N.M. Admin. Code § 17.5.410.16

Current through Register Vol. 35, No. 23, December 10, 2024

Section 17.5.410.16 - RESIDENTIAL SECURITY DEPOSITS OR GUARANTEES

A. A utility may not require a security deposit or other guarantee of payment as a condition of new or continued service to a residential customer except in the case of service:

(1) to a residential customer who has not previously had utility service with the utility and who has not established an acceptable credit rating;

(2) to a residential customer who has on three or more occasions, within a 12-month period, received a final notice;

(3) as a condition for reconnection of service following discontinuance of service by the utility; and

(4) to a residential customer who in an unauthorized manner has interfered with or diverted the service of the utility situated on or about or delivered to the residential customer's premises.

B. If a residential customer or prospective residential customer can demonstrate to the utility that the residential customer does not have adequate financial resources to pay the security deposit and the residential customer meets the qualifications of LIHEAP, or is subject to other special circumstances, the utility shall give special consideration to such a residential customer in determining whether or in what amount a security deposit will be charged or if payment by an installment agreement is appropriate. In making such determination, a utility shall accept documentation from the administering authority that such residential or prospective residential customer meets the qualifications of LIHEAP.

N.M. Admin. Code § 17.5.410.16

17.5.410.16 NMAC - Rp, 17.5.410.16 NMAC, 7-1-11; A, 3-29-13