Accessibility Modification Costs in New Mexico Rentals

Ensuring your rental meets your accessibility needs is essential for safe and comfortable living. If you rent in New Mexico and require modifications like grab bars, ramps, or lowered counters due to a disability, you may wonder who must pay for these changes. Understanding your rights under state and federal law can help you get the accommodations you need without confusion or conflict.

Understanding Disability Accessibility in New Mexico Rentals

Federal laws such as the Fair Housing Act (FHA) require most landlords to allow tenants with disabilities to make reasonable modifications so their living situation is accessible. New Mexico reinforces these rights under the Uniform Owner-Resident Relations Act^[1]. "Reasonable modifications" are changes to the rental unit or common areas that provide equal opportunity to use and enjoy the property.

Who Pays for Accessibility Modifications?

In most cases, tenants in New Mexico are responsible for paying for accessibility modifications in their rental unit. However, landlords must allow these changes if they are reasonable and necessary for the tenant’s disability.

• The tenant pays for the modification, except where federal funding or special programs apply.
• The landlord may require the unit be restored to original condition at move-out, but cannot charge extra up front beyond reasonable restoration costs.
• If you live in federally funded housing (such as public housing), the landlord may be responsible for paying for the modification under Section 504 of the Rehabilitation Act.

For more on when a modification is considered reasonable and who is responsible, review the HUD Guidance on Reasonable Modifications.

How to Request a Reasonable Modification

To begin, submit a written request to your landlord explaining (1) the modification you need, and (2) how it is disability-related. You are not required to disclose your specific diagnosis—just the need for accommodation.

• Provide as much detail as possible about the modification (for example, size and placement of a ramp).
• Include a note from a medical provider, if available, verifying the need.
• Your landlord may request a written agreement about restoring the unit after you move out—if so, get this in writing.

Official Forms for Accessibility Modifications

• Reasonable Accommodation/Modification Request Form (No official statewide form number):
  • When to use: When requesting a disability-related change to your rental unit, such as installing a grab bar or ramp.
  • Renter example: Ana, who uses a wheelchair, submits this written request to her landlord, referencing her need for a ramp at the building entrance.
  • Download a sample form (New Mexico Mortgage Finance Authority)

It is best practice to keep copies of your forms and all communication with your landlord.

What If My Landlord Refuses My Request?

If your landlord denies your request for a reasonable modification without valid justification, this may be a violation of your rights under the Fair Housing Act. In New Mexico, you can submit a complaint to the New Mexico Human Rights Bureau or the federal U.S. Department of Housing and Urban Development (HUD).^[2]

Tip: Always put modification requests in writing and save a copy for your records. This documentation will help if you ever need to file a complaint.

If the issue is part of a broader tenancy dispute, you can reach out to the New Mexico courts or the Human Rights Bureau for assistance and guidance.

Summary: Your Rights and Responsibilities

New Mexico law protects your right to request and implement reasonable modifications for disability accessibility. Generally, you’ll be responsible for the costs, unless specific federal programs or public funding apply to your housing.

FAQ: Accessibility Modifications and Tenants' Rights

1. Can my landlord say no to my accessibility request?
   Landlords cannot refuse a reasonable modification if it is necessary for your disability, but may require that the work is done professionally and that you restore the property at move-out.
2. Is my landlord allowed to choose the contractor?
   Landlords may require you to use licensed contractors and provide proof of permits, but cannot unreasonably delay or block the work.
3. Who pays to restore the unit after I move?
   Usually, tenants are responsible for restoring the property to its prior condition if the modification changes the unit’s structure or fixtures, unless otherwise agreed with the landlord.
4. What if I live in government-subsidized housing?
   If your rental is federally funded, the landlord may be required to pay for certain accessibility modifications in line with Section 504 rules.
5. Where can I get help if my landlord won't cooperate?
   You can contact the New Mexico Human Rights Bureau or HUD for help and to file a complaint.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau (file a complaint)
• New Mexico Mortgage Finance Authority – Tenant/Landlord Rights & Forms
• HUD – New Mexico State Office

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1. New Mexico Uniform Owner-Resident Relations Act: Full text of New Mexico Landlord-Tenant law
2. New Mexico Human Rights Bureau – File a Complaint

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