N.M. Admin. Code § 1.5.21.17

Current through Register Vol. 35, No. 24, December 23, 2024

Section 1.5.21.17 - MONTH-TO-MONTH TENANCIES AND OPTIONS-TO-RENEW

A.Month-to-month tenancies: Whenever the agency requires a month-to month tenancy because the agency is unable to complete the RFP process in a timely manner, the agency shall request and receive written approval for a month-to-month tenancy from PCD. Term: No month-to-month tenancy shall exceed six (6) months from the date of expiration of a lease without the agency beginning the RFP process, unless the agency has submitted and PCD has approved a written justification.

B.Options-to-renew: The agency with an option-to-renew in its lease may renew the lease upon approval by PCD which may include building code compliance and accessibility. If PCD disapproves a building for failure to meet any requirement, the agency shall solicit proposals as required by this rule.

(1)Requests: In order to exercise an option-to-renew, the agency shall submit a written request to PCD which certifies that the existing lease continues to meet the requirements of the agency. Approved record drawings shall be submitted if they are not on file with PCD.

(2)Time frame: The agency shall submit a written request to PCD six (6) months prior to expiration of the lease for review of the request.

(3)Approval: Upon approval by the PCD director, an agency shall notify the lessor at least thirty (30) days prior to the expiration of its lease that the agency is exercising its option-to-renew.

(4)Insurance: When the agency exercises an option-to-renew, the lessor shall submit an updated certificate of insurance to PCD.

N.M. Admin. Code § 1.5.21.17

12/31/98; Recompiled 11/30/01