N.M. Stat. Ann. § 11-3A-13
Sales, rentals and tenant selection.
Operative Text
11-3A-13. Sales, rentals and tenant selection.
A. In the operation or management of housing projects or the sale of any property
pursuant to the Regional Housing Law, a regional housing authority shall:
(1) rent, lease or sell the dwelling accommodations in the housing project only
to persons falling within the standards adopted by the regional housing authority, which
standards shall comply with state and federal law;
(2) rent, lease or sell to a person dwelling accommodations consisting of the
number of rooms, but no greater number, that it deems necessary to provide safe and
sanitary accommodations to the proposed occupants without overcrowding; and
(3) reject any person as a tenant in any federally subsidized housing project if
the person has an annual gross income in excess of federally established standards.
B. Nothing contained in this section or Section 11-3A-12 NMSA 1978 shall be
construed as limiting the power of a regional housing authority to vest in an obligee the
right, in the event of a default by the regional housing authority, to take possession and
operate a housing project or cause the appointment of a receiver for the housing
project, free from all the restrictions imposed by this section or Section 11-3A-12 NMSA
1978.
History: Laws 1994, ch. 132, § 13; 1995, ch. 191, § 12; 2009, ch. 48, § 11.NMSA 11-3A-13 governs how a regional housing authority in New Mexico may rent, lease, or sell dwelling units within its housing projects. The authority must apply its own eligibility standards—which must conform to state and federal law—limit unit size to what is genuinely needed to avoid overcrowding, and exclude applicants from federally subsidized projects whose income exceeds federally set limits. The section also clarifies that these restrictions do not prevent a creditor from taking over or appointing a receiver for a housing project if the authority defaults on an obligation.
Plain English — not legal advice.
Regional housing authorities operating under NMSA 11-3A-13 generally maintain written eligibility standards that align with both state and federal requirements, and apply those standards consistently when screening applicants. Compliant operators match unit size to household need rather than assigning larger accommodations than necessary, and they verify income against federally established thresholds before placing any household in a federally subsidized unit. Authorities also ensure that financing agreements can accommodate the creditor-rights carve-out described in subsection B without conflicting with the tenant-selection rules in subsection A.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under NMSA 11-3A-13, applicants and residents of a regional housing authority's projects have the right to be evaluated under eligibility standards that must comply with state and federal law, meaning arbitrary or unlawful criteria are not permitted. If a household believes it was denied housing or assigned an inappropriate unit size in a way that conflicts with this provision, general enforcement paths include filing a complaint with the regional housing authority itself, contacting the New Mexico State Housing Authority, or reaching out to a local tenant-rights or fair-housing organization. Households in federally subsidized projects may also have recourse through federal fair housing channels, including the U.S. Department of Housing and Urban Development, if they believe the income-screening process was applied improperly.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 26, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References In
Rules and statutes that cite this regulation