amount of rent increases) and violations of the MHPA, and other concerns will continue unabated against New Mexico park residents forcing many to either sell their homes or even lose their homes as is currently happening in some cases.

I hope my articles have provided you with valuable information to help you "know your rights" and understand the importance and need for your involvement in helping to get changes made to the MHPA that will protect you and your investment in your home for future years to come.

Thank you for taking time to read my articles.

Sincerely,

Gary Perry