NM Fair Housing Laws

by Ashley Drake Gephart on February 19, 2009

Equal Housing Opportunity logoThere has been alot of talk recently regarding news that New Mexico’s State Senate Judiciary Committee has voted 6-5 to advance the Domestic Partner Rights and Responsibilities Act to the Senate without recommendation whether it be approved or rejected. Only time will tell how that will end up. But for now, New Mexico has some of the most inclusive housing protection. Let’s look at the related section of a purchase agreement that is used by REALTORS® in NM.

Paragraph 28 of the NM Purchase Agreement: Fair Housing

Seller and Buyer understand that the Fair Housing Act and the New Mexico Human Rights Act prohibit discrimination in the sale or financing of housing on the basis of race, age, color, religion, sex, sexual orientation, gender identity, familial status, spousal affiliation, physical or mental handicap, serious medical condition, national origin or ancestry.

Federally protected classes:

  • Age
  • Race
  • Color
  • National Origin
  • Religion
  • Sex
  • Family Status
  • Disability

The NM Human Rights Act adds:

  • Ancestry
  • Sexual Orientation
  • Gender Identity
  • Spousal Affiliation
  • Physical or Mental Handicap
  • Serious Medical Condition

As of 2006, only eight states prohibit housing discrimination based on gender identity or expression; NM is included. Gender identity is how one personally identifies their gender regardless of their physical or sexual characteristics.

Some examples of discrimination would include:

  • Refusal to sell
  • Refusal to negotiate the sale
  • Providing different terms or conditions

The only exception to the age provision is adult-only communities.

So, we might not be there yet in regards to Domestic Partner Rights but, thankfully, we are further ahead on housing protection than most states.

Photo Credit:  Equal Housing Opportunity logo provided by HUD.gov.

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Ashley Drake Gephart
Associate Broker, REALTOR®
Prudential Sandia Real Estate
Best: 505.261.0389 Office: 505.797.5555
6739 Academy Rd NE Ste 200 Albuquerque NM 87109
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