Is Source of Income Discrimination Illegal for Renters in New Mexico?

Renting in New Mexico means understanding your rights under fair housing laws, especially if you rely on alternate sources of income like housing vouchers or public assistance. Many renters want to know: can a landlord deny your rental application because of how you pay your rent? Let’s break down what source of income discrimination is, its status under New Mexico law, and what you can do if you feel you’ve been treated unfairly.

What Is Source of Income Discrimination?

Source of income discrimination occurs when a landlord refuses to rent to someone or treats them differently because of where their money for rent comes from. This often affects renters using:

• Housing Choice Vouchers (commonly known as Section 8)
• Social Security or disability income
• Child support or alimony
• Other lawful, verifiable sources of income

Many renters worry about being turned away solely because they use assistance programs. Let’s see the situation in New Mexico.

Does New Mexico Ban Source of Income Discrimination?

As of 2024, New Mexico does not have a statewide law that prohibits landlords from discriminating based on a renter’s source of income. This means that, across much of the state, landlords may lawfully refuse applicants who intend to pay rent with Section 8 vouchers or other types of assistance.

However, some cities or counties in the U.S. have enacted their own fairness ordinances. At this time, New Mexico has no municipalities with local bans on source of income discrimination on the books. Renters should be aware this policy could change in the future. For the most current information, check with the New Mexico Mortgage Finance Authority.

What Does the New Mexico Human Rights Act Say?

The New Mexico Human Rights Act protects renters from discrimination based on:

• Race, color, national origin
• Religion
• Sex, sexual orientation, gender identity
• Physical or mental handicap
• Ancestry
• Spousal affiliation

But it does not include source of income in its list of protected categories. For a full list of protected classes or updates, consult the official legislation text or the New Mexico Human Rights Bureau.

What Can a Renter Do If Denied Because of Income Source?

If you believe you have been turned away because of your income source, here’s what you can do:

• Ask the landlord to put their decision in writing. This helps you understand their reason and keep a record in case you wish to follow up.
• File a complaint if you suspect you were also discriminated against based on a protected class (for example, race, disability, or family status).

The New Mexico Human Rights Bureau is the official agency handling discrimination complaints in the state. However, since source of income isn’t protected, a claim must relate to one of the other listed categories.

Relevant Forms and How to Use Them

• Human Rights Complaint Form (No number):
  This official form is used to file a discrimination complaint if you believe you were denied housing due to a protected trait (not source of income).
  Download the complaint form here.
  Example: If you believe a landlord denied your application due to your race or disability, you would fill out this form and submit it to the Human Rights Bureau.

For questions on tenant-landlord disputes not involving discrimination, you can also check with the New Mexico courts' Landlord-Tenant Issues Self-Help Center.

Which Tribunal Handles Tenancy and Discrimination in New Mexico?

There is no state-level tenant tribunal. Instead, discrimination complaints are handled by the New Mexico Human Rights Bureau. General tenant-landlord matters are decided in local magistrate or district courts under New Mexico’s Uniform Owner-Resident Relations Act.
You can contact the Human Rights Bureau for discrimination cases or your local court for other landlord-tenant disputes.

FAQ: Source of Income Discrimination in New Mexico

1. Is it illegal for a landlord to reject my application because I have a Section 8 voucher in New Mexico?
   No, New Mexico does not have a law protecting renters from discrimination based solely on their use of housing vouchers or other lawful income sources.
2. Can I file a complaint if I think my landlord is discriminating?
   You can file a complaint with the New Mexico Human Rights Bureau, but it must be based on a protected class like race, religion, or disability. Source of income alone is not covered.
3. Does federal law ban source of income discrimination?
   No. The federal Fair Housing Act does not list source of income as a protected category, although it does protect against other forms of discrimination.
4. Are there any New Mexico cities with local rules banning this practice?
   As of this year, there are no cities or counties in New Mexico that prohibit source of income discrimination.
5. What agency oversees housing discrimination complaints in New Mexico?
   The New Mexico Human Rights Bureau investigates and enforces discrimination cases relating to housing.

Key Takeaways for Renters

• New Mexico does not currently ban source of income discrimination statewide.
• Discrimination is illegal on grounds such as race, gender, and disability under the Human Rights Act.
• If you feel you’ve been discriminated against for a protected reason, you may file a complaint with the Human Rights Bureau.

Keep up to date on local laws, and always seek clarification if you’re unsure of your rights or an application denial.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau – File discrimination complaints or get information.
• New Mexico Human Rights Act Legislation – Full legal text of protected classes.
• New Mexico Courts Landlord-Tenant Self-Help – Advice and information on common tenant issues.
• New Mexico Mortgage Finance Authority – State housing resources and voucher program info.

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1. New Mexico Human Rights Bureau – Official Agency
2. New Mexico Human Rights Act (2023 revision) – Legislation
3. Uniform Owner-Resident Relations Act – State Tenancy Law
4. New Mexico Courts Landlord-Tenant Issues

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