N.M. Admin. Code § 1.5.21.19

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

Section 1.5.21.19 - OCCUPANCY

A.Agency on-site lease monitor: Upon occupancy, the agency shall designate an employee as the agency on-site lease monitor. The agency on-site lease monitor shall be the local liaison with PCD and shall be responsible for at least the following:

(1) compliance of lease terms;

(2) maintenance and janitorial agreements;

(3) internal employee complaints;

(4) monthly inspections; and

(5) maintenance of records of correspondence.

B.Requests to a lessor: All requests to a lessor shall be in writing and refer to specific provisions of the lease.

C.Maintenance: The lessor shall be responsible for interior and exterior maintenance, unless otherwise specified in the lease.

(1)Monthly inspections: The agency should inspect the entire facility monthly using the PCD lease facility inspection form (GSD form) to determine maintenance compliance.

(2)Report: The agency should notify a lessor in writing of any problems and should request that the lessor initiate appropriate action within a specified time frame.

(3)Refusal: If a lessor does not agree to perform required maintenance, the agency shall document in writing the refusal and any reasons given.

(4)Second opportunity: An agency may offer a lessor a second opportunity, if appropriate, and again follow the procedures of 1 NMAC 5.2.19.4.2 [now Paragraph (2) of Subsection D of 1.5.2.19 NMAC].

(5)Failure: If, after written notification, the lessor fails to perform required maintenance, the agency may abate rent, or perform the maintenance and withhold the cost of the maintenance from the lessor, in accordance with the standard New Mexico lease of real property form (GSD form).

D.Legal counsel review: PCD recommends that the agency consult legal counsel before abating rent.

E.PCD notification: The agency shall submit copies to PCD of all correspondence and documents.

N.M. Admin. Code § 1.5.21.19

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