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HOUSE BILL 43
57
TH LEGISLATURE
-
STATE
OF
NEW
MEXICO
-
FIRST SESSION
,
2025
INTRODUCED BY
Kathleen Cates
AN ACT
RELATING TO HOUSING; REQUIRING OWNERS TO LIMIT INCOME SCREENING
CALCULATIONS TO THE REMAINING RATIO OF INCOME TO RENT PAYMENT
AFTER INCOME FROM FEDERAL, STATE, LOCAL OR TRIBAL HOUSING
ASSISTANCE IS SUBTRACTED FROM THE TOTAL AMOUNT OF THE RENT
PAYMENT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. A new section of the Uniform Owner-Resident
Relations Act is enacted to read:
"[NEW MATERIAL] RENTAL DWELLING UNIT APPLICANT INCOME
SCREENING.--
A. As used in this section:
(1) "applicant" means a person who makes a
request to an owner to rent a dwelling unit and a person who
agrees to act as a guarantor or cosigner on a rental agreement;
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and
(2) "income screening" means an evaluation
that calculates, examines and validates an applicant's income
and ability to reliably make payments of rent to the owner.
B. An income screening of an applicant performed by
an owner or the owner's agent shall:
(1) be limited to a calculation of the
remaining ratio of income to rent-payment-due after income from
federal, state, local or tribal housing assistance has been
subtracted from the total amount of the rent payment; and
(2) include as a source of income money
derived from a lawful profession, occupation or job; pension;
annuity; alimony; child support; or any other recurring, lawful
and verifiable monetary consideration; provided that the
applicant is able to provide documentation of the income that
is used for screening purposes, including information on the
length of time for which the applicant is qualified to receive
the income."
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