Can Landlords Ask About Criminal History in New Mexico?

Understanding your rights when applying for rental housing in New Mexico is important—especially when it comes to questions about your criminal history. This guide explains what landlords can and cannot ask, outlines your protections under New Mexico law, and provides practical guidance and resources if you believe your rights have been violated.

Background Checks and Rental Applications in New Mexico

Landlords in New Mexico are generally allowed to conduct criminal background checks as part of the rental application process. However, there are important protections for renters under both federal and state fair housing laws. If you believe you’ve been treated unfairly due to your criminal history, certain formal complaint processes and legal remedies may be available to you.

When Can a Landlord Ask About Your Criminal History?

• New Mexico law does not prohibit landlords from asking about or considering criminal history, with some exceptions based on local ordinances or federal guidance.
• Under the Federal Fair Housing Act, landlords cannot use criminal history as a pretext for discrimination based on race, color, national origin, religion, sex, familial status, or disability.^[1]
• Landlords may not have a blanket policy of refusing to rent to anyone with a criminal record; decisions must be made on a case-by-case basis that considers the nature and time of the offense.^[2]

What Are Your Rights?

If you feel a landlord’s use of your criminal history is discriminatory or not based on legitimate safety concerns, you may have legal grounds to file a complaint:

• You have the right to be considered fairly for rental opportunities, regardless of a criminal record, unless the conviction directly affects tenant safety or property.
• Landlords must apply their rental criteria equally to all applicants.

Official Forms and How to File a Complaint

• Form: Discrimination Complaint Form (HUD-903.1)
  When to Use: If you believe a landlord has discriminated against you due to your criminal history in a way that violates fair housing laws.
  Example: For instance, if you are denied housing solely based on an old misdemeanor, and you feel the policy is applied unevenly, you can submit this form.
  Where to Get It: HUD Fair Housing Complaint Form HUD-903.1

How to Submit: Complete and submit the form online or mail a completed copy to your regional HUD office. In New Mexico, you may also file with the state’s Human Rights Bureau or consult their instructions for in-person filings.

Which Agency Handles Rental Complaints in New Mexico?

The New Mexico Human Rights Bureau is the official state agency that investigates complaints of housing discrimination, including those involving criminal history. The Bureau enforces state and federal fair housing legislation.

Relevant Legislation for New Mexico Renters

• New Mexico Uniform Owner-Resident Relations Act (NMSA Chapter 47, Article 8) – covers tenant and landlord obligations^[3]
• Federal Fair Housing Act

State and federal fair housing protections work together to prevent discrimination and ensure fair screening practices.

What to Do If You’re Denied Rental Due to Criminal History

If you have been denied a rental and believe your criminal history was used unfairly, it’s important to:

• Request a written explanation from the landlord.
• Review your background check report for accuracy.
• Consult fair housing resources if you suspect discrimination.
• File a formal complaint with the New Mexico Human Rights Bureau or HUD if warranted.

Frequently Asked Questions

1. Can a landlord refuse to rent to me because of any criminal record?
   Landlords cannot simply reject all applicants with criminal records. Federal fair housing guidance encourages individualized assessments and prohibits blanket exclusions that might discriminate against protected classes.
2. What criminal convictions might a landlord consider?
   Landlords are most concerned with recent, serious convictions related to safety, such as violent offenses or drug manufacturing. Older, minor, or unrelated convictions are less likely to be grounds for denial.
3. How can I challenge a denial based on my criminal history?
   You can ask the landlord for specifics about your denial. If you suspect discrimination, file a complaint with the New Mexico Human Rights Bureau or HUD, using the official Discrimination Complaint Form.
4. Will an arrest record (not a conviction) affect my rental application?
   Generally, landlords are encouraged not to consider arrest records without convictions, as they do not prove wrongdoing and may risk discrimination.
5. What should I do if a background check contains errors?
   Request a copy of your background report, dispute any inaccuracies with the reporting company, and notify your prospective landlord of the correction process.

Key Takeaways for Renters

• New Mexico landlords may consider criminal history, but must follow fair housing laws and consider each case individually.
• You have the right to dispute discrimination and file a complaint with state or federal agencies.
• Resources and official forms are available to help protect your rights during the rental process.

Knowing your rights allows you to navigate the application process with confidence and address any unfair treatment.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau – State housing discrimination complaints
• HUD Office of Fair Housing and Equal Opportunity – Federal fair housing assistance
• New Mexico Uniform Owner-Resident Relations Act
• HUD Discrimination Complaint Form HUD-903.1 (PDF)

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1. For a summary of the Fair Housing Act and its protections for renters, see the HUD Fair Housing Act Overview.
2. HUD’s April 4, 2016 guidance on criminal records and fair housing: HUD Guidance on Application of Fair Housing Act Standards to the Use of Criminal Records.
3. State rental legislation is provided by the New Mexico Uniform Owner-Resident Relations Act (NMSA Chapter 47, Article 8).

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