Your Rights Under the Law

The federal Fair Housing Act (FHA), 42 U.S.C. Sections 3601-3631, gives you the right to rent or buy a home without discrimination. The FHA was passed in 1968 as part of the Civil Rights Agenda of the 1960s. Amendments to FHA were passed in 1988 to protect the disabled and families with children in addition to other protected classes.

The FHA, with certain exceptions, makes it illegal to discriminate with respect to any housing-related matter, such as rental or purchase of housing, against any person because of their race, color, national origin, religion, gender, disability or family status. These seven classes are known as the "protected classes."

State, city, or county laws and ordinances provide additional protections.

Other relevant laws that may apply to your situation:

Civil Rights Act - The Civil Rights Act of 1866 provides that: "All citizens of the U.S. shall have the same right, in every State and Territory, as is enjoyed by white citizens thereof to inherit, purchase, lease, sell, hold, and convey real property."

The New Mexico Human Rights Act (NMHRA) - as of July 1, 2003, the NMHRA will make it illegal to discriminate with respect to any housing-related matter against any person because of their sexual orientation or gender identity. Protection is already available for discrimination based on spousal affiliation.

Local Human Rights Laws - These laws vary by community. Contact us with questions about laws that apply to your community in either Santa Fe, Las Cruces or Albuquerque.

Rehabilitation Act - Section 504 of the Rehabilitation Act of 1973 provides that "No otherwise qualified individual with handicaps in the US...shall solely by reason of his handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance."

Americans with Disabilities Act - The American with Disabilities Act extends the protections offered by Section 504 to all activities of State and Local Governments, including those that do not receive Federal financial assistance. The American with Disabiities Act does not apply to housing but rather to public accommodations such as stores, movie theatres, bowling alleys, buses, etc. It is similar in spirit to the provisions in the Fair Housing Act regarding persons with disabilities.

New Mexico Building Code - the New Mexico Building Code has certain requirements for handicapped accessibility for new construction of residential housing, some of which are more stringent than required under the Fair Housing Act.