New Mexico Section 8 Rules: Albuquerque Protects Vouchers, State Doesn't

By Steve Levine · Updated November 3, 2026

Short answer: Under New Mexico Section 8 rules, whether a landlord can turn down your voucher depends on the city. The state Human Rights Act’s housing provision, NMSA 1978 § 28-1-7(G), does not list source of income, and statewide bills to add it died in both 2024 and 2025. Albuquerque, however, has banned source-of-income discrimination since September 21, 2022, and Las Cruces expanded its fair housing ordinance to cover it in 2023.

So a renter in Albuquerque’s Nob Hill and a renter in Farmington can have very different experiences with the same federal voucher. This guide covers those local rules, the agencies that issue vouchers, and the federal protections that travel with you.

New Mexico Section 8 rules at a glance

Rule	New Mexico	Statute
Statewide voucher protection	None; § 28-1-7(G) omits source of income	NMSA § 28-1-7 (as shown in HB 339)
Albuquerque	Source of income protected, effective Sept. 21, 2022	Albuquerque Code § 11-3-7(G)
Las Cruces	Fair Housing Ordinance expanded to source of income in program year 2023	City CAPER report
Tenant rent share	Greatest of 30% of adjusted income, 10% of gross, and other figures	24 CFR 5.628
Ending a voucher tenancy	Listed grounds and a court action	24 CFR 982.310

State law: why statewide bills keep failing

The housing subsection of the Human Rights Act protects race, religion, color, national origin, ancestry, sex, sexual orientation, gender, gender identity, pregnancy and related conditions, spousal affiliation, physical or mental disability, and military status. Source of income is not on the list, as the existing statutory text reprinted in House Bill 339 shows.

HB 339 would have moved the housing rules into a new section, 28-1-7.3, adding source of income and declaring that “the use of an invalid screening process shall be evidence of a source of income discriminatory practice.” It passed the House 42-24 on March 1, 2025, then stalled in the Senate when action was postponed indefinitely. A 2024 bill, HB 25, titled “Housing Discrimination Based on Income,” met the same fate in committee. Until a bill passes, the answer statewide is that a landlord can refuse.

Albuquerque’s ordinance in detail

Albuquerque added source of income to its Human Rights Ordinance in 2022. The city council passed the amendment on June 6, 2022, by a 5-4 vote, the mayor signed it June 23, and it took effect 90 days later, on September 21, 2022, according to the city’s civil rights office.

Under § 11-3-7(G)(1), no one may refuse to rent or lease housing, or discriminate in its terms, because of “source of income or the requirements of any program providing the source of income.” That last phrase matters: a landlord cannot avoid the rule by refusing to sign the housing authority’s contract or allow its inspection. Subsection (G)(2) also bars ads and application forms that express a preference against a source of income, so a “no Section 8” listing in Albuquerque is itself a violation.

Las Cruces

The City of Las Cruces reports, in its federal performance report to HUD, that in program year 2023 it “expanded its Fair Housing Ordinance protections to include source of income discrimination” and will enforce the ordinance in discrimination cases. If a Las Cruces landlord refuses your voucher, contact the city about filing under that ordinance.

Where New Mexico vouchers come from

There is no single state voucher agency. Each city or county housing authority runs its own list, so apply where you want to live.

The largest program is the Albuquerque Housing Authority, which runs Section 8 vouchers under the slogan “Find your own affordable home and we’ll help you pay rent.” It takes applications through its online portal, offers a “Be Notified When You Can Apply” sign-up for list openings, and warns that it never charges a fee to apply. Treat any website asking for money to put you on a list as a scam.

Elsewhere, look up the housing authority for your city or county, such as those serving Santa Fe or Doña Ana County. Lists open and close on their own schedules, and being on several at once is allowed.

The federal protections, short version

Your share of the rent is set by 24 CFR 5.628: the greatest of 30% of monthly adjusted income, 10% of monthly gross income, or a few other figures. Adjusted income is gross income minus deductions such as $480 per dependent and $525 for an elderly or disabled family under 24 CFR 5.611.

Under 24 CFR 982.201, at least 75% of the families each agency admits in a year must be extremely low income. Once you are housed, 24 CFR 982.310 requires a landlord to have a listed reason, give written notice of it, and go to court to evict. New Mexico’s own eviction rules under the Uniform Owner-Resident Relations Act still apply; see our New Mexico eviction process guide.

Example: one voucher, two cities

Daniel, a retired veteran with a disability, receives a voucher from the Albuquerque Housing Authority in May 2026. His gross income is $1,650 a month. The $525 elderly-or-disabled deduction works out to about $44 a month, so his adjusted income is roughly $1,606.

Thirty percent of $1,606 is about $482, which is more than 10% of gross ($165), so his total tenant payment is about $482. When an Albuquerque landlord’s listing says “no vouchers,” that listing violates § 11-3-7(G)(2), and Daniel can report it to the city. If he had been searching in Rio Rancho, outside the city limits, state law would not have protected him, so he would have had to keep looking. Our Section 8 rent calculator runs the same math for your household.

How to apply and what to gather

Sign up for opening notices with the Albuquerque Housing Authority or your local agency, then apply through its portal when the list opens.
Never pay an application fee to a housing authority or a website claiming to represent one.
Collect photo ID, Social Security numbers and birth certificates for each household member.
Gather proof of income: pay stubs, Social Security or SSI letters, VA benefits, child support orders.
Keep medical and child care receipts, which can lower your adjusted income.

For an overview of vouchers, payment standards and the landlord contract, see how Section 8 works.

Frequently Asked Questions

Does New Mexico have a statewide ban on refusing Section 8?

No. HB 25 (2024) and HB 339 (2025) both died. HB 339 passed the House 42-24 but was postponed indefinitely in the Senate.

Can an Albuquerque landlord refuse to sign the housing authority’s paperwork?

Albuquerque’s ordinance covers “the requirements of any program providing the source of income,” not just the money itself. Refusing because of program requirements can be discrimination under § 11-3-7(G)(1).

Does Albuquerque’s rule apply in Rio Rancho or the South Valley?

The ordinance is part of the City of Albuquerque’s code, so it covers property within city limits. Check the local rules for any address outside the city.

When did Las Cruces add source-of-income protection?

The city reports it expanded its Fair Housing Ordinance to include source of income in program year 2023. Ask the city’s fair housing staff for the current ordinance text and complaint process.

Are deposits different for voucher holders?

No. New Mexico’s standard deposit rules apply; see our New Mexico security deposit guide.

Your next step: sign up for list notices with the housing authority where you want to live, and if a landlord inside Albuquerque or Las Cruces refuses your voucher, save the ad and contact the city. Compare other states in our Section 8 rules by state hub. This is general information, not legal advice; for free help, use LSC’s legal aid locator.

Sources

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