N.M. Stat. Ann. § 47-10-17

Alternative dispute resolution; when permitted; court actions.

In Force
Verified 10/26/2026 · Next check 11/2/2026
New MexicoEviction & Just Cause

Operative Text

N.M. Stat. Ann. § 47-10-17
47-10-17. Alternative dispute resolution; when permitted; court actions.
    A. In any civil dispute between the management and a resident of a mobile home
park arising out of the provisions of the Mobile Home Park Act, except for nonpayment
of rent or utility charges or in cases in which the health or safety of other residents is in
imminent danger, the controversy may be submitted to alternative dispute resolution by
request of either party prior to the filing of a court action or a forcible entry and detainer
action. The cost of the alternative dispute resolution services shall be divided equally
among the disputing parties.

    B. The agreement, if one is reached, shall be presented to the court as a stipulation.
Either party to the dispute resolution process may terminate the process at any time
without prejudice.

   C. If either party subsequently violates the stipulation, the other party may apply
immediately to the court for relief.

   D. Any alternative dispute resolution pursuant to this section shall be performed by
a professionally certified mediator approved by all disputing parties.

History: Laws 1983, ch. 122, § 17; 1997, ch. 186, § 6.
Source: Legislative text reproduced verbatim
Plain English

Section 47-10-17 of the Mobile Home Park Act establishes a pathway for resolving civil disputes between mobile home park management and residents through alternative dispute resolution (ADR) before a court or eviction action is filed. ADR is available for most disputes under the Act, but not for nonpayment of rent or utility charges, or situations involving imminent danger to the health or safety of other residents. The costs of ADR are split equally among the parties, any agreement reached is submitted to the court as a stipulation, and either party may exit the process at any time without penalty. If a party later violates the stipulation, the other party may seek immediate court relief.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 26, 2026

Plain English — not legal advice.

For Property Managers

Under § 47-10-17, operators of mobile home parks should be aware that either party—management or resident—may request ADR before initiating a court or forcible entry and detainer action in most civil disputes arising under the Mobile Home Park Act. Compliant operators generally understand which disputes qualify for ADR (most civil matters) and which do not (nonpayment of rent or utilities, or imminent health and safety threats). When ADR is pursued, management typically participates in selecting a professionally certified mediator approved by all parties and prepares to share the cost of those services equally with the other side.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Section 47-10-17 gives residents of mobile home parks the right to request alternative dispute resolution before a court action is filed in most civil disputes with park management under the Mobile Home Park Act—though this option is not available for nonpayment of rent or utilities, or when there is imminent danger to others' health or safety. If an agreement is reached through ADR, it becomes a court stipulation, and if management later violates that stipulation, a resident may apply directly to the court for relief. Residents who want to understand whether their specific dispute qualifies for ADR, or who need help navigating the process, may benefit from contacting a local tenant-rights organization or legal aid office familiar with New Mexico mobile home park law.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

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References Out

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References In

Rules and statutes that cite this regulation

N.M. Stat. Ann. § 47-10-8
N.M. Stat. Ann. § 47-10-14
N.M. Stat. Ann. §§ 47-10-19–47-10-22
N.M. Stat. Ann. § 47-10-6

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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