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AN ACT

RELATING TO PROPERTY; CHANGING THE RIGHTS AND RESPONSIBILITIES

OF OWNERS AND RESIDENTS; PROVIDING PROCEDURES FOR HANDLING

SECURITY DEPOSITS AND PERSONAL PROPERTY OF A DECEASED

RESIDENT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Uniform Owner-Resident

Relations Act is enacted to read:

"PERSONAL PROPERTY AND SECURITY DEPOSIT OF DECEASED

RESIDENT--CONTACT PERSON.--

A. As used in this section, "contact person" means

the person designated by a resident in writing as the person

to contact and release property to in the event of the

resident's death.

B. The owner may request in writing, including by

a requirement in the rental agreement, that the resident:

(1) provide the owner with the name, address

and telephone number of a contact person; and

(2) sign a statement authorizing the owner

in the event of the resident's death to:

(a) grant the contact person access to

the dwelling unit at a reasonable time and in the presence of

the owner or the owner's agent;

(b) allow the contact person to remove

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the resident's property from the dwelling unit; and

(c) refund the resident's security

deposit, less lawful deductions, to the contact person.

C. A resident may, without request from the owner,

provide the owner with the name, address and telephone number

of a contact person.

D. Except as provided in Subsection E of this

section, in the event of the death of a resident who is the

sole occupant of a rental dwelling, the owner:

(1) shall turn over possession of property

in the dwelling unit to the contact person or to any other

person lawfully entitled to the property if the request is

made prior to the property being discarded pursuant to

Paragraph (5) of this subsection;

(2) shall refund the resident's security

deposit, less lawful deductions, including the cost of

removing and storing the property, to the contact person or to

any other person lawfully entitled to the refund;

(3) may remove and store all property found

in the dwelling unit;

(4) may require any person who removes

property from the resident's dwelling unit to sign an

inventory of the property being removed; and

(5) may discard property removed by the

owner from the resident's dwelling unit if:

(a) the owner has mailed a written

request by certified mail, return receipt requested, to the

contact person, requesting that the property be removed;

(b) the contact person failed to remove

the property within thirty days after the request is mailed;

and

(c) the owner, prior to the date of

discarding the property, has not been contacted by anyone

claiming the property.

E. An owner and a resident may agree to a

procedure different than the procedure in this section for

removing, storing or disposing of property in the dwelling

unit of a deceased resident in a written rental agreement or

other agreement.

F. If, after a written request by an owner, a

resident does not provide the owner with the name, address and

telephone number of a contact person, the owner shall have no

responsibility after the resident's death for removal,

storage, disappearance, damage or disposition of property in

the resident's dwelling.

G. An owner who violates Subsection D of this

section shall be liable to the estate of the deceased resident

for actual damages."

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