3-12-2025 8:10pm

Op-Ed: New Mexico HM35 A Ploy to Kill HB418 and HB 442

Dear Senators and Representatives:

HM35 was passed by the House Judiciary Committee. HM35 proposes to establish a work group to conduct a 2-year study regarding regulation framework and rent stabilization for New Mexico Mobile Home Parks.

HM 35 appears to kill HB418 and HB 442, two bills, (HB418) providing the New Mexico AG a directive to oversee and enforce the existing New Mexico Mobile Home Park Act, (MHPA), and (HB442) proposing rent stabilization. HM35 was supported by "opponents" of both HB418 and HB442.

Why do we need a work group to conduct a 2-year study on issues that the legislature has been aware of for several years and simply failed to take action on? Investor groups, private equity and others, buying mobile home parks, making continuous large rent increases, failing to maintain parks, and violating provisions of the MHPA.
The MHPA already establishes rules and regulations that park owners must follow in the operation of their parks. The problem is that the AG has failed to oversee and enforce violations citing the fact that they don't have a "directive" to do so. HB418 would provide that directive to the AG. A simple solution to the "top cop" of New Mexico... oversee and enforce the existing law!

HB442 would propose to establish rent stabilization, the other well-known issue faced by many mobile home park residents, especially senior citizen residents of 55+ age group parks living on fixed or limited incomes. The media, public, and the legislature are well aware of the predatory business practices of buying parks, jacking up rents, and eliminating services for the simple purpose of pure profits.

Opponents of both bills argued they didn't need oversight or enforcement, and rent stabilization would inhibit owners financially from making improvements or repairs. I believe the phrase "respond to conditions" was used by an opponent of HB442 at the recent hearing.

HM35 simply "kicks the can down the road." Of course, opponents of HB418 and especially HB442 would support HM35. Not only does it effectively kill any immediate action proposed by either bill but gives the investors and owners two more years to make unlimited rent increases and fatten their bank accounts at the expense of park residents.

Even after the 2-year period we would be right back to square one regarding any recommendations that the work group might make. Recommendations would have to go before the committees again for review and would be opposed by the same opponents making the same arguments we've heard for years against oversight and enforcement of the MHPA, and anything to do with rent stabilization.

The proposed make-up of the work group is even questionable. The NM Manufactured Housing Division, Rules and Regulations department would chair the work group. The MHD doesn't even have authority to force corrections of violations that contractors might get cited for during the lot preparation, installation of a mobile home, or construction of associated structures, HVAC, carports, etc. The AG"s office (another proposed member of the work group) won't currently enforce the MHPA because they don't have a directive to. Other members of the proposed work group... mobile home park "landlord", public regulation commission, governor's office of housing, and a park resident.

Let's see...

MHD, who can't force corrections of their own codes, AG who needs a directive to enforce the law, public regulation commission, governor's office of housing who has been virtually silent on these issues, a landlord who is making profits off of rent increases, and oh yes, the single resident of a mobile home park. Most mobile home park residents don't even know about the existence of the MHPA or what it's about. Wow, no wonder opponents of HB418 and HB442 supported HM35.

Am I the only person who sees the futility of what is happening regarding HM35 and kicking the can down the road?

We're simply giving a win to the opponents of HB418 and HB442, allowing the continued predatory business practice of mobile home parks being cash cows for owners, and marking our calendar for the same issues to reappear in two years with the same arguments by opponents

What will the legislature do then... recommend another study?

HB418 and HB442, as initially proposed, if passed by a legislature that really had the well-being of New Mexico mobile home park residents at heart, would have at least started the process of "doing the right thing" for New Mexico citizens.

Now, both bills, and the desperately needed help and hopes of mobile home park residents are just like the attached image of our park's hot tub resident. "Dead"..

-Gary Perry

Note: Gary Perry is a local advocate for senior citizens rights and fair housing. His series of articles on Mobile Home Park rights can be found via the links below...

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

New Mexico Mobile Home Park Act Summary and Needed Changes Part 5

Commentary on HB442 and Rep John Block's opposition to aiding mobile residents interests..