New Mexico’s rules come from the Uniform Owner-Resident Relations Act (NMSA 1978, ch. 47, art. 8). There is no statewide source-of-income protection, but the four largest jurisdictions — Albuquerque, Santa Fe, Las Cruces, and Bernalillo County — ban voucher discrimination, so protections change at a city line. Nonpayment starts with a 3-day notice, deposits are capped at one month’s rent for leases under a year, and a 2025 law caps tenant-screening fees at $50. Section 8 is run by regional and local authorities, not the state finance agency. This page covers where to apply, the tenant-law framework, and where to get help.
- 211 New Mexico — dial 2-1-1 (or 505-245-1735) for rent, utility, and shelter help
- City of Albuquerque Housing Authority: 505-764-3920 · Mesilla Valley (Las Cruces): 575-528-2000
- New Mexico Legal Aid: 1-833-545-4357 · newmexicolegalaid.org
- NM Human Rights Bureau (fair housing): 505-827-6838 · 1-800-566-9471
- LIHEAP (Health Care Authority): 1-800-283-4465
- HUD fair housing: 1-800-669-9777
Major New Mexico public housing authorities
New Mexico’s finance agency, Housing New Mexico (MFA), does not run tenant vouchers — it handles tax credits, project-based Section 8, and homeownership. Housing Choice Vouchers come from local authorities plus three consolidated regional authorities covering the balance of the state:
- City of Albuquerque Housing Authority — PHA NM001, 505-764-3920; the largest, with periodic interest-list openings at abqha.org
- Mesilla Valley Public Housing Authority — Las Cruces, PHA NM003, 575-528-2000
- Santa Fe Civic Housing Authority — PHA NM009, 505-988-2859; and Bernalillo County Housing, NM057, 505-314-0200
- Regional authorities — Eastern (Roswell, 575-622-7507), Western (Silver City, 575-388-4781), and Northern (Taos, 575-751-1175) run vouchers across rural counties
Use HUD’s PHA directory and read how to find your PHA. For tax-credit apartments, search HUD’s LIHTC database.
Source of income: it depends on your city
New Mexico has no statewide source-of-income law, so in most of the state a landlord may decline a Housing Choice Voucher. But the four largest jurisdictions have local bans: Albuquerque (2022 ordinance), Santa Fe, Las Cruces, and Bernalillo County all prohibit refusing a tenant because they pay with a voucher. If you live in one of those and a landlord says “no Section 8,” that is likely illegal. A statewide bill has repeatedly failed. See our source-of-income protections guide.
Emergency rent & utility help in New Mexico
- LIHEAP — administered by the New Mexico Health Care Authority (Income Support Division); customer service 1-800-283-4465; see utility assistance programs
- MFA and Community Action agencies run homelessness-prevention and rapid re-housing; the state announced new housing funding in 2025
- Dial 211 for the current list of rent and deposit funds, plus emergency rental assistance
New Mexico tenant law: key protections at a glance
Quick reference: New Mexico
- Voucher administrator: local authorities (Albuquerque, Las Cruces, Santa Fe) plus three regional authorities; MFA runs no tenant vouchers
- Source-of-income protection: none statewide, but Albuquerque, Santa Fe, Las Cruces, and Bernalillo County ban voucher discrimination
- Rent control: banned statewide (NMSA 47-8A-1)
- Nonpayment notice: 3 days to pay or quit (NMSA 47-8-33)
- Lease-violation notice: 7 days to cure
- Month-to-month termination: 30 days (NMSA 47-8-37)
- Security deposit: capped at one month’s rent for leases under a year; itemized refund within 30 days (NMSA 47-8-18)
- Screening fee: capped at $50 (SB 267, 2025)
- Self-help eviction: illegal (NMSA 47-8-36)
Security deposits
For a lease of less than one year, the deposit is capped at one month’s rent; for a year or longer there is no dollar cap but any amount over one month must earn interest (NMSA 47-8-18). The landlord must send an itemized refund within 30 days; missing that deadline forfeits the right to withhold anything and can add a $250 penalty. A 2025 law (SB 267) also caps tenant-screening fees at $50. Read how to recover your security deposit.
Eviction process & how long it takes
For nonpayment, the landlord serves a 3-day notice to pay or quit (NMSA 47-8-33); paying in full before it expires bars the eviction. Many lease violations get a 7-day right to cure. After the notice, the case goes to magistrate court, and only the county sheriff may remove a tenant; the process commonly runs about two to seven weeks. Self-help eviction is illegal (NMSA 47-8-36). Get help from New Mexico Legal Aid (1-833-545-4357) and read how to avoid eviction.
Tribal & veteran housing in New Mexico
- Tribal housing — New Mexico has 23 federally recognized tribes, including 19 Pueblos, three Apache nations, and the Navajo Nation; most on-reservation housing runs through Tribally Designated Housing Entities under NAHASDA, outside the state/PHA system, and MFA runs a separate Tribal Housing program
- HUD-VASH (veterans) — a voucher paired with VA case management; see how to apply for HUD-VASH
- Eviction prevention — our eviction prevention hub explains defenses and what to do before your court date
Nearby states
Comparing states or planning a move? New Mexico’s neighbors handle deposits, notice, and vouchers differently:
- Utah tenant rights — statewide source-of-income protection and fast evictions
- Nevada tenant rights — a tenant-driven summary eviction process
- Arizona tenant rights
- Colorado tenant rights — statewide voucher protection
- Texas tenant rights
Where to get help in New Mexico
Tenant help & legal aid: New Mexico Legal Aid (1-833-545-4357) has a dedicated Housing Law program plus Veterans and Native American programs; self-help is at lawhelpnewmexico.org.
Discrimination complaints: the NM Human Rights Bureau (505-827-6838 or 1-800-566-9471) enforces the Human Rights Act; a charge must be filed within 300 days.
Vouchers & local PHAs: apply to your city or regional authority through the HUD PHA directory.
211 helpline: dial 2-1-1 for rent, utility, and shelter help statewide.
Next Steps
Not sure where to start? Our Where to Start tool maps New Mexico programs to your situation in about two minutes.
If you live in Albuquerque, Santa Fe, Las Cruces, or Bernalillo County and a landlord refused your voucher, that may be illegal — contact New Mexico Legal Aid (1-833-545-4357) and read eviction prevention.
Frequently Asked Questions
Can a landlord refuse my Section 8 voucher in New Mexico?
It depends where you live. There is no statewide source-of-income protection, so in most of New Mexico a landlord may decline a voucher. But Albuquerque, Santa Fe, Las Cruces, and Bernalillo County all ban voucher discrimination by local ordinance, so refusing a voucher there is likely illegal.
How much can a landlord charge for a security deposit in New Mexico?
For a lease under one year, no more than one month's rent (NMSA 47-8-18). For a lease of a year or more there is no dollar cap, but any amount over one month must earn interest. The landlord must send an itemized refund within 30 days, and a 2025 law caps screening fees at $50.
How much notice before eviction for unpaid rent in New Mexico?
Three days (NMSA 47-8-33). The landlord serves a 3-day notice to pay or quit, and paying in full before it expires stops the eviction. Only the county sheriff can remove a tenant after a court order — self-help eviction is illegal (NMSA 47-8-36).
Is there rent control in New Mexico?
No. The Rent Control Prohibition Act (NMSA 47-8A-1) bars local rent control on private housing, so there is no legal cap on rent increases (subsidized units are an exception). A month-to-month landlord must still give 30 days' notice.
I live on a Pueblo or reservation — who handles housing?
Most on-reservation housing runs through your tribe's Tribally Designated Housing Entity under NAHASDA, separate from the state and local PHAs. New Mexico has 23 federally recognized tribes, and MFA runs a separate Tribal Housing program. Contact your tribe's housing office directly; 211 can help you find it.
My landlord changed the locks — is that legal?
No. Self-help eviction is illegal (NMSA 47-8-36). If a landlord locks you out, shuts off utilities, or removes your property without a court order, you can cancel rent for each day you're denied access, recover damages, and be restored to the unit.