N.M. Stat. Ann. § 47-8-9
Exemptions.
Operative Text
47-8-9. Exemptions.
Unless created to avoid the application of the Uniform Owner-Resident Relations
Act, the following arrangements are exempted by that act:
A. residence at an institution, public or private, if incidental to detention or the
provision of medical, geriatric, counseling, religious, educational when room and board
are an entity or similar service;
B. occupancy under a contract of sale of a dwelling unit or the property of which it is
part, if the occupant is the purchaser or a person who succeeds to his interest;
C. occupancy by a member of a fraternal or social organization in the portion of a
structure operated for the benefit of the organization;
D. transient occupancy in a hotel or motel;
E. occupancy by an employee of an owner pursuant to a written rental or
employment agreement that specifies the employee's right to occupancy is conditional
upon employment in and about the premises; and
F. occupancy under a rental agreement covering premises used by the occupant
primarily for agricultural purposes.
History: 1953 Comp., § 70-7-9, enacted by Laws 1975, ch. 38, § 9; 1995, ch. 195, § 4.Section 47-8-9 of New Mexico's Uniform Owner-Resident Relations Act (NMSA 47-8) carves out six categories of living arrangements that fall outside the Act's protections and requirements. These exemptions cover situations such as institutional residency tied to detention or care, occupancy under a contract of sale, fraternal organization housing, hotel or motel stays, employee housing tied to employment, and agricultural-use premises. The exemptions only apply when the arrangement is genuine — any arrangement structured specifically to sidestep the Act's protections does not qualify.
Plain English — not legal advice.
Property owners and managers operating in one of the six categories listed under § 47-8-9 — such as employee housing tied to a written employment agreement or agricultural-use rentals — generally fall outside the obligations imposed by the Uniform Owner-Resident Relations Act. Compliant operators in these categories typically document the nature of the arrangement clearly in writing, ensuring the occupancy genuinely fits the exemption rather than being structured to avoid the Act. Because the exemption is lost if the arrangement is created specifically to circumvent the Act, operators generally ensure the terms reflect the actual purpose of the occupancy.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
If you are living in a situation that a landlord claims falls under one of the § 47-8-9 exemptions — such as employee housing or an agricultural-use rental — it is worth understanding that the Uniform Owner-Resident Relations Act's tenant protections may not apply to your arrangement. However, the Act itself specifies that any arrangement created specifically to avoid its application does not qualify for an exemption, which can be a meaningful consideration. Tenants who believe an exemption is being improperly claimed can consult a tenant-rights organization or legal aid provider familiar with NMSA 47-8 to explore available options.
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.
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