Building Codes & Habitability — New Mexico

Building Codes — Delaware (DE) Rental Housing
Adopted code: Delaware State Fire Prevention Regulations and local building codes based on 2018 IBC. Habitability statute: 25 Del. C. §5305 (Residential Landlord-Tenant Code). Heating: Oct 1 through April 30; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup in new construction; battery acceptable in existing (16 Del. C. §6604). CO detectors: required in all residential units with fuel-burning appliances or attached garage (16 Del. C. §6605). Repair-and-deduct: yes — after written notice and landlord failure within 15 days; cap is $75 per repair. Notable: Delaware preempts local rent control. Wilmington has local housing code enforcement. Delaware's residential landlord-tenant code is one of the more detailed mid-Atlantic codes; landlord must provide written receipts for security deposits and comply with interest requirements.

Building Codes — New Mexico (NM) Rental Housing
Adopted code: New Mexico Building Code based on 2018 IBC/IRC. Habitability statute: NMSA §47-8-20 (Uniform Owner-Resident Relations Act). Heating: Oct 15 through April 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (NMSA §59A-52-6 and local fire codes). CO detectors: required in all new residential construction after 2015; existing units with fuel-burning appliances strongly recommended by state fire code. Repair-and-deduct: yes — after written notice and landlord failure within 7 days; cap is $100. Notable: Albuquerque has a local rental registration program and housing code enforcement. New Mexico preempts local rent control. Santa Fe has its own building inspection program.

Building Codes — Montana (MT) Rental Housing
Adopted code: Montana Building Codes Act based on 2018 IBC; enforcement is local. Habitability statute: MCA §70-24-303 (Montana Residential Landlord and Tenant Act). Heating: Oct 1 through April 30; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room, outside sleeping areas, and on each floor; landlord installs; battery or hardwired (MCA §50-61-101). CO detectors: required in all residential units with fuel-burning appliances or attached garage (MCA §50-61-102). Repair-and-deduct: yes — after written notice and landlord failure within 14 days; cap is $300 or one month's rent. Notable: Montana preempts local rent control. Billings and Missoula have local housing code enforcement programs. Montana's rental market is tightening rapidly due to population growth; enforcement capacity limited in rural areas.

City Building Codes — Washington, DC
DC Department of Buildings (DOB) enforces DC Construction Codes (based on 2018 IBC with DC amendments) and DC Property Maintenance Code. Rental registration: DC Rental Accommodations Division (RAD): ALL rental units must be registered (DC Code §42-3502.05); annual fee per unit. DC Rent Control: Rental Housing Act of 1985 (DC Code §42-3501 et seq.): applies to most residential units in DC not built after 1975 or owned by small landlords (4 or fewer units owner-occupied); annual increase capped at CPI + 2% (or 10% max); just cause eviction required. DC Basic Business License: required for all rental housing operations. Heating: Oct 15 through May 15; landlord must maintain 68°F. DC Housing Code (14 DCMR): comprehensive minimum standards for all rental housing including structural, plumbing, mechanical, electrical, and occupancy. DC Office of the Tenant Advocate: provides tenant legal assistance and advocates for habitability. Unique: DC requires landlords to offer lease renewal unless grounds for non-renewal exist.

Building Codes — New Hampshire (NH) Rental Housing
Adopted code: NH Building Code based on 2009 IBC (amendment cycles slower than most states). Habitability statute: RSA 540-A (landlord's access and duties); RSA 48-A (standards of repair and maintenance for residential buildings). Heating: Oct 1 through May 1; landlord must maintain 65°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (RSA 153:10-a). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RSA 153:10-b). No repair-and-deduct right by statute. Tenant remedy: sue in small claims court; local code enforcement. Notable: New Hampshire has relatively minimal residential landlord-tenant statute; reliance on common law. Manchester and Nashua have local housing code enforcement. NH preempts local rent control.

City Building Codes — Denver, CO
Denver Community Planning and Development (CPD) enforces Denver Building and Fire Code, based on 2021 IBC/IFC with Denver amendments. Denver Residential Rental License: all residential rental units in Denver require a license from CPD; fee per unit; first-time rental units require inspection. Denver Minimum Housing Standards: incorporates IPMC with Denver additions; specific standards for heating, ventilation, and lighting. Heating: Denver requires 68°F minimum in all habitable rooms (local ordinance). CO detectors: CO Rev. Stat. §38-12-102.5 requirement applies. Denver Just Cause Eviction: adopted 2023 — landlords must state a valid reason from enumerated list for eviction after 12 months of tenancy. Denver Fair Housing: Denver Human Rights and Community Partnerships enforces local fair housing ordinance including source-of-income discrimination prohibition (Section 8 tenants must not be refused). Unique: Denver Short-Term Rental (STR): registration required; limited to primary residence only.

Building Codes — Rhode Island (RI) Rental Housing
Adopted code: Rhode Island State Building Code based on 2018 IBC. Habitability statute: RI Gen. Laws §34-18-22 (Residential Landlord and Tenant Act). Heating: Sept 1 through June 15; landlord must maintain 68°F in all habitable rooms. Smoke detectors: required in each sleeping room and on each floor; landlord installs; hardwired with battery backup required in buildings of more than 2 units; battery in single-family and duplex (RI Gen. Laws §23-28.1-5). CO detectors: required in all residential units with fuel-burning appliances or attached garage (RI Gen. Laws §23-28.1-5.1). Repair-and-deduct: yes — after written notice and landlord failure within 20 days; cap is $125 or one month's rent. Notable: Providence has a rental registration and inspection program. Rhode Island preempts local rent control. RI Department of Health has jurisdiction over minimum housing standards in addition to building code.

City Building Codes — Los Angeles, CA
LA Housing Department (LAHD) enforces LA Housing Code. Rental registration (LARSO): all rental units subject to LA Rent Stabilization Ordinance (RSO) must be registered annually; fee ~$30-40/unit. LA RSO applies to most multi-family units built before October 1, 1978. Rent control: RSO caps annual rent increases to annually set % (typically 3-8%). Heating: city requires 70°F in all habitable rooms (matching CA state requirement). Systematic Code Enforcement Program (SCEP): periodic inspections of all multi-family rental buildings; fee charged to landlords per unit inspected. LA Habitability: includes mold disclosure (AB 2108), ventilation, waterproofing. LA Building Code adds structural requirements beyond IPMC for seismic zone 4 (mandatory retrofit for soft-story buildings, "Soft Story Retrofit Ordinance"). Lead paint: all pre-1978 multi-family rentals must comply with RRP renovation rules; LAHD enforces. Unique: LA local "Just Cause Eviction" ordinance requires specific stated reason for eviction for RSO units.

Building Codes — Mississippi (MS) Rental Housing
Adopted code: Mississippi Building Code based on 2018 IBC; enforcement is primarily local. Habitability statute: Miss. Code §89-8-17 (landlord obligations under Landlord and Tenant Act). Heating: landlord must maintain working heating system; no specific minimum temperature. Smoke detectors: required in each sleeping room and on each floor; landlord installs; battery or hardwired (Miss. Code §45-11-201). CO detectors: no statewide requirement. No repair-and-deduct right. Tenant remedy: terminate lease after 30-day written notice and failure to repair. Notable: Mississippi has among the most limited residential tenant protections in the US. Local codes vary widely; rural areas often lack formal code enforcement. Jackson has a local housing code enforcement office.

Building Codes — Alabama (AL) Rental Housing
Adopted code: Alabama Building Code based on 2018 IBC; enforcement is by counties and municipalities. Habitability statute: ALA Code §35-9A-204 (Alabama Uniform Residential Landlord and Tenant Act — URLTA). Heating: landlord must provide working heating equipment; no specific minimum temperature in state law; courts apply 68°F as baseline. Smoke detectors: required in each sleeping room and on each floor (ALA Code §24-9-11); landlord installs; battery or hardwired. CO detectors: no statewide requirement as of 2024. Repair-and-deduct: yes — after written notice and 14-day failure; cap is $200 or half month's rent. Notable: Alabama preempts local rent control. Birmingham and Huntsville have local housing codes. Alabama's URLTA was substantially modernized in 2006 and covers most residential tenancies.