New Mexico's Human Rights Act does not list source of income as a protected class, and Albuquerque has not adopted a local Section 8 protection ordinance. Landlords in the city may legally refuse to accept housing-choice vouchers as a payment source.
The New Mexico Human Rights Act (NMSA §28-1-7) prohibits housing discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity, age, disability, and familial status, but does not include source of income. As of 2026, Albuquerque has not enacted a local ordinance making it illegal to refuse Section 8 housing-choice vouchers or other subsidized payments, unlike Santa Fe, which adopted a local ban. Voucher holders therefore rely on landlord goodwill and federal small-area fair-market-rent rules. Federal disparate-impact theories under the Fair Housing Act remain available where a refusal pattern correlates with a protected class.
Refusing to rent based on race, family status, or another protected class hidden behind a voucher pretext can still trigger New Mexico Human Rights Bureau complaints and federal fair-housing claims, even without a source-of-income statute.
See how Albuquerque's source-of-income discrimination rules stack up against other locations.
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