Prohibited conduct in renting of dwelling units.

A. As used in this section: (1) "applicant" means a person who submits an application to rent a dwelling unit to the owner or agrees to act as a guarantor or cosigner on a rental agreement; (2) "dwelling unit" means a structure, mobile home or the part of a structure, including a hotel or motel, that is used as a home, residence or sleeping place by one person who maintains a household or by two or more persons who maintain a common household and includes a parcel of land leased by the owner for use as a site for the parking of a mobile home; (3) "owner" means one or more persons, jointly or severally, in whom is vested all or part of the: (a) legal title to a property, but does not include the limited partner in an association regulated under the Uniform Revised Limited Partnership Act [47-8-1 to 47- 8-52 NMSA 1978]; or (b) beneficial ownership and a right to present use and enjoyment of the premises and agents thereof and includes a mortgagee in possession and the lessors, but does not include a person or persons, jointly or severally, who as owner leases the entire premises to a lessee of vacant land for apartment use; (4) "rent" means payments in currency or in-kind under terms and conditions of the rental agreement for use of a dwelling unit or premises, to be made to the owner by the resident, but does not include deposits; and (5) "rental agreement" means all agreements between an owner and resident and valid rules and regulations adopted pursuant to Section 47-8-23 NMSA 1978 embodying the terms and conditions concerning the use and occupancy of a dwelling unit or premises. B. It is an unfair or deceptive trade practice for an owner to charge a fee to an applicant that is not a screening fee or deposit or that was not published in a listing for rental of a dwelling unit in violation of the Uniform Owner-Resident Relations Act. C. It is an unfair or deceptive trade practice for an owner to charge fees that are not included in the rental agreement in violation of the Uniform Owner-Resident Relations Act.