Albuquerque Tenant Rights: Voucher Protection and Rent Abatement

Short answer: Albuquerque tenant rights include a city ban on refusing renters because they pay with a housing voucher, Social Security or other lawful income, enforced by the Office of Civil Rights. Under state law you can also cut your rent by a set formula when your landlord ignores serious repairs. But New Mexico still gives only three days to pay after a nonpayment notice, and state law bars rent control.

Two things stand out about renting in Albuquerque. The city added source of income to its Human Rights Ordinance in 2022, so a “No Section 8” ad is illegal here. And evictions move fast: a three-day notice, a hearing at Bernalillo County Metropolitan Court, and a writ that can take effect within days of judgment. Knowing the timeline, and the court’s mediation program, can decide whether you keep your home.

Albuquerque tenant rights at a glance

Topic	Albuquerque rule	Source
Rent control	None; state law prohibits local rent control (NMSA 47-8A-1)	LFC report on SB 138 (2026)
Source of income	Landlords can’t refuse lawful, verifiable income, including housing choice vouchers	Office of Civil Rights
Just cause	None; month-to-month tenancies end on 30 days’ written notice	NMSA 47-8-37
Security deposit	One month’s rent max for leases under a year; itemize within 30 days	NMSA 47-8-18
Entry notice	24 hours’ written notice with purpose, date and time frame	NMSA 47-8-24
Nonpayment notice	3 days to pay in full	NMSA 47-8-33(D)
Eviction court	Bernalillo County Metropolitan Court, 401 Lomas Blvd. NW	Metro Court
Key local agency	Office of Civil Rights, 505-768-3138; 311	City of Albuquerque

Source of income protection in Albuquerque

The city’s Source of Income Amendment to the Albuquerque Human Rights Ordinance, sections 11-3-2 through 11-3-12, took effect in the fall of 2022. It bars landlords from refusing to rent to an otherwise qualified tenant because of a lawful, verifiable source of income. That includes wages, Social Security or disability, pensions, child support, alimony, other lawful recurring income, and public assistance including housing choice vouchers.

What counts as discrimination

According to the Office of Civil Rights, a landlord breaks the rule by refusing to rent because of your income source, by refusing to fill out voucher paperwork, or by charging different deposits, rent or terms. Advertising “No Section 8” counts. So does requiring voucher holders to earn three times the rent when everyone else needs two times.

What landlords can still do

Landlords can still charge application fees and deposits, check credit and criminal history, and use other screening criteria, as long as they apply them equally to every applicant. They can move to another applicant if a housing quality inspection isn’t completed within five business days of the housing agency’s notice. They can set rent at any amount and raise it after a lease ends. The ordinance doesn’t apply to a building with no more than four households when the owner lives in one of the units.

To file a complaint, contact the Office of Civil Rights at 505-768-3138 or dial 311. The office reviews whether it has jurisdiction, offers the parties a predetermination settlement, and investigates if settlement fails. See how Section 8 works for the voucher side of the process.

No rent control, and the 2026 repeal attempt

New Mexico law, NMSA 47-8A-1, prohibits political subdivisions and home rule municipalities from enacting rent control on privately owned property, according to the Legislative Finance Committee’s analysis of Senate Bill 138. That 2026 bill would have repealed the ban and let local governments like Albuquerque adopt rent control. The Legislature’s bill page shows the bill died after action was postponed indefinitely on January 26, 2026, so the ban stands.

What state law does regulate is notice. For a month-to-month tenancy, a rent increase needs written notice at least 30 days before the next rental period. More on New Mexico rent increase laws.

Repairs: cutting your rent by formula

New Mexico’s Uniform Owner-Resident Relations Act gives renters a rent-abatement remedy with a built-in formula, found in section 47-8-27.2 of the Act as compiled by the Real Estate Commission. If the owner violates its basic duties under section 47-8-20, other than a broken amenity, you give written notice of the conditions needing repair. If the owner doesn’t fix them within seven days, you may abate:

one-third of the pro-rata daily rent for each day from the date you gave notice through the day the problem is fixed; or
100% of the rent for each day if the unit is uninhabitable and you don’t live there because of the condition.

If a government agency pays part of your rent, abatement is figured on the total rent, not just your share. Alternatively, under section 47-8-27.1, for a material problem affecting health and safety you can give written notice that the lease will end on a date at least seven days later unless the owner makes a reasonable attempt to fix it. You can’t use both remedies for the same violation in the same rental period. Section 47-8-39 bars retaliation within six months after you request repairs in writing, complain to a code agency or join a tenants’ group. That retaliation protection also covers a fair housing complaint to a government agency, so filing with the Office of Civil Rights shouldn’t cost you your lease. Use our repair request letter generator for the written notice, and see New Mexico repairs and habitability.

A worked example: no hot water in a Nob Hill apartment

Elena rents a one-bedroom near Nob Hill for $1,240 a month on a 12-month lease. On January 3, the water heater fails. She emails and also hand-delivers a written repair notice that day.

Seven days pass. No repair by January 10, so abatement applies, counted from January 3, the day she gave notice.
The daily figure. January has 31 days, so pro-rata daily rent is $1,240 divided by 31, or $40. One-third is about $13.33 a day.
The total. The plumber finishes on January 20. From January 3 through January 20 is 18 days, so Elena may abate about $240 from her next rent payment, keeping copies of her notice and dated photos.
The late fee trap. If her landlord treats the shortfall as late rent, the late fee on monthly rent is now capped at 5%, or $62 on her rent. If an abatement amount is disputed in a nonpayment case, the Act lets the court condition the writ on her right to pay within three days after judgment.

Where Albuquerque evictions are heard

Eviction cases are filed in the Bernalillo County Metropolitan Court, 401 Lomas Blvd. NW, main phone 505-841-8151. The court runs a Self-Help Center with forms and help for renters and landlords; the city lists its number as 505-841-9817.

The timeline is short. A 2026 presentation to legislators by New Mexico Legal Aid and the New Mexico Center on Law and Poverty, posted by the Legislature, summarizes it this way: a 3-day notice to pay all past-due amounts; if unpaid, the owner can file immediately; the court is supposed to set a hearing within 7 to 10 days of service; and if the owner wins, a writ of restitution is issued effective 3 to 7 days from judgment. It also notes that a landlord isn’t required to attach a ledger to the notice or the petition, so ask for one and check it.

At the hearing, the judge must tell both sides about the Eviction Prevention and Diversion Program, a mediation program for eviction cases. The case goes to mediation only if both landlord and tenant agree. For the full process, see the New Mexico eviction process.

Help paying rent

The city’s eviction prevention page describes help for Albuquerque residents behind on rent or utilities who are at risk of eviction or shutoff, with the caveat that funding is limited and services depend on available funds. You apply through the Health & Social Services Center closest to you; the city lists John Marshall (505-848-1345), Alamosa (505-836-8800), Dede Feldman Los Griegos (505-761-4050) and Ruth M. Adams (505-767-5700). Residents of unincorporated Bernalillo County are directed to county resources instead.

New Mexico baseline in brief

Deposit: leases under one year, no more than one month’s rent; annual leases with a deposit over one month’s rent require annual interest; itemized list and balance within 30 days; a landlord who misses the deadline forfeits the right to withhold and owes court costs and attorney fees (NMSA 47-8-18). Details: New Mexico security deposit law.
Entry: 24 hours’ written notice stating purpose, date and an estimated time frame, unless otherwise agreed (NMSA 47-8-24).
Late fees: capped at 5% of monthly rent, lowered from 10% effective June 20, 2025, per the 2026 legislative presentation. See New Mexico late fee laws.
Nonpayment: 3 days after written notice; paying the full amount as stated in the notice before it expires bars the eviction (NMSA 47-8-33(D)).

Who to call in Albuquerque

311 (505-768-2000) for city services.
Office of Civil Rights: 505-768-3138 for source-of-income and other housing discrimination.
Metro Court Self-Help Center: 505-841-9817.
New Mexico Legal Aid: free civil help for eligible tenants at newmexicolegalaid.org.

Comparing desert cities? Tucson tenant rights shows how Arizona handles many of the same issues.

Frequently Asked Questions

Can an Albuquerque landlord refuse my Section 8 voucher?

No, unless the building has four or fewer households and the owner lives there. The city’s Human Rights Ordinance bars refusal based on lawful income, including housing choice vouchers.

Does Albuquerque have rent control?

No. NMSA 47-8A-1 bars it, and a 2026 bill to repeal that ban died in committee.

How long do I have to pay after a three-day notice in Albuquerque?

Three days. Paying the full amount in the way the notice states before it expires stops the landlord from filing for nonpayment.

How much rent can I withhold for repairs?

After seven days’ written notice, one-third of the daily rent for each day the problem continues, or the full daily rent if the unit is uninhabitable and you’ve moved out because of it.

Where is eviction court in Albuquerque?

Bernalillo County Metropolitan Court at 401 Lomas Blvd. NW. Ask about the Eviction Prevention and Diversion Program at your hearing.

What is the maximum late fee in Albuquerque?

Five percent of monthly rent since June 20, 2025, and only if your lease provides for one.

This page is general information, not legal advice. If you’ve received a three-day notice or an eviction summons, contact New Mexico Legal Aid through its website or the Metro Court Self-Help Center at 505-841-9817 the same day, because the hearing can be only days away.