New Mexico Tenant Rights When Elevators Break Down

Accessibility & Disability Accommodations New Mexico published: June 21, 2025 Flag of New Mexico

If you’re renting an apartment in a New Mexico high-rise, functioning elevators are essential, especially for tenants with disabilities or mobility issues. When elevators break, it can impact your daily routine, health, and right to safe access. This article explains your rights under New Mexico law, what your landlord must do, and how to take action if elevator outages are affecting your tenancy.

What New Mexico Law Says About Elevators and Essential Services

In New Mexico, landlords must keep rental properties in a habitable condition. This means the unit—and all common areas, including elevators—must be safe, clean, and accessible. Persistent elevator outages can violate your rights, especially if they limit access to your home or needed services. Under the New Mexico Uniform Owner-Resident Relations Act, landlords must:

  • Make repairs and keep common areas safe (including elevators)
  • Maintain all electrical, plumbing, heating, and other essential systems
  • Comply with health and safety codes

If the elevator in your building stops working and your landlord doesn’t act promptly to fix it, this could be a breach of your rights as a tenant.

Elevators and Disability Accommodations

For renters with mobility challenges or disabilities, a working elevator is more than a convenience—it’s a necessity. The federal Fair Housing Act (FHA) and the Americans with Disabilities Act (ADA) protect your right to request reasonable accommodations, like prompt repairs or alternate arrangements if an outage makes your home inaccessible.

If a landlord delays repairs or won’t make alternative accommodations, you may have grounds for a complaint or a reduction in rent. Public housing and subsidized apartments may have additional requirements under federal law.

Your Rights When the Elevator is Out

  • Request urgent repair of the elevator
  • Ask for reasonable accommodations (temporary relocation, help accessing your unit, etc.)
  • Request a rent reduction if you lose access to essential services
  • File a complaint with state or federal housing agencies if your landlord fails to act
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How to Take Action: Steps for New Mexico Renters

Here is what to do if you’re facing elevator outages in your high-rise building:

  1. Notify your landlord in writing. Clearly describe the problem, how it affects you, and request a repair. Keep a copy.
  2. Allow reasonable repair time. Landlords typically must respond to essential repair requests within 7 days under the New Mexico Uniform Owner-Resident Relations Act, Section 47-8-27.1.
  3. If not fixed, escalate:

Relevant Official Forms for Complaints and Accommodations

  • Landlord-Tenant Complaint Form (New Mexico Regulation & Licensing Department)
    Use this form if your landlord hasn’t fixed elevator issues after notice. Access the complaint form and instructions here.
    Example: If your elevator has been down for more than a week and your landlord hasn't responded, fill out this form and submit it to the Construction Industries Division to start an official review.
  • Reasonable Accommodation Request Template
    This is not a numbered state form, but templates and guidance are available from HUD. See HUD's official reasonable accommodation resources.
    Example: Use this letter to formally ask your landlord to make special arrangements—like ground-floor access—while repairs are pending.

Which Agency Handles Landlord-Tenant Issues in New Mexico?

Residential disputes are generally handled by your local New Mexico Magistrate or Metropolitan Court for landlord-tenant matters. Formal complaints about habitability can also go to the Construction Industries Division.

If your situation impacts your health or ability to access your home safely, document everything and seek assistance from a tenant advocacy group or legal aid as soon as possible.

Frequently Asked Questions

  1. What repairs must landlords make if the elevator is out in New Mexico?
    Landlords must promptly repair essential services, including elevators, to maintain safe and habitable housing. Failure to do so can be a violation of state law.
  2. Can I withhold rent if my elevator isn’t fixed?
    New Mexico law generally does not allow rent withholding without a court order, but you may request a rent reduction or take legal action if repairs are not made.
  3. What if I have a disability and need the elevator to access my unit?
    You can request a reasonable accommodation. If denied, contact the U.S. Department of Housing and Urban Development or a local legal aid for assistance.
  4. How do I file a formal complaint about elevator outages?
    Use the New Mexico Regulation & Licensing Department’s complaint form and submit it to the Construction Industries Division. Include detailed records and correspondence.
  5. Which law protects renters when elevators break in New Mexico?
    The New Mexico Uniform Owner-Resident Relations Act protects your rights to habitability and repairs.

Key Takeaways

  • New Mexico law requires landlords to keep elevators working and respond quickly to repairs.
  • If your access or health is at risk, document everything and use official complaint channels.
  • Request disability accommodations if needed; help is available from state and federal agencies.

Need Help? Resources for Renters

  1. New Mexico Uniform Owner-Resident Relations Act, Section 47-8-20: Landlord Obligations
  2. Fair Housing Act and Americans with Disabilities Act
  3. New Mexico Uniform Owner-Resident Relations Act, Section 47-8-27.1: Repairs
  4. HUD Reasonable Accommodations
  5. New Mexico Regulation & Licensing Department: Complaint Forms

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Bob Jones
Bob Jones

Editor & Researcher, Tenant Rights USA

Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.

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