N.M. Stat. Ann. § 47-8-19.3
Background checks.
Operative Text
47-8-19.3. Background checks. A. An owner may require a background check of an applicant before entering a rental agreement. An owner shall not charge more than one screening fee to the same applicant if the screening was completed within ninety calendar days of the application date for any properties under the same ownership. B. An owner shall provide the applicant with a copy of any reports used to screen the applicant. History: Laws 2025, ch. 122, § 4.
Under NMSA 47-8-19.3, a property owner is permitted to run a background check on a rental applicant before a lease is signed. However, the owner may not charge more than one screening fee to the same applicant if a screening was already completed within the prior ninety calendar days for any property under the same ownership. Additionally, the owner must give the applicant a copy of any reports used in the screening process.
Plain English — not legal advice.
Under NMSA 47-8-19.3, compliant operators generally limit screening fees to one charge per applicant across all properties they own when a prior screening was completed within ninety calendar days of the new application date. Operators also maintain a practice of providing applicants with copies of all reports — such as credit or criminal background reports — used in the screening decision. Keeping records of screening dates and fee charges across a portfolio helps demonstrate compliance with the ninety-day lookback requirement.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
NMSA 47-8-19.3 gives applicants the right to receive copies of any reports an owner used to screen them, which can be useful for identifying errors in background or credit data. If you applied to multiple properties under the same ownership within a ninety-day window, the law limits the owner to a single screening fee for that period. Tenants who believe a fee was improperly charged or that reports were withheld may consider contacting a local tenant-rights organization or the New Mexico courts for guidance on available remedies.
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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