SB 267 — HOUSING APPLICATION FEES

"roomer" means a person occupying a dwelling SJC/SB 267 Page 4 unit that lacks a major bathroom or kitchen facility in a structure where one or more major facilities are used in common by occupants of the dwelling units.

"screening fee" means a one-time charge that is charged to an applicant by an owner to recoup the owner's cost e t 17 of purchasing a consumer credit report or reference check or w l n d 18 the assistance of a screening service to validate, review or = = 19 otherwise process an application for renting a dwelling unit;

a l i a e r 20 [S.] U.

"single family residence" means a structure a t m m 21 maintained and used as a single dwelling unit.

Notwithstanding d r e 22 that a dwelling unit shares one or more walls with another c e s k 23 dwelling unit, it is a single family residence if it has direct e a n b 24 access to a street or thoroughfare and shares neither heating u [ facilities, hot water equipment nor any other essential .231169.6 - 5 - SJC/SB 267 facility or service with any other dwelling unit;

[T.] V.

"substantial violation" means a violation of the rental agreement or rules and regulations by the resident or occurring with the resident's consent that occurs in the dwelling unit, on the premises or within three hundred feet of the premises and that includes the following conduct, SJC/SB 267 Page 5 which shall be the sole grounds for a substantial violation:

(5) entry into the dwelling unit or vehicle of e t 17 another person without that person's permission and with intent w l n d 18 to commit theft or assault;

= = 19 (6) theft or attempted theft of the property a l i a e r 20 of another person by use or threatened use of force;

or a t m m 21 (7) intentional or reckless damage to property d r e 22 in excess of one thousand dollars ($1,000);

c e s k 23 [U.] W.

"term" is the period of occupancy specified e a n b 24 in the rental agreement;

and u [ [V.] X.

"transient occupancy" means occupancy of a .231169.6 - 6 - SJC/SB 267 dwelling unit for which rent is paid on less than a weekly basis or where the resident has not manifested an intent to make the dwelling unit a residence or household." SECTION 2.

"[NEW"OWNER MATERIAL] OWNER DISCLOSURE TO APPLICANTS.--An owner shall SJC/SB 267 Page 6 disclose to applicants in plain language all costs of a rental agreement in a published listing of the dwelling unit, including the base rent that will be assessed and a description of all fees or charges that will be assessed during the residency, which shall be itemized and readily identifiable in the listing.

A new section of the Uniform Owner-Resident e t 17 Relations Act is enacted to read:

w"DWELLING l n d 18 "[NEW MATERIAL] DWELLING UNIT APPLICANT SCREENING FEE--FEE--PROHIBITED = = 19 PROHIBITED FEES.-- a l i a e r 20 A.

An owner may charge an applicant a screening fee a t m m 21 that shall not exceed fifty dollars ($50.00) to cover the cost d r e 22 of obtaining information about the applicant, including the c e s k 23 cost of a consumer credit report, a reference check or a e a n b 24 screening service;

u [ (1) provides the applicant with written or .231169.6 - 7 - SJC/SB 267 digital notice of the screening fee and the applicant agrees in writing to pay the screening fee;

SJC/SB 267 Page 7 (3) provides the applicant with a written or digital receipt for the screening fee paid by the applicant;

An owner shall return the screening fee within e t 17 thirty calendar days to an applicant if:

w l n d 18 (1) a prior applicant is offered the dwelling = = 19 unit and agrees to enter into a rental agreement;

or a l i a e r 20 (2) the owner does not:

a t m m 21 (a) obtain a consumer credit report;

d r e 22 (b) perform a reference check;

c e s k 23 (c) use a screening service to obtain e a n b 24 information about the applicant;

or u [ (d) process the application.

.231169.6 - 8 - SJC/SB 267 C.

or (3) made available for the applicant to SJC/SB 267 Page 8 retrieve." SECTION 4.

"[NEW"BACKGROUND MATERIAL] BACKGROUND CHECKS.-- A.

An owner shall provide the applicant with a copy e t 17 of any reports used to screen the applicant." w l n d 18 SECTION 5.

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

a"NOTICE l i a e r 20 "[NEW MATERIAL] NOTICE OF FEE CHANGES REQUIRED.--An owner a t m m 21 may increase a fee that is provided pursuant to the terms of a d r e 22 rental agreement by providing written notice at least sixty c e s k 23 days prior to the periodic rental date specified in the rental e a n b 24 agreement or at least sixty days prior to the end of the term u [ of a fixed term residency.

In the case of a periodic residency .231169.6 - 9 - SJC/SB 267 of less than one month, written notice shall be provided at least one rental period in advance of the first fee payment to be increased." SECTION 6.

SJC/SB 267 Page 9 "47-8-15.

The date e t 17 of one month to the same date of the following month shall w l n d 18 constitute a term of one month.

= = 19 C.

Unless the rental agreement fixes a definite a l i a e r 20 term, the residency is week-to-week in the case of a person who a t m m 21 pays weekly rent and in all other cases month-to-month.

d r e 22 D.

If the rental agreement provides for the c e s k 23 charging of a late fee and if the resident does not pay rent in e a n b 24 accordance with the rental agreement, the owner may charge the u [ resident a late fee in an amount not to exceed [ten] five .231169.6 - 10 - SJC/SB 267 percent of the [total rent payment] rent for each rental period that the resident is in default.

To assess a late fee, the owner shall provide notice of the late fee SJC/SB 267 Page 10 charged no later than the last day of the next rental period immediately following the period in which the default occurred.

An owner may increase the rent payable by the resident in a month-to-month residency by providing written notice to the resident of the proposed increase at least thirty e t 17 days prior to the periodic rental date specified in the rental w l n d 18 agreement or, in the case of a fixed term residency, at least = = 19 thirty days prior to the end of the term.

In the case of a a l i a e r 20 periodic residency of less than one month, written notice shall a t m m 21 be provided at least one rental period in advance of the first d r e 22 rental payment to be increased.

c e s k 23 G.

Unless agreed upon in writing by the owner and e a n b 24 the resident, a resident's payment of rent may not be allocated u [ to any deposits or damages." .231169.6 - 11 - SJC/SB 267 SECTION 7.

PREVAILING PARTY RIGHTS IN [LAWLAWSUIT--PRIVATE SUIT] LAWSUIT--[CIVIL PENALTIES] PRIVATE ENFORCEMENT.-- A.

If suit is brought by an applicant or any party SJC/SB 267 Page 11 to the rental agreement to enforce the terms and conditions of the rental agreement or to enforce any provisions of the Uniform Owner-Resident Relations Act, the prevailing party shall be entitled to reasonable attorneys' fees and court costs to be assessed by the court.

[B.C.

Any]An C.owner who violates a provision of Section 47-8-36 or 47-8-39 NMSA 1978 shall be liable for two times the amount of the monthly rent.

AnD. owner who violates a provision of Section 47-8-36 or 47-8-39 NMSA 1978 shall be [subject to a civil penalty equal to] liable for two times the amount of the e t 17 monthly rent.

wA lresident nwho dintentionally 18violates [C.a provision of Subsection F of Section 47-8-22 NMSA 1978 shall be liable for two times the amount of the monthly rent." SECTION 8.

Any]Section D.57-12-2 NMSA 1978 (being Laws 1967, Chapter 268, Section 2, as amended) is amended to read:

A"57-12-2. resident who intentionally violates = = 19 a provision of Subsection F of Section 47-8-22 NMSA 1978 shall a l i a e r 20 be [subject to a civil penalty equal to] liable for two times a t m m 21 the amount of the monthly rent." d r e 22 SECTION 8.

SectionDEFINITIONS.--As 57-12-2used NMSAin 1978the (beingUnfair LawsPractices 1967,Act: c e s k 23 Chapter 268, Section 2, as amended) is amended to read:

eA. a n b 24 "57-12-2.

DEFINITIONS.--As used in the Unfair Practices u [ Act:

.231169.6 - 12 - SJC/SB 267 A.

"seller-initiated telephone sale" means a sale, lease or rental of goods or services in which the seller or the seller's representative solicits the sale by telephoning SJC/SB 267 Page 12 the prospective purchaser and in which the sale is consummated entirely by telephone or mail, but does not include a transaction:

1635, or regulations issued e t 17 pursuant thereto;

w l n d 18 C.

"trade" or "commerce" includes the advertising, = = 19 offering for sale or distribution of any services and any a l i a e r 20 property and any other article, commodity or thing of value, a t m m 21 including any trade or commerce directly or indirectly d r e 22 affecting the people of this state;

c e s k 23 D.

"unfair or deceptive trade practice" means an e a n b 24 act specifically declared unlawful pursuant to the Unfair u [ Practices Act, a false or misleading oral or written statement, .231169.6 - 13 - SJC/SB 267 visual description or other representation of any kind knowingly made in connection with the sale, lease, rental or loan of goods or services or in the extension of credit or in the collection of debts by a person in the regular course of the person's trade or commerce, that may, tends to or does deceive or mislead any person and includes:

(1) representing goods or services as those SJC/SB 267 Page 13 of another when the goods or services are not the goods or services of another;

(4) using deceptive representations or e t 17 designations of geographic origin in connection with goods or w l n d 18 services;

= = 19 (5) representing that goods or services have a l i a e r 20 sponsorship, approval, characteristics, ingredients, uses, a t m m 21 benefits or quantities that they do not have or that a person d r e 22 has a sponsorship, approval, status, affiliation or connection c e s k 23 that the person does not have;

e a n b 24 (6) representing that goods are original or u [ new if they are deteriorated, altered, reconditioned, .231169.6 - 14 - SJC/SB 267 reclaimed, used or secondhand;

(9) offering goods or services with intent SJC/SB 267 Page 14 not to supply them in the quantity requested by the prospective buyer to the extent of the stock available, unless the purchaser is purchasing for resale;

e t 17 (12) making false or misleading statements of w l n d 18 fact for the purpose of obtaining appointments for the = = 19 demonstration, exhibition or other sales presentation of goods a l i a e r 20 or services;

a t m m 21 (13) packaging goods for sale in a container d r e 22 that bears a trademark or trade name identified with goods c e s k 23 formerly packaged in the container, without authorization, e a n b 24 unless the container is labeled or marked to disclaim a u [ connection between the contents and the trademark or trade .231169.6 - 15 - SJC/SB 267 name;

(16) stating that services, replacements or SJC/SB 267 Page 15 repairs are needed if they are not needed;

[or] (19) offering or providing unposted or unadvertised pricing or service based on the buyer's gender or perceived gender identity;

provided, however, that this provision does not apply to persons regulated by the office of e t 17 superintendent of insurance pursuant to the New Mexico w l n d 18 Insurance Code;

[and] or = = 19 (20) charging an applicant a fee in violation a l i a e r 20 of the Uniform Owner-Resident Relations Act;

and a t m m 21 E.

"unconscionable trade practice" means an act or d r e 22 practice in connection with the sale, lease, rental or loan, or c e s k 23 in connection with the offering for sale, lease, rental or e a n b 24 loan, of any goods or services, including services provided by u [ licensed professionals, or in the extension of credit or in the .231169.6 - 16 - SJC/SB 267 collection of debts that to a person's detriment:

"[NEWSJC/SB MATERIAL]267 PROHIBITEDPage 16 "PROHIBITED CONDUCT IN RENTING OF DWELLING UNITS.-- A.

(2) "dwelling unit" means a structure, mobile home or the part of a structure, including a hotel or motel, e t 17 that is used as a home, residence or sleeping place by one w l n d 18 person who maintains a household or by two or more persons who = = 19 maintain a common household and includes a parcel of land a l i a e r 20 leased by the owner for use as a site for the parking of a a t m m 21 mobile home;

d r e 22 (3) "owner" means one or more persons, jointly c e s k 23 or severally, in whom is vested all or part of the:

e a n b 24 (a) legal title to a property, but does u [ not include the limited partner in an association regulated .231169.6 - 17 - SJC/SB 267 under the Uniform Revised Limited Partnership Act;

(4) "rent" means payments in currency or in-kind under terms and conditions of the rental agreement SJC/SB 267 Page 17 for use of a dwelling unit or premises, to be made to the owner by the resident, but does not include deposits;

e t 17 B.

It is an unfair or deceptive trade practice for w l n d 18 an owner to charge a fee to an applicant that is not a = = 19 screening fee or deposit or that was not published in a listing a l i a e r 20 for rental of a dwelling unit in violation of the Uniform a t m m 21 Owner-Resident Relations Act.

d r e 22 C.

It is an unfair or deceptive trade practice for c e s k 23 an owner to charge fees that are not included in the rental e a n b 24 agreement in violation of the Uniform Owner-Resident Relations u [ Act." .231169.6SJC/SB -267 Page 18 -25