Office of Affordable Housing

City of Santa Fe – Source of Income Discrimination

Source of Income Discrimination is Illegal in Santa Fe.
If someone told you “No vouchers,” that’s discrimination under City law. Report it in minutes — anonymous if you need.


Effective August 1, 2025: Santa Fe law protects all lawful, verifiable sources of income — wages, Social Security, child support, pensions, Housing Choice Vouchers (Section 8), and other rental assistance — from housing discrimination.

(Ord. 2024-5; SFCC 1987, §26-4.8(A)–(B), §26-4.9)
 

Your Rights in Santa Fe
Landlords cannot:
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  • Refuse to rent, show, or negotiate once you mention a voucher or other lawful income. (§26-4.8(A))
  • Say or post “No Section 8 / No vouchers.” (§26-4.9)
  • Impose higher deposits, extra fees, or shorter leases based on income source. (§26-4.8(B))
  • Misrepresent availability (“not available”) when it is. (§26-4.10)
  • Apply income standards to full rent instead of just the tenant’s share. (§26-4.8(C))
Retaliation Is Illegal
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  • Anonymous tip: only used for trend tracking, no landlord contact.
  • Formal complaint: City reviews safety before contacting landlord, and only proceeds with your consent. (§26-4.16(A)(4))
  • Mobile/manufactured homes and lots count as dwellings when used as residences. (§26-4.3(B))
 
For Landlords & Property Managers
What to Expect if Inspected or Reported
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  • OAH must complete inspections within 5 business days of notice.
  • If delayed and you made a good-faith effort to schedule, you may rent to another applicant. (§26-4.4(C))
  • Good faith effort = promptly contacting OAH, granting access, cooperating with re-inspection requests.
If a Complaint Is Filed
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  • The City first seeks conciliation (informal resolution).
  • If conciliation fails, the City may file in Municipal Court.
  • Penalties: Up to $500 per violation, per day, and possible jail. (§26-4.17(B))
Benefits of Accepting Vouchers
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  • Guaranteed portion of rent (paid directly).
  • Regular inspections help maintain property standards.
  • Verified tenant income/program oversight.
  • Reduced vacancies and steady rent flow.

Report Discrimination

File a Complaint
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Fill out the online form to submit an anonymous tip or a formal complaint regarding source of income discrimination. Your information is secure and confidential.

File a Complaint

Two Ways to File
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  • Anonymous Tip: Trend tracking only; City does not contact landlord. Optional email for receipt.
  • Formal Complaint: Requires name and consent. City reviews safety before any landlord contact. May lead to conciliation, enforcement, or referral to HUD/HRB.
  • Prefer not to use the form? Call or email the Office of Affordable Housing for help starting the process.
What Happens Next
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  • Intake: Office of Affordable Housing (primary) & City Attorney (notified).
  • Jurisdiction check: If outside City limits or not housing-related, referral to HUD/HRB.
  • Conciliation first: City seeks voluntary resolution. (§26-4.16(A)(6))
  • Referral: HUD (1-800-669-9777) or HRB (1-800-566-9471).
  • Enforcement: If conciliation fails, City may file in Municipal Court. Penalties: fines up to $500/day and possible jail. (§26-4.17(B))

FAQs

What is “source of income”?
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Any lawful, verifiable money used for rent — wages, Social Security, child support, pensions, or housing assistance like vouchers. (Ord. 2024-5; SFCC 1987, §26-4.3(H))
Do these protections already apply?
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Yes. Effective August 1, 2025. (Ord. 2024-5; SFCC 1987, §26-4.20)
Are there exemptions?
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Limited exemptions for single-family and some owner-occupied buildings if strict conditions are met. No exemption if discriminatory advertising was used. (§26-4.4(A)(1)(b)(ii))
Is slow maintenance discrimination?
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Yes, if repairs/services are slower or denied because of vouchers or other lawful sources of income. (§26-4.8(B))
Will the City tell my landlord I complained?
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Anonymous tip: No landlord contact. Formal complaint: Yes, but only with your consent and after a safety review. (§26-4.16(A)(4))
What about federal or state help?
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If your case involves race, color, national origin, religion, sex, familial status, or disability, file with HUD or NM HRB as well. The City enforces only source of income discrimination but will coordinate with HUD/HRB when appropriate.