Accessible Housing Rules for New Construction in New Mexico

Finding a home that meets your accessibility needs is essential. In New Mexico, renters have legal protections and rights regarding accessible unit requirements in new construction. Understanding these rules helps ensure safe, comfortable housing for everyone, including people with disabilities.

Accessible Unit Requirements for New Construction Rentals in New Mexico

New Mexico follows both federal and state laws to ensure newly built rental properties are accessible to tenants with disabilities. This overview will help you understand which buildings must provide accessible units, what features are required, and how to request accommodations if needed.

Which New Buildings Must Include Accessible Units?

• All multifamily buildings (apartments, condos, etc.) with four or more dwelling units constructed for first occupancy after March 13, 1991 must provide accessible features under the federal Fair Housing Act.
• Accessible unit requirements apply regardless of whether a property receives public funding.
• The New Mexico Human Rights Act also prohibits housing discrimination based on disability and enforces accessibility standards.

Covered buildings must have a certain number of ground-floor accessible units (or all levels if the building has an elevator).

What Are the Required Accessibility Features?

Under federal and state law, accessible units must include:

• Accessible routes into and through the unit (such as wide doorways and hallways)
• Light switches, thermostats, and electrical outlets at accessible heights
• Reinforced bathroom walls for future grab bar installation
• Usable kitchens and bathrooms with room for wheelchairs

Full details are outlined by the U.S. Department of Housing and Urban Development (HUD) and New Mexico's Human Rights Bureau.

Requesting Reasonable Accommodations

Renters with disabilities have the right to request reasonable accommodations or modifications to make their housing accessible. Landlords must consider these requests unless they pose an undue burden or fundamental alteration.

• Requests can include ramp installation, visual/alarm doorbells, or permission to install grab bars.
• The landlord may require you to use an official form or provide certain proof, but they cannot deny your request unreasonably.

Official Forms for Renters

While New Mexico does not mandate a specific statewide accommodation request form, many landlords use written forms or letters to handle reasonable accommodation requests. Here are key government resources and forms:

• Reasonable Accommodation/Modification Request Template:
  While no numbered official form exists, the HUD sample accommodation request form may be helpful when submitting a request to your landlord. Practical Example: Write a letter or use this template to request installation of a bathroom grab bar.
• Housing Discrimination Complaint Form (New Mexico Human Rights Bureau):
  If denied a reasonable accommodation, renters may file a complaint online or download the official Housing Discrimination Complaint Form from the Human Rights Bureau. Example: Use this form if a landlord refuses to meet accessibility requirements or rejects an accommodation request without justification.

Where to Turn for Enforcement

In New Mexico, housing discrimination complaints related to accessibility are handled by the New Mexico Human Rights Bureau. For federal law violations, you may also contact HUD's Office of Fair Housing and Equal Opportunity.

Relevant Legislation

• Federal Fair Housing Act (42 U.S.C. § 3601 et seq.)
• New Mexico Human Rights Act (NMSA 1978, Section 28-1-7(F))
• NM Housing Authority Accessibility Information

FAQ: Accessible Units in New Mexico Rentals

1. What features must accessible units in new construction have?
   Accessible units must have wide doors, accessible routes, reachable switches and outlets, reinforced bathroom walls, and usable kitchens and bathrooms.
2. Can a landlord refuse my request for an accessibility modification?
   Landlords cannot refuse reasonable accommodations unless it would cause undue hardship or fundamentally alter the property.
3. How do I report an accessibility violation in my apartment?
   You can file a discrimination complaint with the New Mexico Human Rights Bureau using their official form or contact HUD.
4. Is there any cost for accessibility modifications in my rental?
   Renters may be responsible for costs of some modifications, but landlords must allow them unless the change is unreasonable. In subsidized housing, the landlord may need to pay for some changes.
5. Does every new apartment building in New Mexico have to offer accessible units?
   Only buildings with four or more units constructed after March 13, 1991, are required to comply with federal accessibility requirements.

Conclusion: What New Mexico Renters Should Remember

• New construction rental buildings in New Mexico must comply with federal and state accessibility standards for units and common areas.
• Renters have the right to request reasonable accessibility accommodations; landlords must consider these requests seriously.
• If your rights are denied, official complaint forms and legal protections are available through the New Mexico Human Rights Bureau and HUD.

This guide gives renters in New Mexico a practical overview of accessible housing requirements and the steps to protect your rights.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau – handles housing discrimination complaints and questions about accessibility
• HUD Fair Housing for People with Disabilities – national information and complaint portal
• New Mexico Housing Search – Accessibility Resources
• Free legal help: Law Help New Mexico

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1. Fair Housing Act: Full text
2. New Mexico Human Rights Act: Official PDF
3. New Mexico Human Rights Bureau: Official site
4. HUD sample reasonable accommodation form: Official template
5. NM Housing Search – Accessibility: Official info

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