47-8-36. Unlawful removal and diminution of services prohibited.
A. Except in case of abandonment, surrender or as otherwise permitted in the
Uniform Owner-Resident Relations Act, an owner or any person acting on behalf of the
owner shall not knowingly exclude the resident, remove, threaten or attempt to remove
or dispossess a resident from the dwelling unit without a court order by:
(1) fraud;
(2) plugging, changing, adding or removing any lock or latching device;
(3) blocking any entrance into the dwelling unit;
(4) interfering with services or normal and necessary utilities to the unit
pursuant to Section 47-8-32 NMSA 1978, including but not limited to electricity, gas, hot
or cold water, plumbing, heat or telephone service, provided that this section shall not
impose a duty upon the owner to make utility payments or otherwise prevent utility
interruptions resulting from nonpayment of utility charges by the resident;
(5) removing the resident's personal property from the dwelling unit or its
premises;
(6) removing or incapacitating appliances or fixtures, except for making
necessary and legitimate repairs; or
(7) any willful act rendering a dwelling unit or any personal property located in
the dwelling unit or on the premises inaccessible or uninhabitable.
B. The provisions of Subsection A of this section shall not apply if an owner
temporarily interferes with possession while making legitimate repairs or inspections as
provided for in the Uniform Owner-Resident Relations Act.
C. If an owner commits any of the acts stated in Subsection A of this section, the
resident may: