Fair Housing: New Mexico

This page is intended for informational purposes only and does not constitute, and should not be construed as, legal advice. This page is not intended to provide a mandatory standard of care for the industry.  

On these pages, you will find information about the protected classes in each state’s fair housing law as well as the cities and counties in the state’s three largest city or metropolitan areas that enforce additional fair housing protections. We highlight source of income protections, where applicable, that could substantially impact industry operations. Please see the footnotes. NAA also has resources on the federal fair housing protections that apply nationwide.

We are currently in the process of optimizing NAA’s Fair Housing Protected Class Resources. If you do not see a jurisdiction of interest, please reach out to the NAA Government Affairs Team at [email protected].

Information on this page is current as of March 2022.

New Mexico Protected Classes

(State of New Mexico Annotated Statutes § 28-1-7[G])

  • Race

  • Color

  • National Origin

  • Religion

  • Sex

  • Familial Status

  • Disability

  • Age

  • Ancestry

  • Sexual Orientation

  • Gender Identity

  • Marital Status/Spousal Affiliation


Albuquerque Metro Area

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Albuquerque Protected Classes

(City of Albuquerque Municipal code §§ 11-3-2; 11-3-7 [G & H]; O-22-16)​

 In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  • Race Related Hairstyle1
  • Source of Income2
  • Use of a Cultural Headdress

1Race related hairstyle includes, but is not limited to, those hairstyles necessitated by, or resulting from, the characteristics of a hair texture associated with race, such as braids, locs, afros, tight coils or curls, bantu knots, and twists.

2Source of Income is defined as "Any lawful and verifiable source of money and program requirements of such funding, paid directly to or on behalf of a renter or buyer of housing, including, but not limited to: (1) Income from a lawful profession, occupation, or job; (2) Income derived from social security or any form of federal, state, or local public assistance or housing assistance, including a housing choice voucher issued pursuant to Section 8 of the United States Housing Act of 1937, or any other form of housing assistance payment or credit, whether or not such income or credit is paid or attributed directly to a landlord and even if such income includes additional federal, state, or local requirements including but not limited to required inspections and contracting with the agency administering the public assistance program; or (3) A gift, inheritance, pension, annuity, alimony, child support, foster care subsidies, or any other consideration or benefit."

Las Cruces Metro Area

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Las Cruces Protected Classes

(City of Las Cruces Municipal Code §§ 13-1 et seq.)​

In addition to enforcement of federal, state, and county protected classes, this jurisdiction also includes the following protected classes:

  •   Ethnicity

Rio Rancho Metro Area

(Sandoval County Code of Ordinances §§ 20-19 et seq.)

This jurisdiction emphasizes enforcement of federal and state protected classes.

City of Rio Rancho Protected Classes

This jurisdiction emphasizes enforcement of federal, state, and county protected classes.