1. A. The terms and conditions of a tenancy shall be adequately disclosed in writing in a rental agreement by the management to any prospective resident prior to the rental or occupancy of a mobile home space or lot. The disclosures shall include:

   1. (1) the term of the tenancy, the amount of the rent and the dollar amount of any rent increases for each of the preceding two years;
   2. (2) the day the rental payment is due;
   3. (3) the day when unpaid rent shall be considered in default;
   4. (4) the rules and regulations of the park then in effect;
   5. (5) the zoning applicable to the property upon which the park is located;
   6. (6) the name and mailing address where a manager's decision may be appealed;
   7. (7) the name and mailing address of the owner of the park;
   8. (8) all charges to the tenant other than rent; and
   9. (9) A statement explaining the resident's right to request alternative dispute resolution of any disputes with the mobile home park owner or management, except for disputes over nonpayment of rent or utility charges or in the case of public safety emergencies.
2. B. The rental agreement shall be signed by both the management and the resident, and each party shall receive a copy of it.
3. C. The management and the resident may include in a rental agreement terms and conditions not prohibited under the provisions of the Mobile Home Park Act.
4. D. If an owner deliberately uses a rental agreement containing provisions known by him to be prohibited by law or by the provisions of Section 47-10-11, 47-10-12 or 47-10-13 NMSA 1978, the resident may recover damages sustained by him resulting from application of the illegal provision and reasonable attorney fees.

History: Laws 1983, ch. 122, § 14; 1993, ch. 147, § 4; 1997, ch. 186, § 3.

ANNOTATIONS

Cross references. — For Real Estate Disclosure Act, see 47-13-1 NMSA 1978.

The 1997 amendment, effective June 20, 1997, in Subsection A, added the language beginning "and the dollar" in Paragraph (1), added Paragraph (5) and redesignated the remaining paragraphs accordingly, added Paragraph (9), and made stylistic changes throughout the subsection.

The 1993 amendment, effective July 1, 1993, in Subsection A, added Paragraph (6), redesignated former Paragraph (6) as Paragraph (7), and made several stylistic changes; made a minor stylistic change in Subsection B; and substituted "Section 47-10-11, 47-10-12 or 47-10-13 NMSA 1978" for "Sections 11, 12, or 13 of the Mobile Home Park Act" in Subsection D.

The district court erred in ruling that defendant's failure to include an alternate dispute resolution disclosure was de minimis. — Where plaintiff, a resident of a mobile home park owned and operated by defendant, filed suit alleging eight causes of action, which were merged by the district court into a single cause of action of negligent or fraudulent misrepresentation, and where Plaintiff raised a claim that defendants had violated 47-10-14(A)(9) NMSA 1978 of the Mobile Home Park Act (MHPA) by failing to include a mandatory alternative dispute resolution (ADR) disclosure in the lease, the district court erred in concluding that the omission of the ADR disclosure was de minimis on the ground that ADR under the MHPA is permissive, not mandatory, the district court erred in its ruling because the plain language of 47-10-14(A)(9) NMSA 1978 requires the disclosure and should be strictly construed. Failure to include a mandatory disclosure is a non-de minimis violation of the MHPA. White v. Amber Skies Cmty., LLC, 2026-NMCA-055.