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Applying for an apartment with an eviction, a record or no credit

Use when someone is applying for a rental, voucher unit or public housing and worries they will be turned down because of an old eviction, a criminal record, bad credit or no credit.

In danger right now: call 911. Crisis or thoughts of suicide: call or text 988. Not sure where to start? Call the Silver City Gospel Mission: 575-388-5071. Police, fire or sheriff, not an emergency: 575-388-8840 (Central Dispatch). Print our list of phone numbers → · Food pantry calendar → · Free meals calendar → · Getting there: bus and rides →
These are the same steps our staff use when they help someone. "They" means the person who needs help: you, or someone you are helping. Go in order, and call ahead when you can.
In this guide
  1. Find out what may get in the way
  2. See what landlords will see
  3. Know the New Mexico application rules
  4. Build a strong application
  5. Public housing and Section 8
  6. Get help if they are turned down

1Find out what may get in the way

You can ask"What are you worried a landlord will see: an eviction, a record, credit, or no rental history?"
You can ask"Do you have a voucher or deposit help already? What is your monthly income?"
You can say"Lots of people get housed with a past. We'll plan how to tell your story."
At the Gospel MissionOur case worker helps with housing applications and follow-ups.

2See what landlords will see

Get free credit reports from all three bureaus. They are free every week online.
AnnualCreditReport.com
Free credit reports from Equifax, Experian and TransUnion
1-877-322-8228
Look up old eviction and court cases at caselookup.nmcourts.gov.
If they paid off an eviction judgment, ask the landlord or court for proof that it is paid.
Wrong information on a report? They can dispute it with the credit bureau for free.
FBI Criminal Justice Information Services (CJIS) Division
FBI Identity History Summary (your federal rap sheet)
304-625-5590
See the guide "Wants to clear (expunge) a criminal record".
See the guide "Needs help with a utility deposit or bad credit".

3Know the New Mexico application rules

Since 2025, a landlord may charge an application screening fee of no more than $50.
They must tell you about the fee in writing first, and give you a receipt.
They may not charge any other fee to process an application.
They must return the fee within 30 days if they never run the check, or if they rent to someone who applied before you.
The same owner may charge you only one screening fee in 90 days, even for a different unit.
The landlord must give you a copy of any report they used to screen you.
Ask before paying: "What are your rules on evictions, records and credit?" Don't pay a fee for a place that will say no.
New Mexico Department of Justice (Attorney General) - Consumer Protection
Consumer complaints: scams, debt collectors, predatory lenders, bad landlords
505-490-4060
· Statewide phone/online; weekday business hours

4Build a strong application

Write a short, honest letter: what happened, what has changed, and why they will pay on time.
Bring
  • Photo ID
  • proof of income (benefit letters, pay stubs)
  • voucher or deposit-help papers
  • names and phone numbers of references
Good references: a past landlord who was happy, an employer, a counselor, a probation officer, or a pastor.
At the Gospel MissionAsk the case worker if the Mission can give a reference.
Offer what lowers the risk: a co-signer, a bigger deposit, rent paid straight from a program, or proof of treatment or classes.
Small, local landlords often decide case by case. Big companies use strict computer rules.
Housing New Mexico (NM Mortgage Finance Authority)
Find affordable and subsidized apartments (online search)
505-843-6880
See the guide "Looking for a roommate or shared housing".

5Public housing and Section 8

Federal rules ban only two groups for life: people on the lifetime sex offender registry, and people convicted of making meth in federally assisted housing.
Most other records are looked at case by case. Time passed, treatment and good references matter.
If they are denied, they can ask for an informal review. Do it fast. The deadline is in the letter.
Western Regional Housing Authority
Public housing
575-388-1974
2545 N. Silver St., Silver City · Mon-Thu 8:30am-5pm (closed 12-12:30); closed Fridays and state holidays
Western Regional Housing Authority
Housing Choice Voucher (Section 8)
575-388-1974
2545 N. Silver St., Silver City · Mon-Thu 8:30am-5pm (closed 12-12:30); closed Fridays and state holidays
You can ask"Do you have a disability that was part of the problem back then?" They can ask for a reasonable accommodation.
See the guide "Wants to get on a housing waitlist (Section 8 or public housing)".
See the guide "Has to register as a sex offender and needs a place to live".

6Get help if they are turned down

New Mexico Legal Aid
Free civil legal help
1-833-545-4357
2005 Hwy 180 W, Suite 500, Silver City · Phone intake Mon-Thu 9:30 am-4:00 pm at 1-833-545-4357; online application any time at newmexicolegalaid.org. Silver City office: 575-388-0091.
New Mexico Coalition to End Homelessness
Coordinated Entry (Balance of State)
505-217-9570
· Mon-Fri business hours
Veterans Integration Centers (VIC)
SSVF veteran rent, deposit and rehousing help (serves Grant County)
505-296-0800
2701 Mulberry St SE, Albuquerque · Mon-Fri business hours
Turned down because of race, disability, family, religion, sex or national origin? That is illegal.
U.S. Department of Housing and Urban Development (HUD) - Fair Housing
Housing discrimination hotline and complaints
800-669-9777
NM Department of Workforce Solutions - Human Rights Bureau
File a discrimination complaint (job, housing, credit, public places)
800-566-9471
· Statewide phone/online; weekday business hours
Need the deposit? See the guide "Found a place but can't pay the deposit or first month's rent".

More help like this

See all guides in Housing and bills →

This guide is general information only, not medical, legal or other professional advice. Places and rules change, so please call before you go. In an emergency, call 911; in a mental health crisis, call or text 988. Disclaimer

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Questions, or want someone to walk through this with you? The Silver City Gospel Mission, 111 S. Texas St., Silver City, 575-388-5071, weekdays 9:00am-1:45pm. Everyone is welcome.