Fair Housing

Fair Housing Equal Opportunity for All

The Fair Housing Act of 1988 protects the rights for everyone to have access to all housing opportunities without discrimination based on:

• Race
• Religion
• National origin
• Sex
• Color
• Familial status
• Disability

The New Mexico Human Rights Act also prohibits discrimination based on:

• Ancestry
• Sexual orientation
• Gender identity
• Spousal affiliation

Why Does Fair Housing Matter?

Everyone benefits from fair housing; including landlords, tenants, housing providers, owners, home seekers, lenders and realtors. By ensuring that everyone has equal access to housing opportunities, fair housing fosters and protects diversity in neighborhoods.

What are Examples of Discrimination?

• An individual or entity refusing to make reasonable accommodations for individuals with disabilities
• An individual or entity withholding the sale, rental, or leasing of available homes or rental properties for reasons that are discriminatory against members of the protected classes
• An individual or entity assigning different rental amounts or security deposits for reasons that are discriminatory against members of the protected classes
• An individual or entity not enforcing rules/terms and conditions fairly and equally across renters or homebuyers
• An individual or entity misleading potential renters or home buyers to believe that homes or rental properties are not available for sale/rent when they are available
• When an individual or entity is selling/renting homes or rental properties and discriminatory preferences are used as deciding factors in their selection

What Housing Types are Covered Under the Fair Housing Act?

Under the law, a landlord (owner, manager, broker, housing provider, realtor or company representative) is responsible for applying fair housing practices in dwellings such as:

• Apartments rented or leased
• Houses sold or rented
• Boarding and rooming house rentals
• Condominiums
• Mobile home parks

The Fair Housing Act covers most housing. In some circumstances, the Act exempts owner-occupied buildings with no more than four units, single-family housing sold or rented without the use of a broker, and housing operated by organizations and private clubs that limit occupancy to members.

I Feel that a Housing Provider Discriminated Against Me. What Should I Do?

If you feel that you have been discriminated against in some way related to your housing because of race, color, national origin, religion, sex, familial status or disability, you can file a report to the U.S. Department of Housing and Urban Development. For more information or to file a complaint, contact:

Housing & Urban Development (HUD)
HUD Hotline at 1-800-669-9777 (English/Español)
1-800-927-9275 (TTY)
www.hud.gov/fairhousing

City of Albuquerque Office of Civil Rights
505-768-4595 (TTY 771)
civilrights@cabq.gov
www.cabq.gov/legal/civil-rights

Documentation requests related to housing programs

The Supportive Housing Coalition of New Mexico oversees over 20 programs across the state. Program participants have the right to request information in their file at any time. SHCNM will provide the material as soon as possible, no later than 30 calendar days after receipt of the request. As per SHCNM’s policies on confidentiality align with HIPAA, fees may be applicable if request requires excessive materials and labor, in accordance with 45 CFR 164.524 (c)(4). SHCNM also reserves the right to redact information that may result in a violation of its confidentiality policies. Additionally, any program participant can request a copy of SHCNM’s funder-approved documentation, forms, and program policies and procedures.

For any documentation requests, participants can contact SHCNM at info@shcnm.org to start the request process.