Summary:

 House Bill 339 (HB 339) amends the Human Rights Act (Act) by providing that housing discrimination based on a housing applicant's source of income, including the use of an invalid screening process, is an unlawful discriminatory practice according to the Act; and provides for enforcement by the Attorney General for certain discriminatory practices related to housing. 

Legislation Overview:

 House Bill 339 (HB 339) amends Section 28-1-2 NMSA 1978 to state that housing discrimination based on the following is an unlawful discriminatory practice according to the Human Rights Act (Act):

"source of income," meaning any lawful and verifiable source of money, funds, payments or other monetary consideration, including: 

(1) income from a lawful profession, occupation or job; 
(2) social security benefits; 
(3) pension, annuity, alimony or child support income; or 
(4) any form of federal, state or local government or nonprofit organization assistance or housing assistance, including vouchers paid directly to a housing provider. 

Use of an invalid screening process is prohibited, meaning a screening process used to determine the sufficiency of income or assets of an individual or a housing applicant that: 

(1) fails to include all of the individual's or the housing applicant's sources of income; or 
(2) fails to limit the calculation of an applicant's income requirement to the remaining ratio of income to housing payment due after income from federal, state, local or tribal housing assistance has been subtracted from the total amount of the housing payment.

A new section of the Human Rights Act is enacted, including prohibitions on discrimination based on income source and invalid screening processes, and provides for enforcement by the Attorney General for certain discriminatory practices related to housing.




 

Current Law:

 Sections Section 28-1-2 NMSA 1978 , 28-1-7 NMSA 1978 and 28-1-10 NMSA 1978 do not include prohibitions regarding source of income and do not reference invalid screening practices. 

Amendments:

 Amended February 18, 2025 in HCPAC

HCPACa/HB 339: The House Consumer and Public Affairs Committee makes the following changes to House Bill 339:

1. On page 20, line 7, strike the second instance of "PUBLIC". 
2. On page 26, line 7, strike "public".