Housing assistance in New Mexico

Where to apply for rental assistance and vouchers

Section 8 vouchers and public housing are run by local public housing agencies (PHAs). Each keeps its own waiting list, so apply to every agency serving places you could live. The state housing finance agency funds affordable apartments and homebuyer programs but usually does not take voucher applications.

Ask each agency: Is the waiting list open? How do I apply, and how will you contact me? Never pay to apply or to move up a list. See how to apply for Section 8 and how waiting lists work.

Programs and free legal help in New Mexico

No statewide emergency rent program? Most rent help is local. Call 211 and ask which county, charity, or community action programs are taking applications now. See emergency rental assistance.

Key tenant laws in New Mexico

Statewide rules for most private rentals. Cities, counties, subsidized housing, and your lease can add protections, and some rules have exceptions. Read the linked law before relying on a deadline.

Security deposit limit

If the lease is shorter than one year, the deposit can be no more than one month's rent. With an annual lease the landlord may collect more than one month's rent, but must then pay the tenant interest on the deposit each year.

NMSA 1978, § 47-8-18(A)

Deposit return deadline

Within 30 days after the rental agreement ends or the tenant moves out, whichever is later, the landlord must give the tenant an itemized written list of deductions and any balance owed (mailing it to the last known address counts). Deductions for normal wear and tear are not allowed. A landlord who misses the deadline loses the right to keep any of the deposit and owes court costs and attorney fees. Keeping a deposit in bad faith adds a $250 civil penalty.

NMSA 1978, § 47-8-18(C)-(E)

Notice before an eviction for unpaid rent

3 days' written notice of nonpayment and of the landlord's intent to end the rental agreement. Paying the full amount due within the 3 days, in the way the notice states, bars an eviction for nonpayment. A 2025 bill to extend this to 10 days (HB 462) did not pass.

NMSA 1978, § 47-8-33(D)

Landlord entry notice

24 hours' written notice stating the purpose of entry, the date and an estimated time frame, unless the landlord and tenant agree otherwise. No notice is needed in an emergency, for repairs within 7 days of the tenant's request, or when the landlord is with a public inspector or a utility representative.

NMSA 1978, § 47-8-24

Rent increases and rent control

State law preempts local rent control. No county or home-rule city may control rents on privately owned property. Housing that receives government funding to keep rents low is excepted.

NMSA 1978, § 47-8A-1

If the landlord won’t make repairs

The tenant must first give the landlord written notice of the conditions that need repair. If the landlord does not fix them within 7 days, the tenant may abate (reduce) rent by one-third of the daily rent for each day the problem continues, or by 100% if the unit is uninhabitable and the tenant does not live there. For a material breach affecting health and safety, the tenant may instead end the lease on at least 7 days' written notice if the landlord does not try to fix it.

NMSA 1978, §§ 47-8-27.1, 47-8-27.2

This is general information, not legal advice. If you have a notice or court papers, contact legal aid right away. See facing eviction, security deposit rights, and repairs and habitability.

Phone lines that serve New Mexico

• Shelter, rent help, and local services211
• HUD-approved housing counseling800-569-4287
• Housing discrimination complaints (HUD)800-669-9777
• Energy assistance referral (LIHEAP)866-674-6327
• Veterans at risk of homelessness877-424-3838
• Domestic violence hotline800-799-7233

More local contacts: HUD’s New Mexico resource page.

Next steps

1. Urgent? If you need shelter tonight or have an eviction court date, start with urgent housing help.
2. Behind on rent: call 211 and apply to several programs at once. Use our payment plan letter to propose terms to your landlord in writing.
3. Long-term help: apply to every housing agency above, plus income-restricted apartments. Gather your documents first.
4. Check affordability: use the rent affordability calculator or the Section 8 rent calculator.

Sources

Checked October 10, 2026. Laws, programs, and agency websites change; confirm details with the agency or court before relying on them. Report a correction.

1. NMSA 1978, Chapter 47 Property Law (incl. §§ 47-8-18, 47-8-24, 47-8-27.1, 47-8-27.2, 47-8-33, 47-8A-1)New Mexico Compilation Commission (NMOneSource)
2. 2025 Regular Session - HB 462 Nonpayment of Rent Notice Period (status: died)New Mexico Legislature
3. Low Income Home Energy Assistance ProgramNew Mexico Health Care Authority
4. New Mexico Legal AidNew Mexico Legal Aid
5. Housing LawNew Mexico Legal Aid
6. Law Help New MexicoNew Mexico Legal Aid
7. Housing New Mexico's Energy$mart Weatherization ProgramHousing New Mexico | MFA
8. PHA Contact Information – New MexicoU.S. Department of Housing and Urban Development
9. Albuquerque Housing AuthorityAlbuquerque Housing Authority
10. Housing DepartmentBernalillo County
11. Mesilla Valley Public Housing AuthorityMesilla Valley Public Housing Authority