Medical Proof for Disability Accommodations in New Mexico Rentals

If you live in New Mexico and need a disability-related accommodation from your landlord—like a service animal, accessible parking, or grab bars—you may wonder what information your landlord is allowed to request. Understanding your rights is crucial when navigating requests for reasonable accommodations.

What Are Reasonable Accommodations?

Under both federal and New Mexico state law, "reasonable accommodations" are changes to policies or physical spaces that support someone with a disability to enjoy their home equally. For renters, these may include:

• Allowing a service animal or emotional support animal despite a "no pets" rule
• Installing ramps, grab bars, or special door handles
• Assigning a specific parking space closer to your unit

Both federal fair housing law and New Mexico's Human Rights Act protect these rights^1,2.

Can a Landlord Ask for Medical Proof in New Mexico?

Yes, but only under certain conditions. If your disability or need for accommodation is not obvious, a landlord may request reliable documentation that:

• You have a disability under the law
• The requested accommodation is related to your disability

Your landlord cannot ask for your full medical records or diagnose you. A brief letter from a healthcare provider that confirms your need generally suffices.

What Kind of Documentation Is Allowed?

Legally acceptable forms of proof include:

• A letter from a doctor, psychiatrist, or licensed clinical social worker
• Official documentation from a government agency or reputable service provider

You do not have to disclose your specific diagnosis, just the existence of a qualifying disability and that your request is linked to your disability.

Relevant Official Forms & How to Use Them

• Reasonable Accommodation Request (No official state form)
  If you want to request a disability accommodation in New Mexico, you do not need a specific government-issued form, but you should make your request in writing. The HUD Sample Reasonable Accommodation Request Letter can guide you. Attach medical documentation only if your need is not clear.
  Example: Maria emails her landlord using the HUD sample letter template, asking for a service dog. Her therapist provides a one-paragraph letter confirming her need for this support.
• Housing Discrimination Complaint Form
  If you believe your reasonable accommodation has been wrongfully denied, you can file a complaint through the New Mexico Human Rights Bureau or the U.S. Department of Housing and Urban Development (HUD) complaint process.
  Access the New Mexico Complaint Form. Use this form if your landlord refuses a reasonable accommodation after you submit your request and documentation.

Where to Get Help: Tribunals, Boards, and Enforcement Agencies

• New Mexico Human Rights Bureau handles complaints about discrimination in rental housing, including denial of disability accommodations. Visit the official Human Rights Bureau here.
• U.S. Department of Housing and Urban Development (HUD) Fair Housing & Equal Opportunity handles federal fair housing complaints. See HUD’s website for more information.

Relevant state tenancy legislation: New Mexico Uniform Owner-Resident Relations Act³.

Action Steps for Renters Requesting Accommodations

If you need to request a reasonable accommodation and your disability is not obvious:

• Place your request in writing to your landlord, using templates where available
• Provide a simple letter from a qualified healthcare provider if your need is not visible
• Keep copies of all communication and documentation
• If denied, contact the New Mexico Human Rights Bureau for support

FAQ: Renters' Questions on Medical Proof and Accommodations

1. Can my landlord ask for my diagnosis?
   No, your landlord cannot require you to share your specific medical diagnosis—only enough information to confirm a qualifying disability and the needed accommodation.
2. Do I need a specific form for my accommodation request in New Mexico?
   No official state form is required, but putting your request in writing is important. Use a sample letter from HUD or your own written statement.
3. What kind of provider's letter is acceptable?
   A letter from any licensed medical or mental health provider, such as a physician, psychologist, or social worker, is acceptable if it states you have a qualifying disability and explains the need for accommodation.
4. What if my landlord denies my request?
   If your request was denied without valid reason or excessive requests for medical details, you may file a discrimination complaint with the New Mexico Human Rights Bureau or HUD.
5. Is there a fee to file a complaint about a denied accommodation?
   No, filing a housing discrimination complaint with New Mexico state agencies or HUD is free for renters.

Key Takeaways

• Landlords in New Mexico can request minimal medical proof if your disability or need isn't obvious.
• Never provide full medical records—only confirmation of disability and accommodation necessity.
• Use written requests and retain copies to protect your rights.

Knowing these protections empowers you to request the accommodations you need confidently and lawfully.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau – File a complaint or find information on fair housing rights
• HUD: Reasonable Accommodations and Disability Rights in Housing
• Law Help New Mexico – Free legal information for tenants

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1. HUD's Joint Statement on Reasonable Accommodations Under the Fair Housing Act
2. New Mexico Human Rights Act
3. New Mexico Uniform Owner-Resident Relations Act

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