N.M. Stat. Ann. § 28-1-13
Appeal.
Operative Text
28-1-13. Appeal.
A. A person aggrieved by an order of the commission may obtain a trial de novo by
filing a notice of appeal in the district court of the county where the discriminatory
practice occurred or where the respondent does business. The notice of appeal must be
filed within ninety days from the date of service of the commission's order. A copy of the
notice of appeal shall be served personally or by certified mail, return receipt requested,
on all parties who appeared before the commission at their last known addresses. A
copy of the notice of appeal shall also be served at the division in Santa Fe. An order of
the commission shall not be superseded or stayed during the appeal unless the district
court so directs after notice to the commission and a hearing.
B. If testimony at the hearing was transcribed, the division shall, upon receipt of the
notice of appeal, file so much of the transcript of the record as the parties requesting the
transcript designate as necessary for the appeal with the district court.
C. Upon appeal, either party may request a jury. The jurisdiction of the district court
is exclusive and its judgment is final, subject to further appeal to the court of appeals.
D. If the complainant prevails in an action or proceeding under this section, the court
in its discretion may allow actual damages and reasonable attorney fees, and the state
shall be liable the same as a private person.
History: 1953 Comp., § 4-33-12, enacted by Laws 1969, ch. 196, § 12; 1975, ch. 248, §
2; 1983, ch. 241, § 5; 1987, ch. 342, § 24; 2005, ch. 309, § 1; 2005, ch. 311, § 2.Section 28-1-13 of New Mexico's Human Rights Act establishes the process for appealing a Human Rights Commission order. A person who disagrees with the commission's ruling may seek a completely fresh hearing — a trial de novo — in the district court of the county where the alleged discrimination occurred or where the respondent operates, provided the appeal is filed within ninety days of the commission's order being served. Either side may request a jury at the district court level, and that court's judgment is final unless further appealed to the Court of Appeals. If the person who filed the original complaint ultimately prevails, the court has discretion to award actual damages and reasonable attorney fees.
Plain English — not legal advice.
Under NMSA 28-1-13, a respondent — which may include a property owner or manager — has the right to participate in any district court appeal of a Human Rights Commission order. Compliant operators generally keep accurate records of their last known contact information on file with the commission, since proper service of appeal notices depends on those addresses. Because a commission order remains in effect during an appeal unless the district court specifically directs otherwise, operators typically account for ongoing compliance obligations while any appeal is pending.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 28-1-13 gives a complainant who prevails on appeal the potential to recover actual damages and reasonable attorney fees, which can be meaningful tools in a housing discrimination case. If a commission order has been issued and either party wishes to challenge it, the ninety-day window for filing a notice of appeal in district court is a firm deadline worth tracking carefully. Tenants navigating this process may find it helpful to consult a tenant-rights organization or legal aid office familiar with New Mexico's Human Rights Act to understand the available options at the appellate stage.
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.
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