All Roll Calls
Yes: 79 • No: 23
New MexicoSB 2672025 Regular SessionSenateWALLET
HOUSING APPLICATION FEES
Sponsored By: Carrie Hamblen (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 4 benefits, 0 costs, 0 mixed.
Rental screening fees capped at $50
New Mexico rental owners can charge a one-time screening fee of no more than $50, with no other application-processing fees. The fee covers applicant information, such as credit reports, reference checks, or screening services. Applicants must receive written or digital notice, agree in writing to pay, and receive a written or digital receipt. Owners cannot charge if they know or should know the unit is unavailable now or when residency begins. Owners must wait to deposit cash or checks, or hold credit-card funds, until earlier applicants are rejected or decline the unit. Owners cannot charge the same applicant again for properties under the same ownership if screening was completed within 90 calendar days of the application date.
Renters get limits on ongoing fees
When rent is unpaid as agreed, late fees must be allowed by the rental agreement. They cannot exceed 5% of rent for each rental period in default, excluding deposits, other fees, and utilities. Owners must give late-fee notice by the last day of the next rental period after the default. Written notice of an agreement-based fee increase is due at least 60 days before the periodic rental date or fixed-term end. For periodic tenancies shorter than one month, notice is due one rental period before the first higher fee payment. The notice rule does not cap the fee increase.
Renters get upfront rental cost disclosures
New Mexico rental listings must show all rental-agreement costs in plain language, including base rent and itemized charges during residency. Owners are not liable under the rental law when a third-party website fails to show costs they provided. Charging unlawful applicant fees is an unfair or deceptive trade practice. This includes applicant fees other than allowed screening fees or deposits, and fees missing from listings or rental agreements, as applicable under rental law. These protections do not guarantee an automatic refund or payment.
Screening refunds and reports for renters
Owners must return screening fees within 30 calendar days if an earlier applicant accepts the unit. Refunds are also required if owners do not obtain applicant information through a credit report, reference check, or screening service, or do not process the application. Owners must send refunds by certified mail, make them available for pickup, or destroy the applicant's check upon request. Applicants must also receive a copy of any report the owner uses to screen them.
Sponsors & Cosponsors
Sponsor
Carrie Hamblen
Democratic • Senate
Cosponsors
Heather Berghmans
Democratic • Senate
Leo Jaramillo
Democratic • Senate
Linda M. Trujillo
Democratic • Senate
Marianna Anaya
Democratic • House
Roll Call Votes
House vote • 3/20/2025
Final House Vote
Yes: 42 • No: 21
Senate vote • 3/12/2025
Final Senate Vote
Yes: 37 • No: 2
Actions Timeline
Signed by Governor - Chapter 122 - Apr. 8
4/8/2025SenatePassed in the House of Representatives - Y:42 N:21
3/20/2025HouseHJC: Reported by committee with Do Pass recommendation
3/20/2025HouseSent to HJC - Referrals: HJC
3/13/2025SenatePassed in the Senate - Y:37 N:2
3/12/2025SenateSJC: Reported by committee with Do Not Pass but with a Do Pass recommendation on Committee Substitution
3/8/2025SenateSTBTC: Reported by committee without a recommendation
2/14/2025SenateSent to STBTC - Referrals: STBTC/SJC
2/3/2025Senate
Bill Text
Final Version
4/9/2025
HJC Committee Report 3/20/25
3/20/2025
SJC Committee Report 3/08/25
3/8/2025
SJC Committee Substitute 3/08/25
3/8/2025
STBTC Committee Report 2/14/25
2/14/2025
Introduced
2/3/2025