Illegal Rental Advertising Language in New Mexico

Understanding what language is considered illegal in rental advertising protects both renters and landlords in New Mexico from fair housing discrimination. Knowing your rights under New Mexico's laws can help you avoid unfair treatment and recognize unlawful rental ads.

What Is Discriminatory Rental Advertising?

In New Mexico, it's illegal for rental advertisements to include any language that discriminates against people based on certain personal characteristics. State and federal laws prohibit this type of discrimination to ensure that everyone has equal access to housing opportunities.

Protected Classes under New Mexico Law

It is illegal to advertise rentals in a way that discriminates—either directly or indirectly—against any of the following protected classes:

• Race or color
• National origin
• Religion
• Sex
• Familial status (such as families with children)
• Disability
• Ancestry
• Sexual orientation or gender identity[1]

Both the federal Fair Housing Act and the New Mexico Human Rights Act protect these groups from housing discrimination.

Examples of Illegal Language in Rental Ads

Any wording that suggests a preference, limitation, or exclusion based on protected characteristics is illegal. Examples of illegal advertising language include:

• "No children" or "Adults only"
• "Christian home" or "No Muslims"
• "Ideal for single professional" (if it discourages families)
• "No disabled tenants" or "Must be able-bodied"
• "English speakers only"
• "Hispanics preferred"

Even a seemingly neutral phrase can be illegal if it excludes or discourages a protected group from applying. Landlords and property managers must avoid any language that could suggest a preference or restriction.

Permissible (Legal) Rental Ad Language

Advertising focusing on property features is allowed, as long as these descriptions don’t hint at the desired tenant’s characteristics. For example:

• "2-bedroom, 1-bath apartment near public transportation"
• "No smoking inside the unit"
• "Pet policy: no dogs allowed"

The Tribunal Handling Housing Discrimination in New Mexico

The official agency handling residential tenancy and housing discrimination complaints in New Mexico is the New Mexico Human Rights Bureau (HRB). This agency enforces state anti-discrimination laws and investigates complaints from renters.

How to Report Illegal Rental Ads

If you see a rental ad that uses illegal language or feel you have experienced discrimination, you can file a complaint with the New Mexico Human Rights Bureau. Here’s how:

• Complete the official form: Use the Human Rights Complaint Form
• When to use it: If you believe a landlord, property manager, or housing provider has violated your rights under the New Mexico Human Rights Act by posting discriminatory advertising, refusing to rent, or treating you unfairly
• How to submit: Fill out the form and submit it by mail, email, or in person to the Human Rights Bureau (contact details are on the form)

You do not need a lawyer to file a complaint. If you need assistance, the Bureau can help guide you.

Your Rights under New Mexico and Federal Law

New Mexico renters are protected against discrimination not just by state law, but also by federal rules. The New Mexico Uniform Owner-Resident Relations Act and the federal Fair Housing Act guarantee your right to be free from discriminatory practices in advertising, applications, and tenancy terms.

Common Questions about Discriminatory Advertising

1. Can landlords ever mention a "preference" in a rental ad? Only if it’s not related to a protected class. For example, "nonsmokers preferred" is fine, but "single adults only" is not.
2. What if a landlord says "No Section 8"? While federal law does not make this illegal, some local laws may protect against source-of-income discrimination. Always check the latest rules in your community.
3. Does New Mexico law protect against discrimination by sexual orientation or gender identity? Yes; both are protected under the New Mexico Human Rights Act.[1]
4. Who do I contact if I suspect a rental ad is discriminatory? The New Mexico Human Rights Bureau is the primary contact for complaints about illegal advertising or other fair housing violations.

Key Takeaways for Renters

• Rental ads cannot have language that excludes, limits, or shows preference for anyone based on protected classes.
• If you see illegal advertising, you can file a complaint using the official form from the New Mexico Human Rights Bureau.
• Your rights are protected under both state and federal law—help is available!

Need Help? Resources for Renters

• New Mexico Human Rights Bureau – Complaint intake and resources
• New Mexico Uniform Owner-Resident Relations Act
• U.S. Department of Justice – Fair Housing Act Overview

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1. New Mexico Human Rights Act, NMSA 1978, Section 28-1-7; see: official rules here.
2. Federal Fair Housing Act, 42 U.S.C. § 3601 et seq.: see here.
3. New Mexico Uniform Owner-Resident Relations Act, Chapter 47, Article 8: full text here.
4. Human Rights Complaint Form: official PDF.

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