Proving Discriminatory Tenant Screening in New Mexico

If you rent in New Mexico and believe a landlord has unfairly screened your rental application, you are protected by both state and federal fair housing laws. Discriminatory screening practices can prevent eligible tenants from finding housing for unfair reasons. Understanding your rights—and how to gather effective evidence—can help you get fair treatment and take action if needed.

What Is Discriminatory Screening in New Mexico?

Discriminatory screening happens when a landlord or property manager treats rental applicants differently based on protected characteristics, such as race, color, national origin, sex, disability, religion, or familial status. In New Mexico, these protections are provided by both the federal Fair Housing Act and the New Mexico Human Rights Act^[1],[2].

Examples of discriminatory screening may include:

• Rejecting an application based on race, religion, or another protected class
• Imposing extra screening requirements for certain applicants
• Providing false information about rental availability only to some applicants

How to Recognize Discriminatory Screening Practices

Identifying illegal discrimination isn’t always easy. Some signs to watch for include:

• Being told a unit is unavailable, but later hearing it offered to someone else
• Receiving different application fees or rental terms
• Landlord asks personal or intrusive questions unrelated to tenancy qualifications
• Written or spoken comments that suggest bias

Official Forms for Reporting Discrimination

If you believe you have been discriminated against, you can file an official complaint with the New Mexico Human Rights Bureau, the state agency responsible for enforcing fair housing laws:

• Human Rights Complaint Form (No standard number): Used to initiate a formal complaint of housing discrimination. Submit within 300 days of the alleged act. Download the Human Rights Complaint Form.
  Example: If a landlord rejects your application after making remarks about your national origin, fill out this form and submit it to the Bureau.
• U.S. Department of Housing and Urban Development (HUD) Housing Discrimination Complaint: For submitting a federal complaint. File online or download complaint forms via HUD.

You do not need a lawyer to file these complaints, but gathering evidence will help your case.

Proving Discriminatory Screening: What Evidence Helps?

When alleging discrimination, the burden is on you to show there’s a reason to believe you were treated unfairly. Useful forms of evidence include:

• Written communications (emails, texts, letters) relevant to your application
• Notes on dates and content of conversations with the landlord
• Witness statements from others who observed the process
• Copies of rental advertisements and your completed application
• Details comparing how you were treated with how others were treated

If you suspect a pattern, keep records of every interaction and gather evidence of policies being inconsistently applied among applicants.

Filing a Complaint: Steps for New Mexico Renters

To get your complaint considered, follow these steps:

• Download, fill out, and sign the Human Rights Complaint Form
• Attach any gathered evidence (documents, emails, witness names)
• Submit the completed form to the New Mexico Human Rights Bureau by email, mail, or in person (see their official contact page for details)
• Wait for confirmation and respond promptly to any follow-ups from the Bureau

If your case also falls under federal protections, consider dual-filing with both the state and HUD. Often the agencies will coordinate their investigations.

What Happens After You File?

The Bureau will investigate, may attempt mediation, and can take enforcement action or refer you to a hearing. Outcomes depend on the strength of your evidence and cooperation with investigators.

FAQ: Discriminatory Screening and Your Rights in New Mexico

1. What characteristics are protected under New Mexico fair housing laws?
   New Mexico protects against discrimination based on race, color, religion, sex, national origin, ancestry, physical or mental handicap, and spousal affiliation.
2. How soon must I file a complaint?
   You have 300 days from the date of the alleged discriminatory screening to file with the New Mexico Human Rights Bureau.
3. Can I apply to more than one agency at a time?
   Yes. You can file complaints with both the state Human Rights Bureau and with HUD at the federal level.
4. Is there a cost to file a complaint?
   No, it is free to file a housing discrimination complaint with the state or federal agency.
5. Do I need a lawyer to prove discriminatory screening?
   No, but legal counsel can help you understand your rights and present your case more effectively if you wish.

Key Takeaways

• Document all rental application steps and keep records of communication.
• Use official complaint forms and submit evidence promptly to the Human Rights Bureau.
• Know your rights under the New Mexico Human Rights Act and act within 300 days.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau – submit fair housing complaints or get more information
• HUD Office of Fair Housing and Equal Opportunity – national fair housing resource and complaint portal
• New Mexico Human Rights Act (statute) – official tenant protection legislation
• New Mexico Statutes Chapter 47: Property Law – additional rental and tenant protections

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1. New Mexico Human Rights Bureau – official tribunal for residential tenancy discrimination issues
2. New Mexico Human Rights Act (NMSA 1978, Sections 28-1-1 to 28-1-14)
3. Fair Housing Act (Federal)

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