New Mexico Statutes
N.M. Stat. § 3-45-2 (2026)
Finding and declaration of necessity.
✓ current as of May 2026
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It is hereby declared that:
A. unsanitary or unsafe dwelling accommodations exist in the state;
B. persons of low and moderate income are forced to reside in such unsanitary or
unsafe accommodations;
C. within the state, there is a shortage of safe or sanitary dwelling accommodations
available at rents that persons of low and moderate income can afford and that such
persons are forced to occupy overcrowded, congested dwelling accommodations and
that the aforesaid conditions cause an increase in and spread of disease and crime and
constitute a menace to the health, safety and welfare of the residents of the state and
impair economic values;
D. these conditions necessitate excessive and disproportionate expenditures of
public funds for crime prevention and punishment, public health and safety, fire and
accident protection and other public services and facilities;
E. these areas in the state cannot be cleared nor can the shortage of safe and
sanitary dwellings for persons of low and moderate income be relieved through the
operation of private enterprise and that the construction of housing projects for persons
of low and moderate income, as defined in the Municipal Housing Law, would therefore
not be competitive with private enterprise;
F. the clearance, replanning and reconstruction of the areas in which unsanitary or
unsafe housing conditions exist and the providing of safe and sanitary dwelling
accommodations for persons of low and moderate income are public uses and
purposes for which public money may be spent and private property acquired and are
governmental functions of state and municipal concern; and
G. it is in the public interest that work on projects for such purposes be commenced
as soon as possible in order to relieve a shortage of affordable housing, which now
constitutes an emergency; and the necessity in the public interest for the provisions
enacted by the Municipal Housing Law is hereby declared as a matter of legislative
determination.
History: 1953 Comp., § 14-46-2, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 2.
ANNOTATIONS
The 2009 amendment, effective April 7, 2009, in Subsections A, B and F, changed
"insanitary" to "unsanitary"; in Subsections B, C, E and F, after "persons of low", added
"and moderate"; in Subsection C, after "health, safety", deleted "morals"; and in
Subsection G, after "in order to relieve", deleted "unemployment" and added "a
shortage of affordable housing".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 C.J.S. Municipal Corporations §
1061.Notes of Decisions
Cited in 2
cases, 1998–2006 · leading case: Cobos v. Doña Ana Cnty. Hous. Auth., 970 P.2d 1143 (N.M. 1998).
Cobos v. Doña Ana Cnty. Hous. Auth., 970 P.2d 1143 (N.M. 1998). “Rather, Plaintiff has shown that Defendants engaged in a voluntary undertaking to effectuate the policies in Section 3-45-2 by providing Plaintiffs family with safe housing they could not otherwise obtain.”
State v. Fleming, 149 P.3d 113 (N.M. Ct. App. 2006). “, § 3-45-2(C) (recognizing the “shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford”).”
— N.M. Stat. § 3-45-2(C) — 1 case
State v. Fleming, 149 P.3d 113 (N.M. Ct. App. 2006). “, § 3-45-2(C) (recognizing the “shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford”).”
— N.M. Stat. § 3-45-2(E) — 1 case
Cobos v. Doña Ana Cnty. Hous. Auth., 970 P.2d 1143 (N.M. 1998). “Rather, Plaintiff has shown that Defendants engaged in a voluntary undertaking to effectuate the policies in Section 3-45-2 by providing Plaintiffs family with safe housing they could not otherwise obtain.”
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