What fair housing laws must landlords follow?

Fair Housing Laws Landlords Must Follow in New Mexico

As a landlord operating in New Mexico, it is essential to understand and comply with both federal and state fair housing laws that protect tenants and applicants from discrimination. Adhering to these regulations not only helps you avoid legal penalties but also promotes a fair and equitable rental market.

Overview of Fair Housing Laws Applicable in New Mexico

Landlords in New Mexico are subject to the federal Fair Housing Act as well as the New Mexico Human Rights Act. These laws prohibit discrimination in housing based on specific protected characteristics.

Federal Fair Housing Act (FHA)

The FHA is enforced nationwide and prohibits discrimination concerning the sale, rental, and financing of dwellings. Its primary protections include discrimination in:

• Race
• Color
• National origin
• Religion
• Sex (including gender identity and sexual orientation as interpreted by courts)
• Familial status (presence of children under 18)
• Disability

Under the FHA, landlords cannot refuse to rent, set different terms or conditions, advertise in discriminatory ways, or otherwise treat renters differently based on any of these protected classes.

New Mexico Human Rights Act (NMHRA)

The New Mexico Human Rights Act expands on federal protections and adds additional categories relevant to the state. Under NMHRA, housing discrimination is prohibited on the following bases:

• Race
• Color
• Religion
• Sex
• National origin
• Ancestry
• Age
• Physical or mental handicap (disability)
• Spousal affiliation
• Sexual orientation
• Gender identity or expression
• Marital status
• Military/veteran status

The NMHRA applies to all housing providers, including landlords and property managers, and is enforced by the New Mexico Department of Workforce Solutions—Human Rights Bureau.

---

Key Fair Housing Requirements for New Mexico Landlords

1. Non-Discriminatory Advertising

When advertising rental properties:

• Avoid language that expressly or implicitly excludes certain groups (e.g., “no children,” “Christian preferred,” “adults only”).
• Use inclusive terms such as “equal housing opportunity” or “all applicants welcome.”

2. Equal Treatment of Applicants and Tenants

Landlords must:

• Use the same screening criteria for all applicants regardless of their protected class.
• Apply rules and policies consistently, such as pet policies, lease terms, deposits, and rent amounts.
• Not inquire about an applicant’s protected characteristics during screening unless directly relevant to the tenancy (e.g., reasonable accommodation requests).

3. Reasonable Accommodations and Modifications

Landlords are required to provide reasonable accommodations for tenants with disabilities. This could include:

• Allowing service or emotional support animals despite “no pets” policies.
• Installing grab bars or ramps at the tenant’s expense.
• Modifying lease terms to accommodate disabilities, for example, allowing an aide to live with a disabled tenant.

Landlords can request verification of the disability and need for accommodation but cannot refuse reasonable requests without legitimate justification.

4. Protecting Families with Children

Under federal and state law, landlords cannot:

• Refuse to rent to families with minors.
• Treat tenants with children differently regarding deposits, fees, or lease conditions.

There are limited exceptions, such as housing designated for older adults if it meets the criteria for “housing for older persons.”

5. Responding to Complaints

If a tenant or applicant alleges discrimination, landlords should:

• Take the complaint seriously and investigate promptly.
• Cooperate with enforcement agencies such as the New Mexico Human Rights Bureau or the U.S. Department of Housing and Urban Development (HUD).
• Avoid retaliation against tenants or applicants who file fair housing complaints; retaliation itself is prohibited.

---

Additional Best Practices for Compliance

• Training: Regularly train yourself and your staff on fair housing obligations and updates to the law.
• Documentation: Keep detailed records of applications, communications, screening decisions, and accommodation requests to demonstrate compliance.
• Policy Review: Periodically review lease agreements, application forms, and advertising materials to ensure they comply with fair housing laws.
• Legal Counsel: Consult with an attorney specializing in landlord-tenant or housing law for any complex issues or when updating policies.

---

Conclusion

Compliance with fair housing laws in New Mexico is a foundational responsibility for landlords. By following both federal and state regulations, landlords support fair access to housing, minimize legal risks, and foster positive tenant relationships. Understanding the various protected classes, applying policies uniformly, and providing reasonable accommodations to those with disabilities are key aspects of legal compliance.

Maintaining awareness of updates in housing laws and enforcement practices in New Mexico will help ensure that your property management operations adhere to all fair housing mandates.