Nothing contained in the Human Rights Act shall:

A. apply to any single-family dwelling sold, leased, subleased or rented by an owner without the making of any notice, statement or advertisement with respect to the sale, lease, sublease or rental of a dwelling unit that indicates any preference, limitation or discrimination based on race, color, religion, national origin, ancestry, sex, sexual orientation or gender identity. This exemption is subject to these further reservations:

(1) to qualify for the exemption, the seller must not be an owner of or own or have reserved any interest in more than three single-family dwellings; and

(2) if the seller does not currently live in the dwelling or he was not the most recent occupant, the exemption granted in this section shall only apply to one sale in twenty-four months;

B. bar any religious or denominational institution or organization that is operated, supervised or controlled by or that is operated in connection with a religious or denominational organization from limiting admission to or giving preference to persons of the same religion or denomination or from making selections of buyers, lessees or tenants as are calculated by the organization or denomination to promote the religious or denominational principles for which it is established or maintained, unless membership in the religious or denominational organization is restricted on account of race, color, national origin or ancestry;

C. bar any religious or denominational institution or organization that is operated, supervised or controlled by or that is operated in connection with a religious or denominational organization from imposing discriminatory employment or renting practices that are based upon sexual orientation or gender identity; provided, that the provisions of the Human Rights Act with respect to sexual orientation and gender identity shall apply to any other:

(1) for-profit activities of a religious or denominational institution or religious organization subject to the provisions of Section 511(a) of the Internal Revenue Code of 1986, as amended; or

(2) nonprofit activities of a religious or denominational institution or religious organization subject to the provisions of Section 501(c)(3) of the Internal Revenue Code of 1986, as amended;

D. apply to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his residence;

E. apply to public restrooms, public showers, public dressing facilities or sleeping quarters in public institutions, where the preference or limitation is based on sex; and

F. prevent the mandatory retirement of an employee upon reaching the age of sixty-five years or older, if the employer is operating under a retirement plan that meets the requirements of Public Law 93-406, the Employee Retirement Income Security Act of 1974.

History: 1953 Comp., § 4-33-8, enacted by Laws 1969, ch. 196, § 8; 1973, ch. 58, § 2; 1975, ch. 78, § 1; 2003, ch. 383, § 4; 2004, ch. 115, § 2.

Cross references. — For the federal Employee Retirement Income Security Act of 1974, see 26 U.S.C. § 410 et seq.

For Section 511(a) of the Internal Revenue Code of 1986, see 26 U.S.C. § 511(a).

For Section 501(c)(3), see 26 U.S.C. § 501(c)(3).

The 2004 amendment, effective July 1, 2004, deleted Subsection G, which provided that the Human Rights Act does not apply to a business that employs fourteen or fewer full-time employees.

The 2003 amendment, effective July 1, 2003, substituted "sex, sexual orientation or gender identity" for "or sex" following "national origin, ancestry" in Subsection A; in Paragraph A(2), substituted "does not currently" for "doesn't presently" near the beginning, deleted "then" following "most recent occupant", substituted "shall" for "will" following "in this section"; in Subsection B, substituted "that is operated, supervised" for "which is operated, or supervised" following "institution or organization", inserted "that" following "controlled by or"; added present Subsection C and redesignated former Subsections C to E as Subsections D to F; and added Subsection G.

Law reviews. — For article, "Age Discrimination in Employment: A Comparison of the Federal and State Laws and Remedies in New Mexico," see 7 N.M.L. Rev. 51 (1976-77).

For article, "Selecting an Analogous State Limitations Statute in Reconstruction Civil Rights Claims: The Tenth Circuit's Resolution," see 15 N.M.L. Rev. 11 (1985).

Am. Jur. 2d, A.L.R. and C.J.S. references. — Validity, construction, and application of provisions of § 702 of Civil Rights Act of 1964 (42 USCS § 2000e-1) exempting activities of religious organizations from operation of Title VII Equal Employment Opportunity provisions, 67 A.L.R. Fed. 874.

Actions under Age Discrimination in Employment Act (29 USCS §§ 621 to 634) challenging hiring or retirement practices in law enforcement employment, 79 A.L.R. Fed. 373.

Validity, construction, and application of § 804 (c) of Civil Rights Act of 1968 (Fair Housing Act) (42 USCS § 3604 (c)) prohibiting discriminatory notice, statement, or advertisement with respect to sale or rental of dwelling, 142 A.L.R. Fed. 1