Section 26.06 - Adjustment Procedures(1) A customer or a company may request an adjustment to a new or existing security deposit at any time, provided, however, that any such adjustment shall not be requested more often than once in any consecutive 12-month period. A customer must demonstrate that the history of usage is different from that used by the company to calculate the deposit. A company must demonstrate that the customer's usage is different from that originally used to calculate the deposit.(2) Any adjustment made pursuant to 220 CMR 26.06 shall not cause the holding period to begin anew for purposes of refunding any deposit.(3) The Department, after review of the circumstances of each case, may order an adjustment to any security deposit if it determines that such security deposit is unreasonable, provided that any adjustment sought pursuant to 220 CMR 26.06 shall be subject to the following procedures: (a) A customer shall notify a company of the request for an adjustment to the security deposit by mail or in person. The company shall review the requested adjustment and make a decision on the matter within 14 days.(b) A company may seek an adjustment by notifying a customer that said company intends to adjust the security. Said notification shall be in writing and shall contain the amount of the adjustment and the reasons for the adjustment.(c) If a customer disputes the company's requested adjustment, the customer shall notify the Consumer Division of the Department in writing of such dispute and the reasons therefor. A representative of the Consumer Division shall notify the Company and thereafter shall conduct an investigation. Such investigation shall include an opportunity for each side in the dispute to be heard and may include a pre-hearing conference. Such a hearing shall not be construed as an "adjudicatory proceeding" as defined by M.G.L. c. 30A. The Consumer Division representative shall rule on the matter and notify the customer and the company of his decision and of the right to appeal the decision to the Department for an adjudicatory proceeding as defined by M.G.L. c. 30A. Such appeal must be filed in writing with the Secretary of the Department within seven days of the decision by the Consumer Division representative.
Amended by Mass Register Issue 1347, eff. 9/8/2017.