Committee backs 'do pass' for bill banning rental discrimination by source of income

A House Consumer & Public Affairs Committee gave House Bill 339 a “do pass” recommendation after testimony from housing and victim-service advocates and lengthy questions from committee members about enforcement and how vouchers work.

Supporters told the committee the bill would expand housing access for voucher holders and other renters who rely on nonwage income. “Santa Fe County strongly supports this bill,” an on‑site commenter said. Diane McCash told the committee, “access to safe housing should be a basic human right,” and argued that excluding people because of their source of income raises homelessness rates. Alexandria Taylor, executive director of the New Mexico Coalition of Sexual Assault Programs, said secure housing is “one of the greatest protective factors” against violence and described survivors’ difficulty finding landlords who accept housing assistance.

The bill would add “source of income” protections to the Human Rights Act to prevent landlords from denying applicants solely because their rent payment comes from alimony, Social Security, nonprofit assistance, Section 8 or other voucher programs. Elizabeth Aliyah, introduced as a co‑founder of the New Mexico Center for Housing Law, told members the language covers federal voucher programs such as Section 8 and VASH and other supportive‑housing vouchers.

Committee members focused much of their questioning on enforcement and evidence. Committee members asked how a landlord could defend against a complaint and who would investigate alleged discrimination. The sponsor and experts responded that the amendment grants the attorney general's office and the New Mexico Department of Justice authority to enforce housing and public‑accommodations provisions of the Human Rights Act and that an aggrieved applicant would file a complaint for investigation. “It’s the burden of the person filing the complaint to establish that the violation has occurred,” an expert said, describing the AG’s investigatory role.

Members also probed operational questions: whether nonprofit assistance must be labeled on applicants’ paperwork, whether vouchers count toward rental insurance or other costs, and how voucher program mechanics affect screening. An expert explained that Section 8 voucher holders typically pay 30% of income toward rent and the voucher covers the remainder; HUD reporting shows many voucher holders cannot find units in the required time window, the expert said.

After discussion, a committee member moved a do‑pass recommendation for House Bill 339 as amended. On roll call the committee recorded a 4–2 vote in favor (Romero, Thompson, the vice chair and the chair voting yes; Locke and Lord voting no). The committee reported the bill out with a do‑pass recommendation.

The committee’s action sends the bill forward with a recommendation, but the transcript shows remaining questions about proof standards, the practical burdens on small landlords and how the AG’s office will prioritize complaints. The bill text as amended also reorganizes Human Rights Act language; a sponsor noted some language was moved to 28‑1‑7.3 for clarity.

Votes at a glance House Bill 339 (as amended): Motion — committee do pass recommendation. Vote: yes 4, no 2. Outcome: do pass (reported out of committee).