HB 65 — HOUSING MODERNIZATION CHANGES

Any deposit as defined in [Paragraph (1) of ] Subsection A of this section shall not be construed as prepaid rent.

Upon termination of the residency, property or money held by the owner as deposits may be applied by the owner to the payment of rent and the amount of damages [which][which ] that the owner has suffered by reason of the resident's noncompliance with the rental agreement or Section 47-8-22 NMSA 1978.

In the event actual cause exists for retaining any portion of the deposit for nonpayment of rent, late fees, utilities, repairs, cleaning or other legitimate damages or h g charges, the owner shall provide the resident with an itemized o t hr written list of the deductions from the deposit and the balance g e i k of the deposit, if any, within thirty days of the date of h r i s termination of the rental agreement or resident departure, h , t, e tu 17g whichever is later.

The owner is deemed to have complied with we b l ne de 18h this section by mailing, emailing or hand delivering the n d d i = = 19o ah l statement and any payment required to the last known address of l ] b ,d i a º e r 20i = r the resident.

[Nothing in this section shall preclude the a t me w d m 21a n o owner from retaining portions of the deposit for nonpayment of d rm e: 22 rent or utilities, repair work or other legitimate damages] If c e s k 23 the statement and any payment are mailed but returned as e a n b 24 undeliverable or if the last known address is the vacated u [ dwelling unit, the owner shall mail, email or hand deliver at .221528.1 - 5 - least one additional notice if an alternative address has been provided to the owner by the resident or the resident's representative.

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 5 - e a n e d r e l u [ A d rent or utilities, repair work or other legitimate damages] If the statement and any payment are mailed but returned as undeliverable or if the last known address is the vacated dwelling unit, the owner shall mail, email or hand deliver at least one additional notice if an alternative address has been provided to the owner by the resident or the resident's representative.

h g (2) shall forfeit the right to assert [any][any ] a o t hr counterclaim in [any] an action brought to recover that g e i k deposit;

eh tr 17i s (3) shall be liable to the resident for court wh l, nt, de 18u g costs and reasonable [attorneys'][attorneys' ] attorney fees;

and =e =b 19l ae le h (4) shall forfeit the right to assert an n d d i a= e= ro 20h independent action against the resident for [damages to the l ] b ,d i a tº me mr 21i = r rental property] any charge, including rent other than the t e w d rm ea 22n o minimum periodic payment due under the lease for a dwelling cd em s: k 23 accrued through the date of termination or resident departure, e a n b 24 whichever is later, late fees and other penalties, utilities, u [ repairs, cleaning or other damages or charges.

Notwithstandingb .221528.1e -d 6s -º anyo othert provisionn of= law,.221528.1AIC nothingFebruary in7, this2022 section(9:46am) shalls preventk them ownere from- retaining6 - e a portionn ofe thed depositr ore bringingl au separate[ actionA ford accrued through the minimumdate periodicof paymenttermination dueor underresident thedeparture, leasewhichever foris alater, dwellinglate actuallyfees dueand priorother topenalties, theutilities, residentrepairs, vacatingcleaning theor premises.other damages or charges.

Notwithstanding any other provision of law, nothing in this section shall prevent the owner from retaining a portion of the deposit or bringing a separate action for the minimum periodic payment due under the lease for a dwelling actually due prior to the resident vacating the premises.

BREACH OF AGREEMENT BY RESIDENT AND RELIEF BY OWNER.-- h g A.

Except as provided in the Uniform Owner-Resident o t hr Relations Act, if there is noncompliance with Section 47-8-22 g e ti 17k NMSA 1978 materially affecting health and safety or upon the wh lr ni ds 18 initial material noncompliance by the resident with the rental =h =, 19t, ae lu g agreement or [any][any ] a separate agreement, the owner shall ie ab l e re 20h deliver a written notice to the resident specifying the acts an td md mi 21= = o h and omissions constituting the breach, including the dates and dl r] b ,d i a º e 22r i = r specific facts describing the nature of the alleged breach, and ct e sw kd 23m a n o stating that the rental agreement will terminate upon a date ed am n: b 24 not less than seven days after receipt of the notice if the u [ breach is not remedied in seven days.

.221528.1b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 7 - B.e a n e d r e l u [ A d not less than seven days after receipt of the notice if the breach is not remedied in seven days.

B.

The initial notice provided in this section shall state that the rental agreement will terminate upon the second material noncompliance with the rental agreement or any separate agreement by the resident, within six months of the h g initial breach.

To be effective, [any][any ] a notice pursuant to eo t 17hr this subsection shall be given within thirty days of the breach wg le ni dk 18 or knowledge thereof.

=h =r 19i as l D.

If rent is unpaid when due and the resident ih a, t, e ru 20g fails to pay rent within [three][three ] eleven days after written ae tb ml me 21e h notice from the owner of nonpayment, [and his]his ] the owner may n d rd ei 22= = o h terminate the rental agreement pursuant to this subsection.

cl ] b ,d i a º e sr ki 23= r The notice shall state the owner's intention to terminate the t e w d m a n bo 24 rental agreement.

The owner may terminate the rental agreement ud [m and: the resident shall [immediately deliver possession of the .221528.1 - 8 - dwelling unit;

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 8 - e a n e d r e l u [ A d and the resident shall [immediately deliver possession of the dwelling unit;

The tender of the full amount due, in the manner stated in the notice, prior to the expiration of the [three-day][three-day ] eleven-day notice shall bar any action for nonpayment of rent.

or (2) the owner has allocated rent paid by the resident as payment for damages to the premises, then, if the owner is the prevailing party, the court shall enter a [writ of restitution] judgment conditioned upon the right of the resident to remedy by depositing the judgment amount with the eh tg 17 court within [three] twenty-one days of entry of judgment.

If wo lt nhr d 18 the resident has satisfied the judgment within [three][three ] twenty- =g =e 19i ak l one days, the [writ] judgment shall be vacated and the petition ih a e r 20i s as to that issue shall be dismissed.

If the resident has not ah t, mt, me 21u g satisfied the judgment [within three days, the owner may de rb l e 22e h execute upon the writ without further order of the court] as cn ed sd ki 23= = o h set by the court, the court shall issue the writ of restitution el ] b ,d i a nº be 24r i = r without further order.

ut [e w d m a n o F.

Except as provided in the Uniform Owner-Resident .221528.1d -m 9: - Relations Act, the owner may recover damages and obtain injunctive or other relief for [any] noncompliance by the resident with the rental agreement or this section or Section 47-8-22 NMSA 1978.

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 9 - e a n e d r e l u [ A d Relations Act, the owner may recover damages and obtain injunctive or other relief for [any ] noncompliance by the resident with the rental agreement or this section or Section 47-8-22 NMSA 1978.

e t 17 I.

If the resident knowingly commits or consents to wh lg n d 18 another person in the dwelling unit or on the premises =o =t 19hr a l knowingly committing a substantial violation, the owner shall ig a e ri 20k deliver a written notice to the resident specifying the time, ah tr mi ms 21 place and nature of the act constituting the substantial dh r, t, e 22u g violation and that the rental agreement will terminate upon a c e sb kl 23e e h date not less than three days after receipt of the notice.

en ad nd bi 24= = o h J.

In any action for possession [under][under ] pursuant to ul [] b ,d i a º e r i = r Subsection I of this section, it shall be a defense that the .221528.1t -e 10w -d m a n o resident is a victim of domestic violence.

If the resident has filedd form or: secured a temporary domestic violence restraining order as a result of the incident that is the basis for the termination notice or as a result of a prior incident, the writ of restitution shall not issue.

Inb alle otherd casess [where]º ino whicht domesticn violence= is.221528.1AIC raisedFebruary as7, 2022 (9:46am) s k m e - 10 - e a defense,n thee courtd shallr havee thel discretionu to[ evictA thed residentfiled accusedfor or secured a temporary domestic violence restraining order as a result of the violation,incident whilethat allowingis the tenancybasis offor the remaindertermination notice or as a result of a prior incident, the residentswrit toof continuerestitution undisturbed.shall not issue.

In all other cases [where ] in which domestic violence is raised as a defense, the court shall have the discretion to evict the resident accused of the violation, while allowing the tenancy of the remainder of the residents to continue undisturbed.

In any action for possession [under][under ] pursuant to Subsection I of this section, it shall be a defense that the resident did not know of, and could not have reasonably known of or prevented, the commission of a substantial violation by any other person in the dwelling unit or on the premises.

In [an] any action for possession [under] pursuant to Subsection I of this section, it shall be a defense e t 17 that the resident took reasonable and lawful actions in defense w l n d 18 of [himself][himself ] the resident, others or [his] the resident's =h =g 19 a l property.

io at ehr r 20 M.

In any action for possession [under][under ] pursuant to ag te mi mk 21 Subsection I of this section, if the court finds that the dh r ei 22s action was frivolous or brought in bad faith, the petitioner ch e, st, ke 23u g shall be subject to a civil penalty equal to two times the e ab nl be 24e h amount of the monthly rent, plus damages and costs." un [d d i = = o h SECTION 5.

Section 47-8-37 NMSA 1978 (being Laws 1975, .221528.1l -] 11b -,d i a º e r i = r Chapter 38, Section 37) is amended to read:

t e w d m a n o "47-8-37.

NOTICE OF TERMINATION AND DAMAGES.-- A.d m :

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 11 - e a n e d r e l u [ A d A.

If the resident remains in possession without the owner's consent after expiration of the term of the rental agreement or its termination, the owner may bring an action for possession, and, if the resident's holdover is willful and not in good faith, the owner, in addition, may recover the damages sustained by [him][him ] the owner and reasonable [attorney's] e t 17 attorney fees.

If the owner consents to the resident's w l n d 18 continued occupancy, Subsection C of Section [15 of the Uniform = = 19 a l Owner-Resident Relations Act] 47-8-15 NMSA 1978 applies." ih ag e r 20 SECTION 6.

Section 47-8-39 NMSA 1978 (being Laws 1975, ao t mhr m 21 Chapter 38, Section 39, as amended) is amended to read:

dg r e 22i k "47-8-39.

OWNER RETALIATION PROHIBITED.-- ch er si ks 23 A.

An owner may not retaliate against a resident eh a, nt, be 24u g who is in compliance with the rental agreement and not ue [b l e e h otherwise in violation of any provision of the Uniform Owner- .221528.1n -d 12d -i = = o h Resident Relations Act.

[by increasing rent, decreasing l ] b ,d i a º e r i = r services or by bringing or threatening to bring an action for t e w d m a n o possession because] A resident may prove retaliation if:

(1)d anm owner: brings or threatens to bring an action for possession, decreases services, increases rent, refuses to renew a rental agreement or serves a notice of termination under Section 47-8-37 NMSA 1978;

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 12 - e a n e d r e l u [ A d (1) an owner brings or threatens to bring an action for possession, decreases services, increases rent, refuses to renew a rental agreement or serves a notice of termination under Section 47-8-37 NMSA 1978;

[(3)] (c) acted in good faith to e t 17 exercise [his][his ] the resident's rights provided [under] pursuant w l n d 18 to the Uniform Owner-Resident Relations Act or any other law, = = 19 a l order or regulation governing owner-resident relations, i a e r 20 including when the resident makes a written request or ah tg m m 21 complaint to the owner to make repairs to comply with the do rt ehr 22 owner's obligations [under][under ] pursuant to Section 47-8-20 NMSA cg e si k 23 1978 or any other law, order or regulation governing eh ar ni bs 24 owner-resident relations;

h , t, e u [g [(4)] (d) made a fair housing complaint .221528.1e -b 13l -e e h to a government agency charged with authority for enforcement n d d i = = o h of laws or [regulations][regulations ] rules prohibiting discrimination in l ] b ,d i a º e r i = r rental housing;

[(5)]t (e)e prevailedw ind m a lawsuitn aso either[(5)] plaintiff(e) orprevailed defendantin or has a lawsuit pendingas againstd them owner: relating to the residency;

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 13 - e a n e d r e l u [ A d either plaintiff or defendant or has a lawsuit pending against the owner relating to the residency;

Hfl1º (h) complained to a gas, electric or water utility company about the functioning or safety of a mechanical device, utility service or owner-supplied appliance;»Hfl1 or Hfl1º (h) complained to the owner about the functioning or safety of a mechanical device or service of a gas, electric or water utility company or an owner-supplied appliance;

oror»Hfl1 (i) requested a reasonable accommodation for disability under the federal Fair Housing Act, Section 504 e t 17 of the federal Rehabilitation Act of 1973, the federal wh lg n d 18 Americans with Disabilities Act of 1990, the Human Rights Act =o =t 19hr a l or any other applicable federal, state or local fair housing or ig a e ri 20k human rights law.

ah tr mi ms 21h B.

If the owner acts in violation of Subsection A d, rt, e 22u g of this section, the resident [is][is ] shall be entitled to the c e sb kl 23e e h remedies provided in Section 47-8-48 NMSA 1978 and the en ad nd i = = o h l ] b 24,d violation shall be a defense in [any][any ] an action against [him] ui [a º e r i = r the resident for possession.

.221528.1t -e 14w -d m a n o C.

Notwithstanding the provisions of Subsection A ofd thism section,: the owner may increase the rent or change services upon appropriate notice at the end of the term of the rental agreement or as provided [under] pursuant to the terms of the rental agreement if the owner can establish that the increased rent or changes in services are consistent with those imposed on other residents of similar rental units and are not directed at the particular resident, but are uniform.

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 14 - e a n e d r e l u [ A d of this section, the owner may increase the rent or change services upon appropriate notice at the end of the term of the rental agreement or as provided [under ] pursuant to the terms of the rental agreement if the owner can establish that the increased rent or changes in services are consistent with those imposed on other residents of similar rental units and are not directed at the particular resident, but are uniform.

The owner shall then be required to articulate a reason for the action that is not protected by this section, and the resident shall then be required to prove that the reason given by the owner is a pretext for retaliation prohibited by this section." e t 17 SECTION 7.

Section 47-8-40 NMSA 1978 (being Laws 1975, w l n d 18 Chapter 38, Section 40, as amended) is amended to read:

=h =g 19 a l "47-8-40.

ACTION FOR POSSESSION BY OWNER.-- io at ehr r 20 A.

Notwithstanding Subsections A, [and][and ] B and C of ag te mi mk 21 Section 47-8-39 NMSA 1978, an owner may bring an action for dh r ei 22s possession, and dispute a claim of retaliation asserted by the ch e, st, ke 23u g tenant, if:

e ab nl be 24e h (1) the violation of the applicable minimum un [d d i = = o h building or housing code was caused primarily by lack of .221528.1l -] 15b -,d i a º e r i = r reasonable care by the resident or other person in [his][his ] the t e w d m a n o resident's household or upon the premises with the resident's consent;d m :

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 15 - e a n e d r e l u [ A d consent;

The maintenance of an action under Subsection A of this section does not release the owner from liability under e t 17 Section 47-8-20 NMSA 1978.

w l n d 18 C.

Any right of an owner to bring an action under = = 19 a l this section shall be subject to the federal Fair Housing Act ih ag e r 20 and other applicable fair housing and human rights laws." ao t mhr m 21 SECTION 8.

Section 47-8-43 NMSA 1978 (being Laws 1975, dg r e 22i k Chapter 38, Section 43, as amended) is amended to read:

ch er si ks 23 "47-8-43.

ISSUANCE OF SUMMONS AND TRIAL SETTING.-- eh a, nt, be 24u g A.

The summons shall be issued and directed, with a ue [b l e e h copy of the petition attached to the summons, and shall state .221528.1n -d 16d -i = = o h the cause of the complaint, the answer day for other causes of l ] b ,d i a º e r i = r action and notice that if the defendant fails to appear, t e w d m a n o judgment shall be entered against [him][him ] the defendant.

The summonsd maym be: served pursuant to the New Mexico rules of civil procedure and returned as in other cases.

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 16 - e a n e d r e l u [ A d summons may be served pursuant to the New Mexico rules of civil procedure and returned as in other cases.

(1) for any matter brought by the owner for possession, not less than [seven or]or ] fourteen days nor more than [ten] twenty-one days after the service of summons;

or (2) for [any][any ] a matter brought by the resident for possession, not less than three or more than five days after the service of summons.

To the extent practicable, the court shall e t 17 maintain a resource list of nonprofit legal service providers w l n d 18 and state and local entities that provide rental assistance to = = 19 a l qualifying applicants.

A copy of the resource list shall be i a e r 20 provided to the plaintiff at the time of filing of the petition ah tg m m 21 and shall be served by the plaintiff along with the summons and do rt ehr 22 copy of the complaint upon the defendant." cg e si k 23 SECTION 9.

Section 47-8-46 NMSA 1978 (being Laws 1975, eh ar ni bs 24 Chapter 38, Section 46, as amended) is amended to read:

h , t, e u [g "47-8-46.

WRIT OF RESTITUTION.-- .221528.1e -b 17l -e e h A.

Upon petition for restitution filed by the owner n d d i = = o h if judgment is rendered against the defendant for restitution ofl the] premises,b the,d courti shalla declareº thee forfeiturer i = r of the rentalpremises, agreementthe andcourt shall,shall atdeclare the requestforfeiture of the plaintifft ore [his]w thed plaintiff'sm attorney,a issuen ao [writ]rental judgmentagreement ofand restitutionshall, orderingat the residentrequest toof vacate the premisesplaintiff byor ad specifiedm date;:

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 17 - e a n e d r e l u [ A d [his] the plaintiff's attorney, issue a [writ] judgment of restitution ordering the resident to vacate the premises by a specified date;

If the resident does not vacate the premises within the time ordered by the judgment, the court shall issue a writ of restitution directing the sheriff to e t 17 restore possession of the premises to the plaintiff [on a w l n d 18 specified date not less than three nor more than seven days = = 19 a l after entry of judgment].

i a e r 20 B.

Upon a petition for restitution filed by the a t m m 21 resident, if judgment is rendered against the defendant for dh r e 22 restitution of the premises, the court shall, at the request of cu e» sr kt 23h the plaintiff or [his][his ] the plaintiff's attorney, issue a writ g e al ni b 24 of restitution directing the sheriff to restore possession of uh [r i s the premises to the plaintiff within twenty-four hours after .221528.1h -, 18e -h t u g entry of judgment.

e b l e e , gh C.

In cases filed based on nonpayment of rent, if n d d i = = o h at any time prior to entry of judgment or prior to expiration l ] b ,d i a º r of the period set by the court to vacate after entry of judgment,e orr for= anyt longere periodw asd orderedm by the court, a residentn tenderso paymentjudgment, ofor allfor rent,any costs,longer feesperiod and interest accrued as of that date or as ordered by the court, thea petitiond form writ: of restitution shall be dismissed, any judgment shall be vacated and the tenancy shall continue under the rental agreement in place prior to the action by the owner.

b r e t º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 18 - e a n e d r e l u [ A d resident tenders payment of all rent, costs, fees and interest accrued as of that date or as ordered by the court, the petition for writ of restitution shall be dismissed, any judgment shall be vacated and the tenancy shall continue under the rental agreement in place prior to the action by the owner.

APPEAL STAYS EXECUTION.-- e t 17 A.

If either party feels aggrieved by the judgment, w l n d 18 that party may appeal as in other civil actions.

An appeal by = = 19 a l the defendant shall, automatically and without further order of i a e r 20 the court, stay the issuance and execution of any writ of a t m m 21 restitution.

[provided that] After a notice of appeal is d r e 22 filed, no writ of restitution shall be executed except on order ch eg s k 23 of the court entered after the filing date of the appeal.

eo at nhr b 24 B.

In cases in which the resident is the appellant, ug [e i k [the execution of the writ of restitution shall not be stayed .221528.1h -r 19i -s unless] the resident shall, within five days of the filing of h , t, e u g the notice of appeal, [pays][pays ] pay to the owner or into an escrow e b l e e h account with a professional escrow agent an amount equal to the n d d i = = o h rental amount that shall come due from the day following the l ] b ,d i a º e r i = r judgment through the end of that rental period.

The resident t e w d m a n o shall continue to pay the monthly rent established by the rentald agreementm at: the time the complaint was filed, on a monthly basis on the date rent would otherwise become due.

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 19 - e a n e d r e l u [ A d rental agreement at the time the complaint was filed, on a monthly basis on the date rent would otherwise become due.

Upon the failure of the resident or the e t 17 escrow agent to make [a][a ] the first partial payment within five w l n d 18 days of the filing of a notice of appeal or a monthly rent = = 19 a l payment on the first day rent would otherwise be due, the owner i a e r 20 may serve [a three-day]three-day ] an eleven-day written notice on the a t m m 21 resident pursuant to Subsection D of Section 47-8-33 NMSA 1978.

d r e 22 If the resident or the resident's escrow agent fails to pay the c e s k 23 rent within the [three][three ] eleven days, a hearing on the issue eh ag n b 24 shall be scheduled within ten days from the date the court is uo [t hr notified of the failure to pay rent.

In the case of an appeal .221528.1g -e 20i -k de novo, the hearing shall be in the court in which the appeal h r i s will be heard.

If, at the hearing, the court finds that rent h , t, e u g has not been paid, the court shall immediately lift the stay e b l e e h and issue the writ of restitution unless the resident n d d i = = o h demonstrates a legal justification for failing to comply with l ] b ,d i a º e r i = r the rent payment requirement.

t e w d m a n o C.

If an owner refuses or is unavailable to accept ad rentm payment: made pursuant to Subsection B of this section, the court shall permit the resident to pay the necessary amount to be held by the court.

b e d s º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 20 - e a n e d r e l u [ A d a rent payment made pursuant to Subsection B of this section, the court shall permit the resident to pay the necessary amount to be held by the court.

Any bond or deposit shall not be refundable during the pendency of e t 17 any appeal." w l n d 18 SECTION 11.

A new section of the Uniform Owner-Resident = = 19 a l Relations Act is enacted to read:

i a e r 20 "[NEW MATERIAL]MATERIAL ] RENEWAL OF RENTAL AGREEMENT DURING A a t m m 21 DECLARED EMERGENCY.-- d r e 22 A.

In the event of a declaration of an emergency or c e s k 23 disaster issued by the governor or a declaration of an e a n b 24 emergency or disaster by joint resolution of the legislature uh [ that includes quarantine, isolation or social distancing .221528.1u -» 21r -t h measures and a moratorium is issued prohibiting or staying the g e l i issuance of a writ of restitution based on nonpayment of rent, h r i s an owner shall not refuse to renew or seek to terminate any h , e h t u g rental agreement that expires during, or for thirty days after, e b l e e , gh the termination of the declaration of emergency or disaster if n d d i = = o h the residence is located in the geographical region covered by l ] b ,d i a º r e r = the declaration of emergency or disaster, if the owner's t e w d m a n o motivation for seeking to terminate or not renew a tenancy is nonpaymentd ofm rent.:

b r e t º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e - 21 - e a n e d r e l u [ A d nonpayment of rent.

(1) refusing to renew a rental agreement if e t 17 the owner, in good faith, seeks to take possessions of the w l n d 18 property for personal use and occupancy as a primary residence, = = 19 a l or for the personal use and occupancy as a primary residence of i a e r 20 a member of the owner's immediate family;

or a t m m 21 (2) commencing an action for possession d r e 22 pursuant to Subsection A, B or I of Section 47-8-33 NMSA 1978." c e s k 23 SECTION 12.

EMERGENCY.--It is necessary for the public e a n b 24 peace, health and safety that this act take effect immediately.

u [ - 22 - .221528.1h u » r t h g e l i h r i s h , e h t u g e b l e e , gh n d d i = = o h l ] b ,d i a º r e r = t e w d m a n o d m :

b r e t º o t n = .221528.1AIC February 7, 2022 (9:46am) s k m e e a n e d r e l u [ A d