47-8-39. Owner retaliation prohibited.
A. An owner may not retaliate against a resident who is in compliance with the
rental agreement and not otherwise in violation of any provision of the Uniform Owner-
Resident Relations Act by increasing rent, decreasing services or by bringing or
threatening to bring an action for possession because the resident has within the
previous six months:
(1) complained to a government agency charged with responsibility for
enforcement of a minimum building or housing code of a violation applicable to the
premises materially affecting health and safety;
(2) organized or become a member of a residents' union, association or
similar organization;
(3) acted in good faith to exercise his rights provided under the Uniform
Owner-Resident Relations Act, including when the resident makes a written request or
complaint to the owner to make repairs to comply with the owner's obligations under
Section 47-8-20 NMSA 1978;
(4) made a fair housing complaint to a government agency charged with
authority for enforcement of laws or regulations prohibiting discrimination in rental
housing;
(5) prevailed in a lawsuit as either plaintiff or defendant or has a lawsuit
pending against the owner relating to the residency;
(6) testified on behalf of another resident; or
(7) abated rent in accordance with the provisions of Section 47-8-27.1 or 47-
8-27.2 NMSA 1978.
B. If the owner acts in violation of Subsection A of this section, the resident is
entitled to the remedies provided in Section 47-8-48 NMSA 1978 and the violation shall
be a defense in any action against him for possession.