Requesting a Reasonable Accommodation as a Renter in New Mexico

If you are a renter living with a disability in New Mexico, you have legal rights to request changes that allow you equal use and enjoyment of your rental housing. These changes, called reasonable accommodations, are protected under both the federal Fair Housing Act and New Mexico state law. Understanding your rights, the correct processes, and where to find support can help make your rental home more accessible and comfortable.

What Is a Reasonable Accommodation?

A reasonable accommodation is an adjustment to rules, policies, or practices in housing so that people with disabilities have an equal opportunity to live and enjoy their homes. Common examples include allowing a service animal in a 'no pets' apartment or assigning a more accessible parking spot.

Your Legal Rights as a Renter with a Disability in New Mexico

• The federal Fair Housing Act and the New Mexico Human Rights Act guarantee your right to request reasonable accommodations without discrimination.
• Landlords cannot charge extra fees just because you ask for a reasonable accommodation.
• Landlords must reply promptly—typically within 10 to 14 days of your written request.

If a request is denied, the landlord must provide a clear reason. You can challenge the decision if you believe it is unfair or not based on the law.

How to Request a Reasonable Accommodation

While you are not required to use a specific form, it is a best practice to make your request in writing. Keeping a paper trail helps protect your rights and clarifies communication.

Preferred: Written Request

• No official New Mexico state form is required, but you may use the Suggested Sample Letter from HUD.
• Include your name, address, a description of your disability-related need, and the specific change you are requesting.
• You do not need to share your exact diagnosis—just how the accommodation will help you use your home.

Sample Accommodation Request Letter

Use the format below for your written request:

• Date
• Your name and address
• Landlord’s name and address
• “I am requesting a reasonable accommodation under the Fair Housing Act and New Mexico law. Because of my disability, I need [accommodation requested] so I can enjoy my home.”
• Sign and keep a copy for your records.

What Happens Next?

Your landlord must reply in a timely manner. If more information is needed, they may ask about your need but cannot require extensive or intrusive medical details. If your request is denied, you should receive a written explanation.

What if My Request Is Denied?

If you believe a denial is unjust, you may file a complaint with the New Mexico Human Rights Bureau or the U.S. Department of Housing and Urban Development (HUD).

• Form to File a Complaint: NM Human Rights Complaint Form
• When to use: If your landlord denies your request or you experience discrimination related to your disability.
• How to submit: Complete and send by mail, email, or in person to the New Mexico Human Rights Bureau.

You have one year from the date of discrimination to file a complaint in New Mexico.

Relevant Tribunal or Board

The New Mexico Human Rights Bureau handles complaints related to housing discrimination and reasonable accommodations. For lease issues and general housing disputes, the courts apply the New Mexico Uniform Owner-Resident Relations Act.¹

Quick Summary

Requesting a reasonable accommodation in New Mexico starts with a clear written letter to your landlord. Keep records, and know you can file a complaint with the Human Rights Bureau if your request is refused.

Frequently Asked Questions

1. Can a landlord refuse my accommodation request?
   If the request is deemed unreasonable (for example, causing undue financial or administrative burden), a landlord may refuse, but must explain why in writing. Most standard accommodations—such as a reserved parking spot or permission for a service animal—are routinely granted.
2. Do I have to disclose my specific disability to my landlord?
   No. You only need to provide enough information to show that you have a qualifying disability and that the accommodation is related to your needs. Specific diagnoses or detailed medical records are not required.
3. Are there deadlines for landlords to respond?
   New Mexico does not set a strict deadline, but responses should be prompt, generally within 10 to 14 days. If your landlord delays, you may wish to follow up in writing or seek assistance.
4. Where do I file a complaint about disability discrimination?
   You can file a housing complaint with the New Mexico Human Rights Bureau or the U.S. Department of Housing and Urban Development (HUD).
5. Is there a fee for requesting a reasonable accommodation?
   No. Landlords cannot charge you extra fees or deposits just for making an accommodation request.

Key Takeaways

• You can request a reasonable accommodation at any time; written requests are best.
• Landlords cannot legally retaliate or charge special fees for accommodations.
• If denied, you may file a formal complaint with the Human Rights Bureau or HUD.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau: Offers complaint forms and assistance (1-800-566-9471).
• HUD Fair Housing Complaint Process: Federal contact for unresolved cases.
• New Mexico Mortgage Finance Authority (MFA): Housing services and resources.

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1. See the New Mexico Uniform Owner-Resident Relations Act for statewide tenancy laws.

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