New Mexico Administrative Code Title 14 - HOUSING AND CONSTRUCTION
Overview: Title 14 NMAC — Housing and Construction
Title 14 of the New Mexico Administrative Code contains the administrative rules relating to housing standards, construction regulations, and related programs in New Mexico. These rules are designed to ensure safe, habitable, and code-compliant housing and construction projects throughout the state.
The rules generally apply to:
Residential and commercial construction standards
Housing quality and safety codes
Licensing and regulation of contractors and builders
Building permits and inspections
Housing assistance programs
Title 14 is enforced by various state agencies, including the New Mexico Construction Industries Division (CID) and the New Mexico Mortgage Finance Authority (MFA).
Statutory Authority
The rules in Title 14 NMAC derive authority primarily from:
New Mexico Construction Industries Licensing Act (NMSA 1978, Sections 60-13-1 to 60-13-62), which governs contractor licensing and construction standards.
New Mexico Uniform Building Code Act (NMSA 1978, Sections 60-13-23 to 60-13-32), which mandates statewide building code adoption and enforcement.
New Mexico Housing Trust Fund Act and related statutes, which authorize housing programs and subsidies.
These laws empower agencies to adopt administrative rules codified in Title 14 that set construction standards, regulate contractor conduct, and oversee housing programs.
Key Provisions of Title 14 NMAC
1. Contractor Licensing and Regulation
Requirements for obtaining and renewing contractor licenses, including examinations, experience, and financial responsibility.
Classification of contractor licenses by trade, such as general, electrical, plumbing, HVAC, and specialty contractors.
Rules for disciplinary actions against contractors for violations such as fraud, negligence, or unlicensed practice.
Procedures for filing complaints and appeals related to contractor conduct.
2. Building Codes and Construction Standards
Adoption of the New Mexico Building Code, which incorporates the International Building Code (IBC) and related standards.
Minimum standards for materials, workmanship, fire safety, structural integrity, and energy efficiency in new construction and renovations.
Requirements for permits, inspections, and certificates of occupancy before use or sale of buildings.
Procedures for variance requests or exemptions from code requirements.
3. Housing Quality and Safety
Standards for habitability in rental housing, including sanitation, ventilation, plumbing, electrical safety, and pest control.
Rules governing inspections and enforcement actions to remedy violations in substandard housing.
Tenant and landlord responsibilities under housing codes.
4. Housing Assistance and Financing Programs
Administration of state housing trust funds, low-income housing tax credits, and other subsidy programs.
Eligibility criteria and application procedures for housing assistance recipients.
Compliance monitoring and reporting requirements for funded projects.
5. Enforcement and Penalties
Powers of inspectors to enter properties for compliance verification.
Procedures for issuing citations, stop-work orders, and fines for violations.
Administrative hearings and appeals processes for contested enforcement actions.
Relevant Case Law Related to Title 14 NMAC and Housing/Construction
1. Contractor Licensing and Enforcement
Legal Issue: Whether disciplinary actions against a licensed contractor for substandard work comply with due process.
Court Principle: New Mexico courts have upheld the Construction Industries Division’s authority to revoke or suspend licenses following fair administrative procedures, emphasizing the public interest in contractor regulation.
Outcome: Contractors must be given notice and opportunity for hearing before license actions; arbitrary enforcement is prohibited.
2. Building Code Enforcement
Legal Issue: Challenges by property owners to enforcement of building codes, such as stop-work orders or demolition orders.
Court Principle: Courts generally defer to the expertise of regulatory agencies enforcing building codes, provided procedures are followed and orders are reasonable to protect public safety.
Outcome: Appeals based on improper procedure or disproportionality of enforcement may succeed, but substantive code enforcement is upheld.
3. Housing Habitability and Landlord-Tenant Disputes
Legal Issue: Tenants suing landlords for failure to maintain housing according to code standards.
Court Principle: New Mexico courts recognize housing codes as enforceable minimum standards, supporting tenants' rights to safe, habitable housing under landlord-tenant law.
Outcome: Landlords may be ordered to remedy code violations, and failure can justify tenant rent withholding or termination.
4. Zoning and Variance Issues
Legal Issue: Requests for variances or exemptions from building codes or zoning rules.
Court Principle: Administrative agencies have discretion to grant variances when strict compliance causes undue hardship, but decisions must be supported by substantial evidence.
Outcome: Courts review variance denials for abuse of discretion; parties may appeal unfavorable rulings.
Practical Impact of Title 14 NMAC
Contractors must obtain appropriate licenses and adhere to state building codes to lawfully operate.
Property Owners and Developers must secure permits and inspections to ensure compliance and avoid penalties.
Tenants have protections against unsafe or substandard housing conditions.
State Agencies have mechanisms to enforce housing and construction standards to protect public health and safety.
Housing Assistance Recipients must comply with program rules and reporting requirements.
Summary
Title 14 of the New Mexico Administrative Code governs the regulatory framework for housing and construction, including contractor licensing, building codes, housing standards, and assistance programs. These rules ensure safe, durable construction and habitable housing across New Mexico.
New Mexico courts support the enforcement authority of regulatory agencies under Title 14, provided due process and statutory limits are observed. The code balances the interests of contractors, property owners, tenants, and the public to promote sound housing and construction practices.
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