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. Please consult with local counsel before taking any action based off of the information provided. 

On these pages, you will find information about 1) the protected classes in each state’s fair housing law, 2) protected classes in the cities and counties in the state’s three largest city or metropolitan areas, and 3) protected class information in additional jurisdictions of interest to NAA members. 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 September 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

 

This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.

(Bernalillo County Code)

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."

This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.

(Santa Fe County Code Title 15 Ex. A §§ 13.1 et seq.)

This jurisdiction emphasizes enforcement of federal and state protected classes

City of Santa Fe Protected classes

(City of Santa Fe Municipal Code §§ 26-4.1 et seq.)

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

This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.

(Dona Ana County Code)

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

Santa Teresa Protected Classes

Santa Teresa is a census-designated place within Dona Ana County

This section includes relevant county and city information. Note there could be differences or overlap in the laws’ housing provider obligations.

(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.