Protected Classes in New Mexico Fair Housing Laws

Every renter in New Mexico is protected by state and federal fair housing laws. These laws aim to prevent housing discrimination and ensure everyone has equal opportunity when renting a home. If you’re a renter concerned about fair treatment, understanding the protected classes recognized under New Mexico law can help you identify when your rights may be at risk and guide you toward the right steps for protection.

Who is Protected Under New Mexico Fair Housing Laws?

Both federal and state laws list groups of people, called "protected classes," who are safeguarded from discrimination in housing. In New Mexico, the protected classes go beyond those listed in the federal Fair Housing Act.

• Race
• Color
• National Origin
• Religion
• Sex (which includes gender identity and sexual orientation)
• Familial Status (such as having children under 18, being pregnant, or securing custody of a child)
• Disability
• Ancestry
• Spousal Affiliation

These protections are outlined in the New Mexico Human Rights Act, Section 28-1-7 and enforced alongside the federal Fair Housing Act.^[1][2]

What Housing Practices Are Considered Discrimination?

The law prohibits landlords, property managers, and real estate agents from discriminating against renters or applicants in ways such as:

• Refusing to rent or showing different terms or conditions due to your protected class
• Stating preferences, in writing or verbally, for tenants of certain groups
• Advertising in a discriminatory way
• Imposing different rental standards or services
• Retaliating against a renter for asserting their rights under fair housing law

For example, it’s illegal for a landlord to deny a rental application only because a prospective tenant has children, or to refuse reasonable accommodations for a renter with a disability.

How Do You Take Action if You Face Discrimination?

If you suspect discrimination, you have several avenues for help under New Mexico law. The New Mexico Human Rights Bureau (NMHRB) is the main agency that investigates and enforces fair housing complaints in the state.

• File a Housing Discrimination Complaint: Submit your complaint using the NMHRB Housing Discrimination Complaint Form. You can file online, in person, or by mail.
• The U.S. Department of Housing and Urban Development (HUD) also provides a national online complaint form.

When you file, gather as much documentation as possible, like emails, letters, notes regarding interactions, or witnesses. The Human Rights Bureau investigates and may mediate or penalize violations if they find discrimination occurred.

Relevant Official Forms in New Mexico

• NMHRB Housing Discrimination Complaint Form
  Used when you want to formally report alleged housing discrimination in New Mexico. For example, if a landlord refuses to rent to you after learning about your disability, use this form to describe what happened and when.
  Housing Discrimination Complaint Form (download from NMHRB)
• HUD Housing Discrimination Complaint Form
  This federal form allows renters to report discrimination under the Fair Housing Act. Renters can file directly with HUD if the situation covers federal rights.
  HUD Form 903 Online

New Mexico Residential Tenancy Tribunal

Housing disputes, other than discrimination complaints (which go through the NMHRB), are typically handled in New Mexico Magistrate or Metropolitan Courts. For most fair housing issues, though, the authority is the New Mexico Human Rights Bureau.^[3]

FAQ: New Mexico Fair Housing Protections

1. What is considered a disability under fair housing laws in New Mexico?
   A disability is any physical or mental impairment that significantly limits a major life activity. This includes conditions like blindness, mobility impairments, mental illness, or chronic diseases. Housing providers must make reasonable accommodations for renters with disabilities unless it would cause undue hardship.
2. Are sexual orientation and gender identity protected in New Mexico?
   Yes. New Mexico’s Human Rights Act explicitly prohibits discrimination based on both sexual orientation and gender identity.
3. Is it legal for a landlord to advertise for “adults only” housing?
   Generally, no. Family status is a protected class, so stating a preference for “adults only” can be considered discriminatory unless the housing is designated as senior housing.
4. If I file a complaint, can my landlord evict me as retaliation?
   No. Retaliation against renters for exercising fair housing rights is against the law. If you experience retaliation, document it and include these details in your complaint.
5. What can I do if my landlord refuses to provide a reasonable accommodation?
   If your landlord denies reasonable accommodations (such as allowing a service animal), you can file a complaint with NMHRB or HUD. Gather documentation to support your request and the denial.

Conclusion: Key Takeaways

• New Mexico fair housing laws protect a wide range of classes, including ancestry and spousal affiliation in addition to federal classes.
• If you believe you have faced illegal discrimination, you can file a complaint with the New Mexico Human Rights Bureau or HUD.
• Actions like refusal to rent, differential treatment, or discriminatory advertising can all violate your rights as a renter.

Understanding these protections helps renters recognize unlawful treatment and empowers them to seek help.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau (NMHRB) – Main state agency for discrimination investigations
• HUD Office of Fair Housing and Equal Opportunity – National agency for federal housing discrimination complaints
• New Mexico Courts – Tenant and Landlord Disputes – Help for general rental disputes and self-help resources
• File a Complaint with NMHRB – Start the complaint process online

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1. New Mexico Human Rights Act, Section 28-1-7
2. Federal Fair Housing Act (Title VIII of the Civil Rights Act of 1968)
3. New Mexico Human Rights Bureau (NMHRB)

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