N.M. Stat. § 6-27-9
Investigation of Affordable Housing Act violations;
penalties; remedies.
A. The attorney general shall investigate an alleged violation of the Affordable
Housing Act reported by the authority. If the attorney general has reasonable belief that
a person is in possession, custody or control of an original or copy of a document or
recording, including a record, report, memorandum, paper, communication, tabulation,
map, chart, photograph, mechanical transcription or other tangible document or
recording that the attorney general believes to be relevant to the subject matter of an
investigation of a probable violation of the Affordable Housing Act, the attorney general
may, prior to the institution of a civil proceeding, execute in writing and cause to be
served upon the person a civil investigative demand requiring the person to produce for
inspection or copying the document or recording.
B. If the attorney general has reasonable belief that a person has violated a
provision of the Affordable Housing Act and that instituting a proceeding against that
person would be in the public interest, the attorney general may bring a civil action on
behalf of the state alleging a violation of the Affordable Housing Act. The action may be
brought in the district court of the county in which the person alleged to have violated
that act resides or in which the person's principal place of business is located. The
attorney general shall not be required to post bond when seeking a temporary or
permanent injunction in the civil action.
C. The attorney general may, in addition to or as an alternative to pursuing a civil
action, as provided in this section, pursue criminal charges against a person for an
alleged violation of the Affordable Housing Act under the applicable provisions of the
Criminal Code. Venue for any criminal action shall be in the judicial district where the
violation occurred.
D. In a civil action brought under this section for an alleged violation of the
Affordable Housing Act, if a court finds that a person willfully committed an act in
violation of the Affordable Housing Act, the attorney general may seek to recover a civil
penalty not exceeding the amount of five thousand dollars ($5,000) per violation, in
addition to any equitable relief imposed by the court.
E. As used in this section, "person" means an individual, including a municipal or
county government employee or elected official, or a corporate entity, including any
organization formed under state law to carry out business or other activities.