New Mexico’s Laws & Regulations for Assistance Animals are as follows:
Acceptance
Housing
New Mexico landlords must follow the Fair Housing Act (FHA), requiring reasonable accommodation for ESAs, PSAs, and Service Animals with valid documentation. New Mexico also reinforces these protections through the New Mexico Human Rights Act.
Air Travel
New Mexico follows the Air Carrier Access Act (ACAA). Only trained service dogs may fly as Service Animals. ESAs must fly under airline pet policies. DOT Service Animal forms may be required when flying from Albuquerque (ABQ), Santa Fe (SAF), or Roswell (ROW).
Public Access
Public access in New Mexico follows the Americans with Disabilities Act (ADA) and New Mexico Statute § 28-11-1. Only trained Service Dogs—including psychiatric service dogs—must be allowed in stores, hotels, restaurants, hospitals, public transit, and government buildings. ESAs do NOT qualify for public access under ADA or state law.
Additional Notes
- ADA: Only dogs trained to perform tasks qualify as Service Animals.
- ACAA: Airlines accept only trained Service Dogs in cabin.
- FHA & NM Human Rights Act: ESAs, PSAs, and Service Animals are protected for housing.
- State penalties: New Mexico penalizes misrepresentation of Service Animals.
- Recognition Gear: Recommended statewide, especially in rural and tribal areas.
Applicable Laws
Emotional Support Animals (ESA):
Protected for housing under FHA and NM Human Rights Act; not recognized for public access.
Psychiatric Support Animals (PSA):
Recognized as Service Animals only when task-trained.
Service Animals:
Recognized under ADA, ACAA, FHA, and New Mexico law.