Summary:

 House Bill 114 (HB 114) prohibits the submission of a deed or other document to the Office of the County Clerk that includes a discriminatory restrictive covenant or gender-specific language; declares void unlawful discriminatory restrictive covenants, restrictions and conditions from affecting the transfer of real property; and provides that a deed or other instrument of writing may include a statement that a discriminatory restrictive covenant is void and against public policy. 

Legislation Overview:

 In House Bill 114 (HB 114) Section 28-1-7 NMSA 1978 is amended to add that it is discriminatory practice for any person to submit a deed or other instrument of writing to the Office of the County Clerk for recording with an attached restrictive covenant, the intent or effect of which is to restrict ownership, residency or use of real property because of race, religion, color, national origin, ancestry, sex, sexual orientation, gender identity, pregnancy, childbirth or condition related to pregnancy or childbirth, spousal affiliation, physical or mental disability or military status.

A new section of Chapter 47, Article 1 NMSA 1978 is enacted to read: 

•	Any covenant attached to real property that contains language with the intent or effect to restrict ownership, residency or use of real property because of a person's race, religion, national origin or any other class that is protected by the Human Rights Act is void as against public policy. 

•	No deed or other instrument of writing relating to real property may use gender-specific language when referring to grantors or grantees. 

•	No deed or other instrument of writing may be submitted to be recorded in the property records of the County Clerk that contains a covenant or language that discriminates according to the above-mentioned factors. 

•	A County Clerk may reject an instrument of writing submitted to be recorded if it contains a covenant or language that meets discriminates according to the above-mentioned factors.

•	 When preparing a deed or other instrument of writing to be recorded in the Office of the County Clerk, a title company, an attorney or any other person shall remove a covenant including discriminatory language based on the above-mentioned factors from the description of real property. A deed or other instrument of writing may contain the following disclaimer to comply with this section: "It is the policy of the state of New Mexico that there be no discrimination in the ownership, residency or use of real property. Any covenants that would restrict such ownership in violation of state or federal law is hereby void as against public policy. Any person with an ownership or financial interest in real property may, at any time, re-record the deed to such property so that the deed conforms with the requirements of this section.



 

Current Law:

 
The current law does not include the requirements/prohibitions related to submission of a deed or other document to the County Clerk, nor does it include the new prohibitions, requirements or allowances included in the new section of Chapter 47, Article 1 NMSA 1978. 

Amendments:

 Amended February 21, 2025 in HGEIC

HGEICa/HB 114: The Government, Elections and Indian Affairs Committee amendment to House Bill 114 makes the following changes:
1. On page 1, strike line 14 up to the semicolon. 
2. On page 1, line 15, after the semicolon, strike the remainder of the line, strike lines 16 and 17 and strike line 18 up to "PROVIDING". 
3. On page 6, lines 19 and 20, strike "with an attached" and insert in lieu thereof "that includes a new". 
4. On page 9, strike lines 23 through 25. 
5. Reletter the succeeding subsections accordingly. 
6. On page 10, line 4, strike "or B".
7. On page 10, line 7, strike "or B". 
8. On page 10, line 8, after the period, strike the remainder of the line, strike lines 9 through 11 and strike line 12 through the period. 
9. On page 10, strike lines 20 through 22 and strike line 23 through the period.