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Panel hears HB 462 to extend nonpayment notice from 3 to 10 days; committee delays vote after losing quorum
Summary
Representative Luhan presented HB 462 to give tenants ten days to cure unpaid rent instead of three; housing advocates supported the change citing rising rents and homelessness, while realtors and property managers opposed it; committee moved to a do‑pass motion but postponed a vote because of lost quorum.
Representative Linda Luhan introduced House Bill 462 to the House Consumer and Public Affairs Committee, proposing to extend the statutory nonpayment-of-rent cure period from three days to ten days.
Under current state statute, property owners may issue a three‑day notice for nonpayment; HB 462 would change that notice period to ten days before a rental agreement may be terminated. Representative Luhan said the change is intended to give tenants additional time to access an extra paycheck or emergency funds amid high rents.
Maria Grego, director of economic equity at the New Mexico Center on Law and Poverty, testified in support and cited statewide housing trends: “Rents in New Mexico have skyrocketed 60% since 2017,” she said, and “more than 90 of every 100 incarcerated persons will be returned to our communities” (commentary linking housing stability to public‑safety outcomes appeared elsewhere in testimony). Grego described New Mexico’s three‑day notice as among the nation’s shortest and said extending to ten days would align the state with more tenant‑friendly practice.
Opponents included Kent Cravens for the New Mexico Association of Realtors and Alan Lassek for the Apartment Association. Cravens said the change would impose burdens on small property owners who rely on rental income to meet mortgages and that it may not help tenants in the long term. Lassek suggested seven days would be a compromise and warned of unintended consequences, including that some owners may post notices immediately rather than provide informal extra time.
Disability advocate Nat Dean also spoke in support, noting that three days is insufficient for many people receiving periodic income or managing disabilities.
Committee members expressed general sympathy for tenant hardship but said they wanted to study implementation consequences; Representative Romero seconded a motion for a do‑pass recommendation, but the committee lost quorum before taking the roll call. Committee staff said the bill will be rescheduled for a vote when quorum is restored.
