INFORMATION REGARDING EMOTIONAL SUPPORT ANIMALS IN NEW MEXICO
What is the difference between an Emotional Support Animal (ESA) and a Service Animal?
An Emotional Support Animal is a companion animal that provides therapeutic comfort to a person with a diagnosed mental health or emotional condition(s). The animal does not work or perform tasks for the benefit of an individual with a disability and does not accompany them at all times.
ESA animals are not limited to only dogs. They can also be: cats, birds, rabbits, rodents, ect…
A Service Dog is a dog individually trained to do work or perform tasks for a person with a disability under the Americans with Disabilities Act. The disability can be physical, sensory, psychiatric, intellectual, or other. The dog must perform a specific trained task — not just provide comfort.
Service dogs can be any breed.
A Service Dog does NOT include a pet, an emotional support animal, a comfort animal or a therapy animal.
Do I have to have documentation for an ESA?
NO, you do not have to have documentation to own an ESA. HOWEVER – it is strongly suggested that you get a letter from your Doctor / Licensed Psychologist / Psychiatrist / Clinical Social Worker / Professional Counselor / OR Psychiatric Nurse Practitioner stating that you do indeed need an ESA.
New Mexico has no state-specific ESA letter requirements beyond federal HUD guidance.
Although it is not mandatory to register your Service Dog it is STRONGLY suggested.
Does my ESA have the same rights as a Service Animal?
NO. ESAs have limited rights. These rights fall mainly under the Fair Housing Act (FHA). The FHA requires landlords and other housing managers to "reasonably accommodate" tenants or guests who have ESAs. Under the FHA, ESAs are classified as “assistance animals” — not pets.
Can I take my ESA in public?
Each place of business has its own rules and restrictions. Check with management or on their website before bringing your ESA.
ESAs have no public access rights in New Mexico. The Service Animal Act and White Cane Law apply only to trained service animals.
Can a landlord put restrictions on my ESA?
A landlord can:
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Request documentation from a licensed healthcare provider when the disability or need is not readily apparent.
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Deny the accommodation if the animal poses a direct threat to health or safety that cannot be mitigated.
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Deny the accommodation if the animal would cause substantial physical damage to the property.
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Hold you financially responsible for damage caused by the ESA.
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Pursue eviction for lease breaches related to the animal.
A landlord CAN NOT:
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Charge pet deposits, pet rent, or any fees for your ESA.
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Require documentation when the disability is readily apparent or already known.
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Require access to medical records or medical providers.
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Require disclosure of specific diagnosis information.
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Impose breed, weight, or size restrictions on the ESA.
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Deny housing because of a blanket “no pets” policy.
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Retaliate against you for requesting an ESA accommodation.
Do I have to have documentation for an ESA?
What can I do if I feel my ESA housing rights have been violated?
If you believe your ESA housing rights have been violated, you have several options:
New Mexico Human Rights Bureau (HRB)
The HRB investigates housing discrimination complaints under the NMHRA. Complaints must be filed within 300 days of the alleged discriminatory act — a longer filing window than many states offer. Contact: (505) 827-6838 or 1-800-566-9471.
U.S. Department of Housing and Urban Development (HUD)
You can also file a complaint with HUD within one year of the alleged discrimination.
Private Lawsuit
You may file a private lawsuit in state or federal court seeking injunctive relief, compensatory damages, and attorney’s fees.
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