Service vs. Emotional Support Animals: New Mexico Renters’ Guide

Finding a pet-friendly rental can be difficult, but if you have a disability or mental health need, New Mexico law may protect your right to have a service animal or an emotional support animal (ESA) in your home. Understanding how these animals are treated under state and federal law is essential for both renters and landlords. This guide explains your rights, required forms, and next steps so you can feel secure in your housing situation.

Understanding Service Animals and Emotional Support Animals

Under federal and New Mexico law, service animals and ESAs are not the same—and they have different legal protections in rental housing.

What Is a Service Animal?

A service animal, as defined by the Americans with Disabilities Act (ADA), is a dog (or in some cases, a miniature horse) trained to perform specific tasks for a person with a disability. Examples include guide dogs for visually impaired individuals or dogs that alert people with epilepsy to seizures.

• Landlords must allow service animals in housing, even in properties with a "no pets" policy
• No pet fees or deposits can be charged for service animals
• Only reasonable documentation of disability-related need may be requested if the disability is not obvious

What Is an Emotional Support Animal (ESA)?

An emotional support animal provides comfort or support for a mental health condition or emotional disability, but is not trained to perform a specific task. ESAs are protected under the federal Fair Housing Act, which applies in New Mexico housing.

• Landlords must make reasonable accommodations for ESAs unless it would cause undue hardship
• The animal does not require specialized training
• Landlords may request proof of your disability-related need, usually a letter from a licensed healthcare provider

Both service animals and ESAs are not considered pets under federal and New Mexico law.

Your Rights as a Renter in New Mexico

In New Mexico, renters with disabilities are protected by the New Mexico Human Rights Act and the federal Fair Housing Act. Both laws prohibit discrimination against persons with disabilities, including the right to have a service animal or ESA in most types of rental housing.

• Landlords cannot deny housing due to the presence of a service animal or ESA
• It is illegal for landlords to charge pet fees or higher deposits for these animals
• You are responsible for the animal’s behavior and must ensure it does not create a nuisance or pose a direct threat

If a landlord refuses a reasonable accommodation, you may file a complaint with the New Mexico Human Rights Bureau.

Official Forms and Documentation

No specific state forms are required for service animals. For ESAs, landlords may request documentation from a licensed healthcare provider that:

• Confirms you have a disability recognized by law
• Explains how the ESA reduces symptoms or supports your condition

This documentation does not have an official state-wide form but should be a signed letter from your provider. For complaints, use:

• New Mexico Human Rights Complaint Form – Used if a landlord denies your right to an assistance animal.
  Find and download at File a Complaint (NM Human Rights Bureau).
  Example: If your landlord rejects your ESA request despite a doctor’s letter, file this form online or mail it in.

Reasonable Steps to Request an Accommodation

To request a service animal or ESA in your home, provide your landlord with:

• A written accommodation request (by email or letter)
• Your supporting documentation, if your disability or the need for the animal is not obvious

If your request is denied, keep a record and consider filing a complaint with the New Mexico Human Rights Bureau or the U.S. Department of Housing and Urban Development (HUD).

Who Handles Disputes?

In New Mexico, the agency overseeing tenancy disputes—including those about accommodation for assistance animals—is the New Mexico Courts – Landlord/Tenant Division.

The main tenancy law is the New Mexico Uniform Owner-Resident Relations Act^[1].

FAQ: Service and Emotional Support Animals in New Mexico Rentals

1. Can my landlord charge me extra for having a service animal or ESA?
   No, landlords cannot charge additional fees or pet deposits for service animals or ESAs, but you are responsible for any damage caused by the animal.
2. Am I required to register my service animal or ESA?
   No registration is required by New Mexico or federal law. Landlords can only ask for documentation if your disability or need is not obvious.
3. What kind of proof does my landlord need for my ESA?
   A letter from a licensed health or mental health provider linking your need for the animal to your disability is acceptable. There is no official state form.
4. Can a landlord ever deny a service animal or ESA?
   Yes, but only if the animal would cause undue hardship, is a direct threat to others, or would cause substantial property damage.
5. What should I do if my landlord denies my reasonable request?
   Document all communication and file a complaint with the New Mexico Human Rights Bureau or HUD if needed.

Need Help? Resources for Renters

• New Mexico Human Rights Bureau – Discrimination complaints and accommodation help
• New Mexico Legal Aid – Tenant Advocacy
• New Mexico Courts – Landlord/Tenant Information
• U.S. Department of Housing and Urban Development – Fair Housing Office

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1. New Mexico Uniform Owner-Resident Relations Act
2. HUD Fair Housing Act Guidance
3. ADA Service Animal Requirements

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