The 1995 amendment, effective July 1, 1995, in subsection A, deleted "Except as
provided in this section" from the beginning, added "the resident has within the previous
three months:" to the end, deleted "the resident, who is in compliance with the rental
agreement and not otherwise in violation of any provision of that act, has" from the
beginning of Paragraph (1), inserted "association" following "union" in Paragraph (2),
substituted all the language at the end of Paragraph (3) beginning "the Uniform Owner-
Resident Relations Act" for "that act", and added Paragraphs (4) to (7); in Subsection B,
substituted "remedies provided in 47-8-48" for "remedies provided in 47-8-29",
substituted "the violation shall be a defense in any action" for "has a defense in action",
and deleted "Nothing in this section shall be construed as prohibiting reasonable rent
increases or changes in services notwithstanding the occurence of acts specified in
Subsection A of this section" from the end of Subsection B; added Subsection C; and
made minor stylistic changes throughout the section.
The 1989 amendment, effective June 16, 1989, added Subsection A(3), and made
minor stylistic changes throughout the section.
Action uniform to all tenants. — Where the owner's decision to discontinue
participation in the housing program was to be uniformly applied to all of the low-income
tenants as their leases expired, the tenant could not base her retaliation defense on the
owner's decision to discontinue the program. Carol Rickert & Assocs. v. Law, 2002-
NMCA-096, 132 N.M. 687, 54 P.3d 91.