New Mexico 2021 Regular Session Status: In Committee 1 D cosponsors

SB 338 — DOMESTIC VIOLENCE VICTIM RELEASE FROM LEASE

Last action — DO PASS, as amended, committee report adopted

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    Introduced
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    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

411 added · 323 removed

Plain-language change summary

The recent amendments to Senate Bill 338 clarify the bill's purpose, which aims to allow tenants who are victims of domestic violence or sexual assault to exit their lease agreements without penalties. This change is significant because it provides essential protections for vulnerable individuals, allowing them to leave unsafe living situations without financial repercussions. By explicitly stating this intent, the amendments strengthen the bill's impact on tenant rights and safety.

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SENATE BILL 338 55TH LEGISLATURE -STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Antoinette Sedillo Lopez 6 8 10 AN ACT RELATING TO REAL PROPERTY;
SENATE BILL 338 55TH LEGISLATURE - STATEOFNEWMEXICO- FIRST SESSION, 2021 INTRODUCED BY Antoinette Sedillo Lopez This document may incorporate amendments proposed by a committee, but not yet adopted, as well as amendments that have been adopted during the current legislative session.
ALLOWING TENANTS WHO ARE VICTIMS OF DOMESTIC VIOLENCE OR SEXUAL ASSAULT TO BE RELEASED WITHOUT PENALTY FROM LEASE AGREEMENTS.
The document is a tool to show amendments in context and cannot be used for the purpose of adding amendments to legislation.
15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
h AN ACT g o RELATING TO REAL PROPERTY;
SECTION 1.
ALLOWING TENANTS WHO ARE VICTIMS OF t hr g e i k DOMESTIC VIOLENCE OR SEXUAL ASSAULT TO BE RELEASED WITHOUT h r i s PENALTY FROM LEASE AGREEMENTS.
Section 47-8-33 NMSA 1978 (being Laws 1975, e t 17 Chapter 38, Section 33, as amended) is amended to read:
h , t, e u g e b l e e h BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
w l n d 18 "47-8-33.
n d d i = = o h SECTION 1.
BREACH OF AGREEMENT BY RESIDENT AND RELIEF BY = = 19 a l OWNER.-- i a e r 20 A.
Section 47-8-33 NMSA 1978 (being Laws 1975, l ] b ,d i a º e Chapter 38, Section 33, as amended) is amended to read:
Except as provided in the Uniform Owner-Resident a t m m 21 Relations Act, if there is noncompliance with Section 47-8-22 d r e 22 NMSA 1978 materially affecting health and safety or upon the c e s k 23 initial material noncompliance by the resident with the rental e a n b 24 agreement or [any] a separate agreement, the owner shall u [ deliver a written notice to the resident specifying the acts .218869.1 and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days.
r i = r t e w d m a n o "47-8-33.
BREACH OF AGREEMENT BY RESIDENT AND RELIEF BY d m :
b e d s º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e e a n e d r e l u [ A d OWNER.-- A.
Except as provided in the Uniform Owner-Resident Relations Act, if there is noncompliance with Section 47-8-22 NMSA 1978 materially affecting health and safety or upon the initial material noncompliance by the resident with the rental agreement or [any ] a separate agreement, the owner shall deliver a written notice to the resident specifying the acts and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement will terminate upon a date not less than seven days after receipt of the notice if the breach is not remedied in seven days.
Upon the second material noncompliance with the rental agreement or any separate agreement by the resident, within six months of the initial breach, the owner shall deliver a written notice to the resident specifying the acts and omissions constituting the breach, including the dates and specific facts describing the nature of the alleged breach, and stating that the rental agreement shall terminate upon a date not less than seven days after receipt of the notice.
Upon the second material noncompliance with the rental agreement or any separate agreement by the resident, within six months of the initial breach, the owner shall deliver a written notice to the resident specifying the acts h and omissions constituting the breach, including the dates and u » r specific facts describing the nature of the alleged breach, and t h g e l i stating that the rental agreement shall terminate upon a date h r i s not less than seven days after receipt of the notice.
If the subsequent breach occurs more than six months after the initial breach, it shall constitute an initial breach for purposes of applying the provisions of this section.
If the h , e h subsequent breach occurs more than six months after the initial t u g e b l e e , gh breach, it shall constitute an initial breach for purposes of n d d i = = o h applying the provisions of this section.
e t 17 C.
l ] b ,d i a º r C.
The initial notice provided in this section w l n d 18 shall state that the rental agreement will terminate upon the = = 19 a l second material noncompliance with the rental agreement or any i a e r 20 separate agreement by the resident, within six months of the a t m m 21 initial breach.
The initial notice provided in this section e r = t e w d m a n o shall state that the rental agreement will terminate upon the d m :
To be effective, [any] a notice pursuant to d r e 22 this subsection shall be given within thirty days of the breach c e s k 23 or knowledge thereof.
b r e t º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e - 2 - e a n e d r e l u [ A d second material noncompliance with the rental agreement or any separate agreement by the resident, within six months of the initial breach.
e a n b 24 D.
To be effective, [any ] a notice pursuant to this subsection shall be given within thirty days of the breach or knowledge thereof.
If rent is unpaid when due and the resident u [ fails to pay rent within three days after written notice from .218869.1 - 2 - the owner of nonpayment and [his] the owner's intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit;
D.
If rent is unpaid when due and the resident fails to pay rent within three days after written notice from the owner of nonpayment and [his ] the owner's intention to terminate the rental agreement, the owner may terminate the rental agreement and the resident shall immediately deliver possession of the dwelling unit;
In any court action for possession for nonpayment of rent or other charges where the resident disputes the amount owed because [(1)] the resident has abated rent pursuant to Section 47-8-27.2 or 47-8-4 NMSA 1978 or [(2)] the owner has allocated rent paid by the resident as payment for damages to the premises, then, if the owner is the prevailing party, the court shall enter a writ of restitution conditioned upon the right of the resident to remedy within three days of entry of judgment.
In any court action for possession for nonpayment of rent or other charges where the resident disputes h the amount owed because [(1) ] the resident has abated rent g o t hr pursuant to Section 47-8-27.2 or 47-8-4 NMSA 1978 or [(2) ] the g e i k owner has allocated rent paid by the resident as payment for h r i s damages to the premises, then, if the owner is the prevailing h , t, party, the court shall enter a writ of restitution conditioned e u g e b l e e h upon the right of the resident to remedy within three days of n d d i = = o h entry of judgment.
If the resident has satisfied the judgment e t 17 within three days, the writ shall be dismissed.
If the resident has satisfied the judgment l ] b ,d i a º e within three days, the writ shall be dismissed.
If the w l n d 18 resident has not satisfied the judgment within three days, the = = 19 a l owner may execute upon the writ without further order of the i a e r 20 court.
If the r i = r t e w d m a n o resident has not satisfied the judgment within three days, the d m :
a t m m 21 F.
b e d s º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e - 3 - e a n e d r e l u [ A d owner may execute upon the writ without further order of the court.
Except as provided in the Uniform Owner-Resident d r e 22 Relations Act, the owner may recover damages and obtain c e s k 23 injunctive or other relief for [any] noncompliance by the e a n b 24 resident with the rental agreement or this section or Section u [ 47-8-22 NMSA 1978.
F.
.218869.1 - 3 - G.
Except as provided in the Uniform Owner-Resident Relations Act, the owner may recover damages and obtain injunctive or other relief for [any ] noncompliance by the resident with the rental agreement or this section or Section 47-8-22 NMSA 1978.
G.
When the last day for remedying any breach pursuant to written notice required under the Uniform Owner- Resident Relations Act occurs on a weekend or federal holiday, the period to remedy shall be extended until the next day that is not a weekend or federal holiday.
When the last day for remedying any breach pursuant to written notice required under the Uniform Owner- h Resident Relations Act occurs on a weekend or federal holiday, u » r the period to remedy shall be extended until the next day that t h g e l i is not a weekend or federal holiday.
I.
h r i s I.
If the resident knowingly commits or consents to another person in the dwelling unit or on the premises knowingly committing a substantial violation, the owner shall deliver a written notice to the resident specifying the time, e t 17 place and nature of the act constituting the substantial w l n d 18 violation and that the rental agreement will terminate upon a = = 19 a l date not less than three days after receipt of the notice.
If the resident knowingly commits or consents to h , e h another person in the dwelling unit or on the premises t u g e b l e e , gh knowingly committing a substantial violation, the owner shall n d d i = = o h deliver a written notice to the resident specifying the time, l ] b ,d i a º r place and nature of the act constituting the substantial e r = t e w d m a n o violation and that the rental agreement will terminate upon a d m :
i a e r 20 J.
b r e t º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e - 4 - e a n e d r e l u [ A d date not less than three days after receipt of the notice.
In any action for possession [under] pursuant to a t m m 21 Subsection I of this section, it shall be a defense that the d r e 22 resident is a victim of domestic violence or of sexual assault.
J.
c e s k 23 If the resident has filed for or secured a temporary domestic e a n b 24 violence restraining order as a result of the incident that is u [ the basis for the termination notice or as a result of a prior .218869.1 - 4 - incident, the writ of restitution shall not issue.
In any action for possession [under ] pursuant to Subsection I of this section, it shall be a defense that the resident is a victim of domestic violence or of sexual assault .
In all other cases [where] in which domestic violence or sexual assault is raised as a defense, the court shall have the discretion to evict the resident accused of the violation, while allowing the tenancy of the remainder of the residents to continue undisturbed.
If the resident has filed for or secured a temporary domestic violence restraining order as a result of the incident that is the basis for the termination notice or as a result of a prior incident, the writ of restitution shall not issue.
In all other cases [where ] in which domestic violence or sexual assault is raised as a defense, the court shall have the discretion to evict the resident accused of the violation, while allowing the tenancy of the remainder of the residents to continue undisturbed.
In any action for possession [under] pursuant to Subsection I of this section, it shall be a defense that the resident did not know of, and could not have reasonably known of or prevented, the commission of a substantial violation by any other person in the dwelling unit or on the premises.
In any action for possession [under ] pursuant to Subsection I of this section, it shall be a defense that the resident did not know of, and could not have reasonably known h of or prevented, the commission of a substantial violation by g o t hr any other person in the dwelling unit or on the premises.
L.
g e i k L.
In [an] any action for possession [under] pursuant to Subsection I of this section, it shall be a defense that the resident took reasonable and lawful actions in defense of [himself] the resident, others or [his] the resident's property.
In [an] any action for possession [under] h r i s pursuant to Subsection I of this section, it shall be a defense h , t, that the resident took reasonable and lawful actions in defense e u g e b l e e h of [himself ] the resident, others or [his] the resident's n d d i = = o h property.
e t 17 M.
l ] b ,d i a º e M.
In any action for possession [under] pursuant to w l n d 18 Subsection I of this section, if the court finds that the = = 19 a l action was frivolous or brought in bad faith, the petitioner i a e r 20 shall be subject to a civil penalty equal to two times the a t m m 21 amount of the monthly rent, plus damages and costs." d r e 22 SECTION 2.
In any action for possession [under ] pursuant to r i = r t e w d m a n o Subsection I of this section, if the court finds that the d m :
A new section of the Uniform Owner-Resident c e s k 23 Relations Act is enacted to read:
b e d s º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e - 5 - e a n e d r e l u [ A d action was frivolous or brought in bad faith, the petitioner shall be subject to a civil penalty equal to two times the amount of the monthly rent, plus damages and costs." SECTION 2.
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e a n b 24 "[NEW MATERIAL] NO PENALTY FOR TERMINATION OF RENTAL u [ AGREEMENT.-- .218869.1 - 5 - A.
A new section of the Uniform Owner-Resident Relations Act is enacted to read:
A resident may terminate a rental agreement if the resident provides to the owner written notice that the resident is the victim of domestic violence or sexual assault in the dwelling unit or on the premises.
"[NEW MATERIAL ] NO PENALTY FOR TERMINATION OF RENTAL AGREEMENT.-- A.
In that case, the resident's rights and obligations under the rental agreement are terminated, and the resident shall vacate the dwelling unit and avoid liability for future rent and shall not incur early termination penalties or fees if the tenant provides to the owner a written notice requesting release from the rental agreement with a mutually agreed on release date within the next thirty days, accompanied by any one of the following:
A resident may terminate a rental agreement if the resident provides to the owner written notice that the resident is the victim of domestic violence or sexual assault SHPACº in the dwelling unit or on the premises»SHPAC .
(1) a copy of a protective order issued to the resident who is a victim of domestic violence or sexual assault;
In that case, the resident's rights and obligations under the rental agreement are terminated, and the resident shall vacate the dwelling unit and avoid liability for future rent and shall not incur early termination penalties or fees if the tenant provides to the owner a written notice requesting release from h the rental agreement with a mutually agreed on release date u » r within the next thirty days, accompanied by any one of the t h g e l i following:
or (2) a letter or form from any provider of services for victims of domestic violence or sexual assault e t 17 that states that the resident is a victim of domestic violence w l n d 18 or sexual assault in the dwelling unit or on the premises.
h r i s (1) a copy of a protective order issued to the h , e h resident who is a victim of domestic violence or sexual t u g e b l e e , gh assault;
= = 19 a l B.
or n d d i = = o h (2) a letter or form from any provider of l ] b ,d i a º r services for victims of domestic violence or sexual assault e r = t e w d m a n o that states that the resident is a victim of domestic violence d m :
The resident may terminate the rental agreement i a e r 20 pursuant to this section only if the actions, events or a t m m 21 circumstances that resulted in the tenant being a victim of d r e 22 domestic violence or sexual assault occurred within the thirty- c e s k 23 day period immediately preceding the written notice of e a n b 24 termination to the owner unless the thirty-day limitation is u [ waived by the owner.
b r e t º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e - 6 - e a n e d r e l u [ A d or sexual assault SHPACºin the dwelling unit or on the premises»SHPAC .
.218869.1 - 6 - C.
B.
The resident may terminate the rental agreement pursuant to this section only if the actions, events or circumstances that resulted in the tenant being a victim of domestic violence or sexual assault occurred within the thirty- day period immediately preceding the written notice of termination to the owner unless the thirty-day limitation is waived by the owner.
C.
The amount due from the resident shall be paid to the owner on or before the date the resident vacates the dwelling unit.
The amount due from the resident shall be paid to the owner on or before the date the resident vacates the dwelling h unit.
If the resident has prepaid rent that would apply for the month in which the lease is terminated, the owner may retain the prepaid rent and no refund is due to the resident.
If the resident has prepaid rent that would apply for u » r the month in which the lease is terminated, the owner may t h g e l i retain the prepaid rent and no refund is due to the resident.
If the resident has paid a security deposit, the owner shall not withhold the security deposit for the early termination of the lease if the resident meets the requirements prescribed by Subsection A of this section, but may withhold the security deposit for payment of damages that the landlord suffered by reason of the resident's damage to or failure to maintain the e t 17 premises.
h r i s If the resident has paid a security deposit, the owner shall h , e h not withhold the security deposit for the early termination of t u g e b l e e , gh the lease if the resident meets the requirements prescribed by n d d i = = o h Subsection A of this section, but may withhold the security l ] b ,d i a º r deposit for payment of damages that the landlord suffered by e r = t e w d m a n o reason of the resident's damage to or failure to maintain the d m :
w l n d 18 D.
b r e t º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e - 7 - e a n e d r e l u [ A d premises.
An owner who installs a new lock at the = = 19 a l resident's request may retain a copy of the key that opens the i a e r 20 new lock.
D.
Notwithstanding any provision in the rental a t m m 21 agreement, the owner may refuse to provide a key that opens the d r e 22 new lock to the person alleged to have committed domestic c e s k 23 violence or sexual assault in an order of protection or a e a n b 24 letter or form pursuant to Subsection A of this section.
An owner who installs a new lock at the resident's request may retain a copy of the key that opens the new lock.
u [ E.
Notwithstanding any provision in the rental agreement, the owner may refuse to provide a key that opens the new lock to the person alleged to have committed domestic violence or sexual assault in an order of protection or a letter or form pursuant to Subsection A of this section.
An owner shall refuse to provide access to the .218869.1 - 7 - dwelling unit to reclaim property to any resident if the resident is the person alleged to have committed domestic violence or sexual assault against another resident in an order of protection or a letter or form pursuant to Subsection A of this section and who has been served with an order of protection naming that resident as the defendant, and the owner has received a copy of the order of protection, unless a law enforcement officer escorts the resident into and out of the dwelling unit.
E.
F.
An owner shall refuse to provide access to the dwelling unit to reclaim property to any resident if the resident is the person alleged to have committed domestic violence or sexual assault against another resident in an order of protection or a letter or form pursuant to Subsection A of this section and who has been served with an order of protection naming that resident as the defendant, and the owner has received a copy of the order of protection, unless a law h enforcement officer escorts the resident into and out of the u » r dwelling unit.
A resident who terminates a lease pursuant to this section and who is convicted of falsely filing an order of protection for domestic violence or sexual assault is liable to the owner for treble damages for premature termination of the lease.
t h g e l i F.
G.
A resident who terminates a lease pursuant to h r i s this section and who is convicted of falsely filing an order of h , e h protection for domestic violence or sexual assault is liable to t u g e b l e e , gh the owner for treble damages for premature termination of the n d d i = = o h lease.
A person alleged to have committed domestic violence or sexual assault in an order of protection or a e t 17 letter or form pursuant to Subsection A of this section who w l n d 18 provokes an early lease termination under this section is = = 19 a l deemed to have interfered with the residential rental agreement i a e r 20 between the owner and resident regardless of whether the person a t m m 21 named in an order of protection or a letter or form pursuant to d r e 22 Subsection A of this section is a party to the rental c e s k 23 agreement, and the person named in an order of protection or a e a n b 24 letter or form pursuant to Subsection A of this section may be u [ civilly liable for all economic losses incurred by an owner and .218869.1 - 8 - for the domestic violence or sexual assault early lease termination.
l ] b ,d i a º r G.
A person alleged to have committed domestic e r = t e w d m a n o violence or sexual assault in an order of protection or a d m :
b r e t º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e - 8 - e a n e d r e l u [ A d letter or form pursuant to Subsection A of this section who provokes an early lease termination under this section is deemed to have interfered with the residential rental agreement between the owner and resident regardless of whether the person named in an order of protection or a letter or form pursuant to Subsection A of this section is a party to the rental agreement, and the person named in an order of protection or a letter or form pursuant to Subsection A of this section may be civilly liable for all economic losses incurred by an owner and for the domestic violence or sexual assault early lease termination.
If there are multiple residents who are parties to a rental agreement that has been terminated under this section, the tenancy for those residents also terminates.
If there are multiple residents who are parties h to a rental agreement that has been terminated under this u » r section, the tenancy for those residents also terminates.
The residents who are not the victims of domestic violence or sexual assault, excluding the person alleged to have committed domestic violence or sexual assault in an order of protection or a letter or form pursuant to Subsection A of this section that caused the termination of the lease pursuant to this section, may be released from any financial obligations due under the previously existing rental agreement and the e t 17 remaining residents may be allowed to enter into a new lease w l n d 18 with the owner if the residents meet all current application = = 19 a l requirements.
The t h g e l i residents who are not the victims of domestic violence or h r i s sexual assault, excluding the person alleged to have committed h , e h domestic violence or sexual assault in an order of protection t u g e b l e e , gh or a letter or form pursuant to Subsection A of this section n d d i = = o h that caused the termination of the lease pursuant to this l ] b ,d i a º r section, may be released from any financial obligations due e r = t e w d m a n o under the previously existing rental agreement and the d m :
i a e r 20 I.
b r e t º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e - 9 - e a n e d r e l u [ A d remaining residents may be allowed to enter into a new lease with the owner if the residents meet all current application requirements.
An emergency order of protection or a protective a t m m 21 order that is issued to a resident of a rental property d r e 22 automatically applies to the entire residential rental property c e s k 23 in which the resident has a rental agreement." e a n b 24 SECTION 3.
I.
EFFECTIVE DATE.--The effective date of the u [ provisions of this act is July 1, 2021.
An emergency order of protection or a protective order that is issued to a resident of a rental property automatically applies to the entire residential rental property in which the resident has a rental agreement." SECTION 3.
.218869.1 - 9 -
EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2021.
- 10 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , gh n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :
b r e t º o t n = .218869.1AIC March 10, 2021 (11:15am) s k m e e a n e d r e l u [ A d
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Action History

  1. DO PASS, as amended, committee report adopted

  2. Sent to Senate Health and Public Affairs Committee & Senate Judiciary Committee

Sponsors

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1 sponsors · 0 co-sponsors · 111 not signed on

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Not signed on (111)

111 members have not signed on to this bill.

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public-safety housing civil-rights
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Frequently asked questions

Who sponsors SB 338?
SB 338 is sponsored by Antoinette Sedillo Lopez (Democrat).
What is the current status of SB 338?
This bill died with 2021 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
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