Step 1
Answer the free screening; no card is needed. It covers where you rent or plan to rent, which animal you live with, and how it helps you. Nothing is decided at this stage. The answers only show whether booking a consultation is worthwhile.
New Mexico · NM
ESA letter New Mexico: a New Mexico-licensed clinician and what state law actually covers
Yes. New Mexico has no ESA statute and sets no waiting period or letter format. A clinician who evaluates you by telehealth must hold a New Mexico licence. The Human Rights Act bars refusing to rent because of a disability but has no accommodation clause, so your request rests on the federal Fair Housing Act. No state law bans pet fees. If you qualify, the signed PDF usually arrives within 24 to 48 hours. Cost: $99.
2years
to sue under the federal Fair Housing Act, the main route here for an untrained ESA
42 U.S.C. § 3613(a)(1)(A)300days
to file with the Human Rights Bureau, which is not a HUD partner agency
NMSA 1978, § 28-1-10(A)1month's rent
cap on every deposit together, a pet deposit included, on a lease shorter than a year
NMSA 1978, § 47-8-18(A)(2)30days
for the landlord to return your deposit with an itemised list of deductions
NMSA 1978, § 47-8-18(C)New Mexico, with the capital marked
New Mexico at a glance
The 7 things a renter in New Mexico needs to know.
Each answer is one line, with the section of New Mexico law it comes from. The detail is further down the page.
- 01
Does New Mexico have an emotional support animal law?
No. The one statute that names ESAs, the Service Animal Act, names them only to shut them out. Its definition says a "qualified service animal" "does not include a pet, an emotional support animal, a comfort animal or a therapy animal". No ESA bill was introduced from 2019 to 2026. A housing request for an ESA therefore runs through the federal Fair Housing Act.
NMSA 1978, § 28-11-2(A)–(B) - 02
Does the Human Rights Act make my landlord accommodate my ESA?
Not in its own words. Its housing section (§ 28-1-7(G)) bars refusing to rent, or setting worse terms, because of a "physical or mental disability". It has no reasonable-accommodation clause for housing; the Act defines that phrase only for jobs (§ 28-1-2(V)). Whether the Bureau would treat a refused ESA as worse "terms, conditions or privileges" is untested. So the accommodation right you lean on is federal.
NMSA 1978, §§ 28-1-2(V), 28-1-7(G) - 03
Is there a 30-day wait or a session rule before a letter?
No. No state statute or rule sets a relationship length, a session count, an in-person visit, a letter format or an expiry date. Telehealth has to meet the same supervision standard as in-person care, and one live evaluation can be enough if the clinician finds you qualify. A "valid for 12 months" line is a vendor habit, not state law.
NMSA 1978, § 24-25-5(A), (C) - 04
Who can evaluate me by telehealth for a New Mexico letter?
A clinician who holds a New Mexico licence. The psychology, counselling and social-work practice acts each forbid unlicensed practice. The psychology board adds that a state licence is needed for telehealth with anyone physically in the state. No compact opens another door yet. The state is outside PSYPACT and the Counseling Compact, and the Social Work Compact it joined in 2026 is not yet issuing multistate licences.
NMSA 1978, §§ 24-25-3(A), 61-9-4.1, 61-9A-4, 61-31-4 - 05
Can my landlord charge a pet deposit or pet rent for my ESA?
State law does not forbid it, and HUD's no-fee guidance has been withdrawn. Ask for a waiver as part of your accommodation request. On a lease under one year, every deposit together, a refundable pet deposit included, is capped at one month's rent. Since 20 June 2025, each fee must also be itemised in the published listing (§ 47-8-19.1).
NMSA 1978, §§ 47-8-18(A)(2), 47-8-19.1 - 06
Where do I complain, and how long do I have?
The Human Rights Bureau takes complaints for 300 days after the act. It is not a HUD partner agency, so a Bureau filing is not a HUD filing; HUD has its own one-year window. Inside Albuquerque city limits, the Office of Civil Rights gives you 90 days. A private suit under the federal Fair Housing Act stays open for two years.
NMSA 1978, § 28-1-10(A); 42 U.S.C. § 3613(a)(1)(A) - 07
Is faking an ESA a crime with a 1,000-dollar fine?
There is no ESA offence. The misdemeanour is knowingly presenting an animal as a "qualified service animal" when it does not meet the definition. Punishment follows the general misdemeanour statute: county jail for less than one year, a fine of not more than 1,000 dollars, or both (§ 31-19-1(A)). That figure is a ceiling, and it is not an ESA fine.
NMSA 1978, §§ 28-11-6, 31-19-1(A)
New Mexico law
New Mexico has no ESA statute, so your housing request rests on the federal Fair Housing Act
New Mexico has no emotional support animal statute. The one law that names these animals, the Service Animal Act, mentions them only to exclude them from "qualified service animal" (NMSA 1978, § 28-11-2(A)–(B)). Housing protection comes from the Human Rights Act, which makes it unlawful to refuse to rent, or to set worse terms, because of a "physical or mental disability" (NMSA 1978, § 28-1-7(G)(1)–(2)). That housing section has no reasonable-accommodation clause; the Act defines the phrase only for employment (NMSA 1978, § 28-1-2(V); 9.1.1.7(X) NMAC). A request to keep an ESA despite a no-pets rule is therefore made under the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204). Your landlord must consider it and may refuse only on a ground the law allows, such as a direct threat, an undue burden or no shown disability-related need. The state statute adds a proviso: the disability must be unrelated to your ability to rent and maintain the home (NMSA 1978, § 28-1-7(G)). No state rule sets a waiting period, a letter format or an expiry date. You can file with the Human Rights Bureau within 300 days (NMSA 1978, § 28-1-10(A)) or sue under the federal Act within two years (42 U.S.C. § 3613(a)(1)(A)).
Source: NMSA 1978, § 28-1-7(G) (New Mexico Human Rights Act) and 42 U.S.C. § 3604(f)(3)(B). This is general information, not legal advice.
ComplaintsNew Mexico Human Rights Bureau, Department of Workforce Solutions · (505) 827-6838, toll-free in the state 1-800-566-9471 · 300 days from the act (NMSA 1978, § 28-1-10(A)); not a HUD partner agency; inside Albuquerque, the Office of Civil Rights on 505-768-3138 within 90 days (Albuquerque Code of Ordinances § 11-3-8)PenaltyNo state offence covers a false ESA claim; knowingly presenting an animal as a qualified service animal when it is not one is a misdemeanour punishable by county jail for less than one year, a fine of not more than 1,000 dollars, or both (NMSA 1978, §§ 28-11-6, 31-19-1(A))
The federal Fair Housing Act still recognises the accommodation, and you can still enforce it in court. Since May 2026, HUD itself has stopped pursuing complaints about untrained emotional support animals, and New Mexico's own law has no accommodation clause, so in practice your main protection is a private Fair Housing Act case, with the New Mexico Human Rights Bureau as a state option.
“discriminate against any person in the terms, conditions or privileges of the sale, rental, assignment, lease or sublease of any housing accommodation”
Federal vs New Mexico
Where the federal Fair Housing Act stops and New Mexico law takes over.
| Topic | Federal (Fair Housing Act) | New Mexico |
|---|---|---|
| Fees and deposits | No fee rule appears in the statute or in HUD's regulation, 24 C.F.R. § 100.204. HUD pulled its no-fee guidance in September 2025, so a waiver is something you ask for inside the accommodation request. | No ESA fee rule. On a lease under one year, deposits together, a pet deposit included, may not exceed one month's rent (NMSA 1978, § 47-8-18(A)(2)). Every fee must be itemised in the listing (NMSA 1978, § 47-8-19.1). |
| Documentation | The accommodation must be one that may be necessary for equal use of the home (42 U.S.C. § 3604(f)(3)(B)). The statute prescribes no letter. | No state documentation rule, letter wording, validity period or list of questions (nothing in NMSA 1978, § 28-1-7 or 9.1.1 NMAC). The state test looks at whether you can meet "the obligations of occupancy" (9.1.1.7(W) NMAC). |
| Timing | No federal waiting period and no deadline for the landlord's reply. | No waiting period, 30-day relationship, session count or reply deadline (NMSA 1978, § 28-1-7). Telehealth must meet the in-person supervision standard (NMSA 1978, § 24-25-5(C)). |
| Who may write | The Act is silent on who writes the letter. | No ESA rule names a writer. Evaluating someone in the state by telehealth takes a New Mexico licence, and no compact route exists today (NMSA 1978, §§ 24-25-3(A), 61-9-4.1, 61-9A-4, 61-31-4). |
| Exemptions | A building of four or fewer units where the owner lives, and a house rented by an owner of three or fewer (42 U.S.C. § 3603(b)). | The Human Rights Act has the same two carve-outs (NMSA 1978, § 28-1-9(A), (D)). Albuquerque's ordinance exempts owner-occupied buildings of up to four units (Albuquerque Code of Ordinances § 11-3-12(B)). |
| Where to file | HUD, which since May 2026 finds cause only where the animal is trained, or a federal or state court. | The Human Rights Bureau (NMSA 1978, § 28-1-2(D)), which is not a HUD partner agency. Inside Albuquerque, the Office of Civil Rights (Albuquerque Code of Ordinances § 11-3-8). Or a court, under the federal Act. |
| Deadline | One year to HUD (42 U.S.C. § 3610(a)(1)(A)(i)); two years to sue (42 U.S.C. § 3613(a)(1)(A)). | 300 days to the Bureau (NMSA 1978, § 28-1-10(A)); 90 days to Albuquerque's office (Albuquerque Code of Ordinances § 11-3-8); 90 days to appeal a Commission order (NMSA 1978, § 28-1-13(A)). |
Swipe sideways to see the whole table.
Your timeline in New Mexico
What actually happens, and when.
No state rule makes you wait for a letter here. There is no relationship minimum, no session count and no in-person visit, so the evaluation sets the pace. The screening is free and asks for no card. You pay at checkout, before the consultation.
Step 2
Meet a clinician licensed in New Mexico in a live consultation by video or phone. Telehealth has to meet the supervision standard of an in-person visit (NMSA 1978, § 24-25-5(C)). The clinician weighs whether an impairment substantially limits a major life activity and whether the animal meets a need linked to it (NMSA 1978, § 28-1-2(O)). Some people do not qualify.
Step 3
If you qualify, the signed PDF usually arrives within 24 to 48 hours of the consultation. It shows the clinician's name, licence type and number, and the evaluation date, so a landlord can check them. State law gives the letter no expiry date. If you do not qualify, request a refund within 7 days.
Housing
What your New Mexico landlord may and may not do.
Under the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)) and New Mexico's own fair-housing law, a housing provider must consider a reasonable-accommodation request for an assistance animal, including where pets are prohibited. Each line below carries the section it comes from.
What they may do
Your landlord may
- Weigh your request on its own facts and ask for reliable information about a need that is not obvious. 42 U.S.C. § 3604(f)(3)(B); 24 C.F.R. § 100.204
- Hold you to ordinary lease duties such as rent, noise and damage; state protection asks whether a disability limits "the obligations of occupancy". NMSA 1978, § 28-1-7(G); 9.1.1.7(W) NMAC
- Keep a pet fee or pet rent that is itemised in the listing and the rental agreement, unless a waiver you request is granted. NMSA 1978, §§ 47-8-19.1, 57-12-27
- Deduct damage beyond normal wear and tear from your deposit, sending an itemised list and the balance within 30 days. NMSA 1978, § 47-8-18(C)
- Claim the Human Rights Act's exemption if the owner lives in a building of up to four units, or rents out a house while owning no more than three. NMSA 1978, § 28-1-9(A), (D)
What they may not do
Your landlord may not
- Refuse to rent to you, or give you worse terms, conditions or services, because of a physical or mental disability. NMSA 1978, § 28-1-7(G)(1)–(2)
- Use an application form, notice or question that signals a preference against tenants with disabilities. NMSA 1978, § 28-1-7(G)(3)
- Collect more than one month's rent in total deposits, a pet deposit included, on a lease shorter than a year. NMSA 1978, § 47-8-18(A)(2)
- Charge you a fee that does not appear in your rental agreement; doing so is an unfair trade practice. NMSA 1978, § 57-12-27
- Raise your rent, cut services or sue for possession because, within the past six months, you complained to a government agency about fair housing. NMSA 1978, § 47-8-39(A)(4)
Illustrative exchange
What a lawful conversation looks like.
Most refusals are not a flat no. They are a question the housing provider is not allowed to ask, or a fee they are not allowed to charge. Here is the shape of a typical exchange in New Mexico, with the rule beside each reply.
A made-up exchange to show the rules, not a real tenant or landlord.
Pet fees and deposits
No New Mexico law bars pet fees, pet rent or a pet deposit for an emotional support animal. The state's no-extra-charge rule covers trained service animals in public places only (NMSA 1978, § 28-11-3(A)(1)). HUD withdrew its no-fee guidance in September 2025. Ask your landlord to waive pet charges as part of the accommodation request; a waiver is a request, not a right. State law still limits what you pay in other ways. On a lease shorter than one year, every deposit together, a refundable pet deposit included, may not exceed one month's rent (NMSA 1978, § 47-8-18(A)(2)). An annual lease has no cap, but a deposit above one month's rent earns yearly interest at the passbook rate (NMSA 1978, § 47-8-18(A)(1)). Since 20 June 2025, every fee charged during a tenancy must be itemised in the published listing (NMSA 1978, § 47-8-19.1). A fee left out of the rental agreement is an unfair trade practice (NMSA 1978, § 57-12-27). Your deposit comes back with an itemised list within 30 days of the lease ending or your move-out, whichever is later (NMSA 1978, § 47-8-18(C)). Nothing may be kept for normal wear and tear. Miss that deadline and the landlord loses the right to withhold any of it; bad-faith retention adds a 250-dollar civil penalty (NMSA 1978, § 47-8-18(D)–(E)).
Small landlords
The Human Rights Act carries the same two carve-outs as federal law. The first covers a single-family house rented by an owner who holds no more than three such houses, without any discriminatory notice or advertisement (NMSA 1978, § 28-1-9(A)). The second covers rooms or units in a building of up to four households where the owner lives in one (NMSA 1978, § 28-1-9(D)). Both match the federal exemptions (42 U.S.C. § 3603(b)), so a landlord outside one is usually outside both. Inside Albuquerque, the city ordinance exempts the same owner-occupied buildings of up to four units (Albuquerque Code of Ordinances § 11-3-12(B)). Check whether your landlord fits an exemption before you file anywhere.
If your landlord says no
New Mexico Human Rights Bureau (Department of Workforce Solutions)
Phone: (505) 827-6838 (toll-free in the state 1-800-566-9471) · File a complaint
Deadline: File within 300 days of the act (NMSA 1978, § 28-1-10(A)). The Bureau's rule counts 300 calendar days from the last act (9.1.1.8(B) NMAC). Start with the online Discrimination Inquiry Form or by phone. A civil rights investigator reviews the inquiry, then helps you file a formal charge. You can also file with HUD within one year (42 U.S.C. § 3610(a)(1)(A)(i)).
Court: You may ask the Bureau for an order of nondetermination straight away (NMSA 1978, § 28-1-10(D)). Or you may waive the hearing within 60 days of a probable-cause notice (NMSA 1978, § 28-1-10(J)). Either path leads to a fresh trial in district court. There, either side may ask for a jury, and the court may award actual damages and reasonable attorney fees (NMSA 1978, § 28-1-13(C)–(D)). An appeal from a Commission order is due within 90 days (NMSA 1978, § 28-1-13(A)). A federal Fair Housing Act suit stays open for two years (42 U.S.C. § 3613(a)(1)(A)).
Retaliation: For six months after you complain to a government agency about fair housing, your landlord may not raise the rent, cut services or sue for possession because of it (NMSA 1978, § 47-8-39(A)(4)). A breach is also a defence to eviction (NMSA 1978, § 47-8-39(B)). Threats or reprisal against anyone who opposes discrimination or files a complaint are unlawful too (NMSA 1978, § 28-1-7(I)(2)).
No state or city agency here is on HUD's Fair Housing Assistance Program list, so nothing is dual-filed. The Bureau's statute has no housing accommodation clause (NMSA 1978, § 28-1-7(G)). The Bureau has published nothing on support animals, so how it treats a refused ESA is untested. For an untrained ESA the main route is usually a private suit. The Bureau and, in Albuquerque, the Office of Civil Rights are shorter-clock options alongside it.
Your envelope, item by item
- Your written request
- The clinician's letter
- What to leave out
- When the reply comes
Keep a dated copy of everything you send.
What to send your landlord
The request, the letter, and what happens next.
- 1
Your written request
A few sentences to the landlord or property manager. Say you have a disability and name the animal and its species. Ask for an exception to the no-pets rule and a waiver of pet charges as a reasonable accommodation (42 U.S.C. § 3604(f)(3)(B)). Date it and keep a copy, because the 300-day state clock runs from the act (NMSA 1978, § 28-1-10(A)).
- 2
The clinician's letter
Signed by a clinician licensed in New Mexico after a live evaluation. It gives the clinician's licence type and number and the evaluation date. It describes the disability-related need for the animal without naming a diagnosis. No state rule prescribes the wording; those details let a landlord verify the licence.
- 3
What to leave out
Medical records, a registry printout, an ID card or a vest. The state keeps no ESA registry and no ESA form; the only statute that names ESAs excludes them from service-animal status (NMSA 1978, § 28-11-2(B)). Never describe your ESA as a service animal, because knowingly doing so is a misdemeanour (NMSA 1978, § 28-11-6(A)).
- 4
When the reply comes
No state rule sets a deadline for the landlord's answer, so ask for one in writing within a reasonable time. Check any pet deposit against the one-month cap on a lease under a year (NMSA 1978, § 47-8-18(A)(2)). Check any fee against the listing (NMSA 1978, § 47-8-19.1). If the answer is no, note the date: 300 days for the Bureau, 90 in Albuquerque, two years in court.
If your housing provider questions the letter, your clinician responds directly at no extra cost.
New Mexico renters by city
The same rules from Albuquerque to Clovis.
The ESA rules read the same in Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Roswell, Farmington, Hobbs and Clovis. The accommodation right is federal, and the deposit and fee rules are state law (NMSA 1978, §§ 47-8-18, 47-8-19.1). Any renter can reach the Human Rights Bureau on (505) 827-6838 or 1-800-566-9471 and has 300 days to file (NMSA 1978, § 28-1-10(A)). Albuquerque adds a city office with a 90-day window; see the city note. Santa Fe has its own fair-housing ordinance but sends complainants to the state Bureau and to HUD. Our clinicians licensed in New Mexico meet you by video or phone, so a renter in Farmington follows the same three steps as one in Hobbs. Those steps are a free screening, one live consultation, and a signed PDF that usually arrives within 24 to 48 hours if you qualify. Students in UNM or NMSU housing apply through the campus disability office, and NMSU's Disability Access Services uses its own verification form. An ESA has no right to enter shops, restaurants or casinos: only a trained dog or miniature horse counts as a service animal (NMSA 1978, § 28-11-2(B)–(D)).
- Albuquerque
- Las Cruces
- Rio Rancho
- Santa Fe
- Roswell
- Farmington
- Hobbs
- Clovis
- Albuquerque Renters inside the city limits have a second route. The Office of Civil Rights, in the Office of Equity and Inclusion, enforces the city's Human Rights Ordinance. It bars refusing to rent because of a physical or mental disability (Albuquerque Code of Ordinances § 11-3-7(G)). File within 90 days of the act, on 505-768-3138 or through the city's online inquiry form (Albuquerque Code of Ordinances § 11-3-8). The office will not take a complaint already filed with HUD or the state Bureau on the same facts, so choose before you file. The ordinance text has no accommodation clause, though the office lists disability accommodations among housing complaints. Owner-occupied buildings of up to four units are exempt (Albuquerque Code of Ordinances § 11-3-12(B)).
Myths in New Mexico
Three things you will read elsewhere that are not New Mexico law.
The Human Rights Act makes New Mexico landlords accommodate an ESA and drop pet deposits and pet rent.
FactIt does neither. The Act's housing section bars refusing to rent, or worse terms, because of a disability, and it has no accommodation, fee or deposit clause (NMSA 1978, § 28-1-7(G)). "Reasonable accommodation" is defined only for employment (NMSA 1978, § 28-1-2(V)). The accommodation wording vendors quote is the federal Fair Housing Act (42 U.S.C. § 3604(f)(3)(B)). What state law gives you on pet charges is the one-month deposit cap on leases under a year (NMSA 1978, § 47-8-18(A)(2)).
Passing off an ESA here brings a 1,000-dollar fine and a year in jail.
FactNo state offence covers an ESA claim. The misdemeanour is knowingly presenting an animal as a qualified service animal when it does not meet the definition (NMSA 1978, § 28-11-6(A)). The sentence is county jail for less than one year, a fine of not more than 1,000 dollars, or both (NMSA 1978, § 31-19-1(A)). That figure is a ceiling, not a set fine. Calling your ESA a service animal to a landlord falls within those words, so never do it.
A New Mexico ESA letter has to be renewed every 12 months, and the animal must go on a state registry.
FactNo state statute or rule sets a validity period, a renewal duty or required letter wording. No registry, certificate or ID card exists either; the only statute that names ESAs excludes them from service-animal status (NMSA 1978, § 28-11-2(B)). What a landlord can check is the clinician's licence, because evaluating you by telehealth takes a state licence (NMSA 1978, § 24-25-3(A)).
Task-trained dogs are a different document. If your dog performs trained tasks for a psychiatric disability, read about the psychiatric service dog (PSD) letter online, written after a real consultation.
Same price in every state
ESA letter for housing
$99 one time
Typical competitor price $159 — you save up to $60
The reasonable-accommodation letter you give your landlord, after a live clinical evaluation.
- Live video or phone consultation
- Signed PDF on clinician letterhead
- License type, number and jurisdiction shown
- Landlord verification support included
ESA + PSD combination
$149 one time
Both letters from one course of care, including the consultations for each.
- Everything in the housing letter
- Psychiatric service dog letter included
- Both consultations with a licensed clinician
- One clinical record, two documents
PSD letter & consultation
$79 one time
For people who already have housing sorted and need psychiatric service dog documentation only.
- Live consultation with a licensed clinician
- Psychiatric service dog letter
- Disability-related task documented
- No housing letter included
Signed PDF within 24 to 48 hours of your consultation. Same-day evaluations are often available for early bookings. Read the guarantee and refund terms.
Why this letter holds up
Written to New Mexico's rules, by a clinician a landlord can check.
- The clinician. A clinician licensed in New Mexico evaluates you in a live video or phone consultation. Clinical review of this page: Darren Rafel, LCSW.
- What the letter contains. Confirmation of a disability-related need for your animal, the animal it covers, and the clinician's licence type, number, jurisdiction and effective date, signed on letterhead. No diagnosis.
- How a landlord verifies it. The licence number is checked against the state licensing board; if they ask us, the clinician confirms the letter is genuine without disclosing anything else.
The refund terms, in full
- If you do not qualify. If the licensed clinician determines after your assessment that you do not meet the clinical criteria for an ESA or PSD letter, the assessment and letter fee is refunded in full. Requests must be made within 7 days of being notified that you did not qualify. The clinician's clinical determination is final.
- If your housing provider refuses the letter. If your landlord, property manager or housing authority refuses to accept the letter, you get a full refund. Contact us within 30 days of receiving your letter with the written denial (or reasonable evidence of the refusal), your full name and the letter's issue date. We first apply complimentary landlord verification support and contact the housing provider on your behalf; if the refusal stands, the refund is issued.
Read the exact terms. Money-back guarantee: full refund if you do not qualify, and a full refund if your housing provider refuses the letter.
What clients say
★★★★★I had a really positive experience from start to finish. The process was smooth, and I felt comfortable sharing everything without feeling rushed or judged. The questions were straightforward and easy to answer, and I really appreciated how respectful and understanding everyone was throughout the process. Having the opportunity to speak with a licensed professional afterward was also very helpful and added a lot of value to the experience. Overall, I’m very satisfied with the service
Hamza Khalid · Trustpilot, 2026-09
★★★★★Great service!! 5 stars hands down!
Jen Khan · Trustpilot, 2026-09
Read all Pet Support Letter reviews on Trustpilot. We show our own reviews only, word for word.
New Mexico FAQ
New Mexico questions, answered from the statute.
How can I qualify for an emotional support animal?
A clinician has to find two things. First, a disability: an impairment that "substantially limits one or more" of your major life activities, a record of one, or being regarded as having one (NMSA 1978, § 28-1-2(O)). Second, a disability-related need for the animal. A diagnosis alone is not the test, and some people do not qualify. If the clinician evaluates you by telehealth while you are in the state, they need a New Mexico licence.
What mental illness qualifies for ESA?
No statute lists qualifying conditions. What counts is how the condition affects you: it must be an impairment that "substantially limits one or more of a person's major life activities" (NMSA 1978, § 28-1-2(O)). Two people with the same diagnosis can get different answers. The clinician also has to find that the animal meets a need tied to that disability. Expect questions about your daily life, not a checklist of names.
Can I just ask my doctor for an ESA letter?
Yes, if your doctor is willing and holds a New Mexico licence. State law does not say who may write an ESA letter. The Telehealth Act covers only providers licensed to provide health care to patients in the state (NMSA 1978, § 24-25-3(A)). Choose a writer licensed at the independent level, since some counsellor licences require a clinical supervisor (NMSA 1978, § 61-9A-5(E)). If your doctor declines, a clinician licensed here can evaluate you by video or phone.
Is an ESA letter hard to get?
It takes a real evaluation, not a form. No state rule requires a 30-day relationship, a second session or an in-person visit, so one live consultation can be enough. The clinician must hold a state licence and meet the in-person supervision standard (NMSA 1978, § 24-25-5(C)). Some people do not qualify. The evaluation costs $99, paid at checkout before the consultation; if you do not qualify, ask for a full refund within 7 days.
What proof do you need for an emotional support animal?
For housing, a letter from a clinician who evaluated you. State law sets no required wording, so check that it carries the clinician's name, licence type and number, the date of the live evaluation and the disability-related need for the animal. Under the federal Act, a landlord may ask for reliable information when the need is not obvious (42 U.S.C. § 3604(f)(3)(B)). A registry entry, ID card or vest proves nothing.
Are emotional support dogs legal in New Mexico?
Yes, as pets and as the subject of a housing accommodation request. They have no public-access rights. The Service Animal Act excludes emotional support animals from "qualified service animal", which means a dog or miniature horse trained to work or perform tasks (NMSA 1978, § 28-11-2(B)–(C)). A psychiatric service dog letter does not turn a dog into a service animal; its training does. Since 2021, airlines may treat ESAs as pets.
How much does an ESA letter cost in New Mexico?
$99 for a housing letter, $149 together with a psychiatric service dog letter, or $79 for a PSD letter and consultation on its own. The consultation and landlord verification support are included, and the price is the same across every state.
Nearby states and resources
Moving across a state line changes the rules.
Sources
Every legal statement on this page, and where it comes from.
- NMSA 1978, ch. 28, art. 1, New Mexico Human Rights Act (official compilation, unannotated) accessed 2026-10-27
- NMSA 1978, § 28-1-2 (definitions: bureau, physical or mental disability, reasonable accommodation for employment) accessed 2026-10-27
- NMSA 1978, § 28-1-7 (unlawful discriminatory practices: housing (G), threats and reprisal (I)) accessed 2026-10-27
- NMSA 1978, § 28-1-9 (exemptions: owner of three or fewer single-family houses; owner-occupied buildings of up to four units) accessed 2026-10-27
- NMSA 1978, § 28-1-10 (complaints within 300 days; order of nondetermination; waiver of hearing) accessed 2026-10-27
- NMSA 1978, § 28-1-13 (appeal within 90 days; jury; actual damages and attorney fees) accessed 2026-10-27
- 9.1.1 NMAC (Human Rights Commission rules: 300 calendar days; reasonable accommodation defined for employment; obligations of occupancy) accessed 2026-10-27
- NMSA 1978, § 28-11-2 (Service Animal Act definitions: emotional support animals excluded; qualified service dog) accessed 2026-10-27
- NMSA 1978, § 28-11-3 (qualified service animals in public places; no additional charge) accessed 2026-10-27
- NMSA 1978, § 28-11-6 (knowingly presenting an animal as a qualified service animal: misdemeanour) accessed 2026-10-27
- NMSA 1978, § 31-19-1 (misdemeanour sentence: jail under one year, fine of not more than 1,000 dollars, or both) accessed 2026-10-27
- NMSA 1978, § 47-8-18 (deposits: one-month cap on leases under one year; 30-day return; forfeiture; civil penalty) accessed 2026-10-27
- NMSA 1978, § 47-8-19.1 (every fee itemised in the published listing; effective 20 June 2025) accessed 2026-10-27
- NMSA 1978, § 47-8-39 (retaliation after a fair-housing complaint barred for six months; defence to eviction) accessed 2026-10-27
- NMSA 1978, ch. 57, art. 12, Unfair Practices Act (§ 57-12-27: fees not included in the rental agreement) accessed 2026-10-27
- NMSA 1978, § 24-25-3 (Telehealth Act: provider licensed to provide health care to patients in New Mexico) accessed 2026-10-27
- NMSA 1978, § 24-25-5 (telehealth: scope of practice unchanged; same supervision as in-person practice) accessed 2026-10-27
- NMSA 1978, § 61-9-4.1 (Professional Psychologist Act: licence required) accessed 2026-10-27
- NMSA 1978, ch. 61, art. 9A, Counseling and Therapy Practice Act (§§ 61-9A-4, 61-9A-5: licence required; supervised licensees) accessed 2026-10-27
- NMSA 1978, § 61-31-4 (Social Work Practice Act: licence required) accessed 2026-10-27
- New Mexico Board of Psychologist Examiners, FAQs (a state licence is needed for telehealth with a person physically in New Mexico) accessed 2026-10-27
- Albuquerque Human Rights Ordinance, Code of Ordinances ch. 11, art. 3 (§§ 11-3-7(G), 11-3-8, 11-3-12(B); updated 24 June 2024) accessed 2026-10-27
- City of Albuquerque Office of Civil Rights, grievance procedure (city limits, 90 days, no complaint already filed elsewhere) accessed 2026-10-27
- HUD list of Fair Housing Assistance Program agencies (no New Mexico state or city agency) accessed 2026-10-27
- HUD FHEO enforcement memorandum, 22 May 2026 accessed 2026-10-27
General information, not legal advice. Last reviewed 2026-10-27 by Darren Rafel, LCSW. Statutes change; we re-check each state page and record the date above.
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