ADA and FHA Accessibility Rights for Renters in New Mexico

If you’re a renter in New Mexico and need accommodations due to a disability, it's important to understand your legal rights and how federal laws like the ADA and FHA apply to your rental home. Knowing these protections—and how to use them—can help ensure your housing is accessible, safe, and free from discrimination.

Understanding Accessibility Laws: ADA vs. FHA

Two main federal laws protect renters with disabilities: the Americans with Disabilities Act (ADA) and the Fair Housing Act (FHA). Both help prevent discrimination, but they have different coverage and standards:

• ADA (Americans with Disabilities Act): Applies mostly to public spaces and areas (like leasing offices, community rooms, or pools in apartment complexes). It requires these areas to be accessible to people with disabilities.
• FHA (Fair Housing Act): Protects renters from discrimination in housing because of disability. It covers most residential rental properties and requires landlords to allow reasonable accommodations and modifications when needed.

In New Mexico, these laws work together with state laws to ensure accessibility for renters¹.

What Accessibility Rights Do New Mexico Renters Have?

Under federal and state law, renters with disabilities in New Mexico are entitled to the following:

• The right to request reasonable accommodations in rules, policies, or procedures (for example: requesting a reserved parking space closer to your apartment due to mobility impairment).
• The right to make reasonable modifications (physical changes) to your unit at your own expense (such as installing grab bars in the bathroom).
• Protection from discrimination during application, renting, or tenancy because of disability status.

Requesting an Accommodation or Modification

If you need your landlord to change a rule (such as pet policies for service animals) or want to make physical changes to your unit, you have a right to request this in writing. The landlord must consider your request, but can ask for more information about your disability if it is not obvious. They may not unreasonably refuse or delay your request.

Official Forms and How to Use Them

While New Mexico does not have a single official state form for requesting disability accommodations in housing, the HUD Joint Statement on Reasonable Accommodations provides a helpful sample letter. You may use a simple written request that states:

• Your name and address
• That you are a person with a disability (no need to disclose specifics unless needed)
• What accommodation or modification you need
• How it will help your ability to use or enjoy your home

You can find a detailed sample on the HUD Reasonable Accommodation and Modification page.

If your request is denied or you feel you have been discriminated against, you can file a housing discrimination complaint with the U.S. Department of Housing and Urban Development (HUD) online or contact the New Mexico Human Rights Bureau.

Filing a Discrimination Complaint in New Mexico

• Form: Housing Discrimination Complaint (HUD Form 903.1)
  • When/How to Use: Use this form if you believe your accommodation or modification request was unfairly denied or if you have been treated differently due to a disability.
  • The form can be completed online via the HUD Complaint Portal or printed and mailed to HUD. Spanish resources are also available from HUD's site.

Who Handles Housing Issues in New Mexico?

The official agency responsible for housing discrimination complaints in New Mexico is the New Mexico Human Rights Bureau, a division of the Department of Workforce Solutions. For landlord-tenant disputes, the New Mexico court system offers additional support and resources.

New Mexico's main rental laws are found in the New Mexico Uniform Owner-Resident Relations Act.²

Summary: Accessibility Standards at a Glance

• Use the ADA for issues in public/common areas
• Use the FHA for private rental units and for requesting modifications or accommodations
• Put all requests in writing, and know your rights to complain if your needs aren’t met

1. Can my landlord refuse my reasonable accommodation request?
   Landlords in New Mexico cannot unreasonably deny a legitimate request for accommodation or modification, but they may seek clarification or suggest alternatives if your request poses an undue financial or administrative burden.
2. Do I need to disclose my exact disability to request an accommodation?
   You do not have to specify your diagnosis. You only need to show you have a qualifying disability and that the accommodation is necessary.
3. Who pays for modifications to make an apartment accessible?
   In most cases, the renter pays for physical modifications but can usually be required to restore the unit when moving out. However, landlords must allow reasonable accommodations at no cost (like permitting a service animal in a no-pet building).
4. How can I file a complaint about accessibility?
   File online via the HUD Complaint Portal or contact the New Mexico Human Rights Bureau.
5. Are there local services to help renters with disabilities?
   Yes—agencies like the New Mexico Center for Independent Living and Legal Aid New Mexico offer support and legal guidance.

Key Takeaways for Renters

• New Mexico renters with disabilities are protected under federal and state law against discrimination.
• Request accommodations and modifications in writing, keeping records of all requests and responses.
• For disputes, file complaints via HUD or the New Mexico Human Rights Bureau—these organizations are there to help ensure fair and accessible housing.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau – File complaints about housing discrimination and get information about tenant rights
• New Mexico Courts: Landlord-Tenant Issues – State court resources, forms, and guides for rental issues
• HUD Reasonable Accommodation and Modification Guidance – For federal law and sample accommodation request letters
• New Mexico Statewide Independent Living Council – Advocacy and support for renters with disabilities
• New Mexico Legal Aid – Free or low-cost legal help for renters

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1. See HUD Reasonable Accommodation and Modification Overview.
2. Review the New Mexico Uniform Owner-Resident Relations Act for tenancy rights and responsibilities.

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