How to Use Housing Choice Vouchers to Move Between Counties in New Mexico

If you have a Housing Choice Voucher (also known as a Section 8 voucher) in New Mexico and want to move to a different county, it's possible thanks to a process called portability. Understanding your rights and the necessary steps makes moving with your voucher smoother and helps you keep your rental assistance uninterrupted. This guide covers how portability works across New Mexico counties, the required official forms, and where to get support if you need help.

Understanding Portability: Moving with a Voucher in New Mexico

The federal Housing Choice Voucher (HCV) program lets eligible low-income renters use their vouchers anywhere in the U.S. where a Public Housing Agency (PHA) operates, including other counties in New Mexico. This transfer process is called portability.

When Portability Applies

• You already have a housing voucher and want (or need) to move to another county.
• You did not sign your first lease with your current PHA—some PHAs have timeline requirements before your voucher becomes portable. Always check with your PHA.
• You want to move within New Mexico (for example, from Bernalillo County to Santa Fe County) or even to another state.

Each PHA may have slightly different steps, but all must follow HUD regulations.^[1]

Key Steps for Moving Your Voucher to Another County

Here are the main actions to move your voucher in New Mexico:

• Contact your current PHA (the agency administering your voucher now).
• Submit a written request to move, explaining your reason and identifying your destination county.
• Complete the official HUD Portability Request Form (Form HUD-52665).
• Your current PHA sends your paperwork to the PHA in your new county (the receiving PHA).
• Your receiving PHA will contact you to finish the eligibility and lease-up process.

Timing matters—never move out before you're authorized by your current PHA, or you may risk losing your assistance. Always ask for confirmation that all forms are sent and received.

Required Forms When Moving Vouchers

You’ll need at least one key form:

• Portability Request Form (HUD-52665): This federal form starts the process of moving your voucher between PHAs. Your current PHA completes the form and sends it to the receiving PHA. Find it here: HUD-52665 Portability Request Form (PDF).
  Example: If you live in Doña Ana County and want to move to Sandoval County, request the form from the Doña Ana County Housing Authority, fill out your information, and they'll send it to Sandoval County Housing Authority on your behalf.
• Voucher Issuance/Extension Form: Some PHAs may also require you to extend your voucher if the move takes longer than expected. Always ask your local PHA if a separate extension form is needed and where to find it. See more instructions from HUD's HCV Fact Sheet.

Your Rights and Responsibilities

New Mexico renters using vouchers are protected under both federal law (HUD rules) and state law, including the New Mexico Uniform Owner-Resident Relations Act.^[2] This law covers your rights and duties when renting a home, including notification and move-out requirements.

• Give your current landlord adequate notice before ending your lease (usually 30 days, see your lease for details).
• Check with your current PHA for local requirements.
• Keep paying your portion of rent until you’ve moved and your voucher is active in the new county.
• Update your address with the PHA as soon as your move is complete.

Read more in the HUD HCV Portability Guide.

Where to File and Get Help

Residential tenancy matters and complaints in New Mexico are generally handled by the New Mexico courts and supported by the New Mexico Mortgage Finance Authority (MFA) for housing assistance. For disputes beyond the PHA, you may file in your local magistrate or metropolitan court.

The official state legislation for tenant and landlord rights is the New Mexico Uniform Owner-Resident Relations Act.

1. What is portability and who qualifies for it in New Mexico?
   Portability is the ability to move your Housing Choice Voucher to another jurisdiction. In New Mexico, you qualify if your original lease obligations are complete and your current PHA approves your request.
2. Do I need to wait before moving my voucher?
   Sometimes, yes. If you received your voucher and did not initially lease in your PHA's area, you may need to live there for 12 months before becoming eligible for portability. Check with your PHA for your specific timeline.
3. What should I do if my receiving PHA hasn’t contacted me after my PHA sent the paperwork?
   Contact both your current and receiving PHAs to confirm paperwork status. Delays can happen; keep records of your communications and ensure both agencies have your correct contact details.
4. Can my landlord refuse to accept my voucher after I move?
   Landlords may choose whether or not to participate in the voucher program unless local ordinances require acceptance. Always confirm voucher acceptance with your future landlord before signing any lease.
5. What if I have to move suddenly because of an emergency?
   Contact your current PHA as soon as possible. They may expedite your portability process for emergencies such as domestic violence. Also, ask for connections to emergency shelter or assistance if needed.

Conclusion and Key Takeaways

Moving your Housing Choice Voucher between counties in New Mexico is possible and supported by both federal and state protections. Key points include:

• Work closely with your current and new PHAs to complete all forms, especially the HUD-52665 Portability Request Form.
• Understand your responsibilities, including notifying your landlord and PHA before moving.
• Seek guidance from state agencies or local legal aid if challenges arise.

This process secures your rental assistance and helps you settle in your new home with confidence.

Need Help? Resources for Renters

• New Mexico Section 8 / Housing Choice Voucher Program
• Contact New Mexico Mortgage Finance Authority (MFA): 505-843-6880 or toll-free 1-800-444-6880
• HUD Guide: Renting in New Mexico
• New Mexico Uniform Owner-Resident Relations Act (tenant and landlord law)
• For rental disputes: New Mexico Courts Eviction Information

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1. HUD Housing Choice Voucher Fact Sheet
2. New Mexico Uniform Owner-Resident Relations Act (Statute 47-8)

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