2019 New Mexico Statutes
Chapter 3 - Municipalities
Article 45 - Municipal Housing
Section 3-45-5 - Creation of authority.

A. Every city, in addition to other powers conferred by the Municipal Housing Law, shall have power and is authorized, by proper resolution of its governing body, to create an authority to be known as the "housing authority" of the city as a public body politic and corporate separate from the city. The city may delegate to the authority the power to construct, maintain, operate and manage any housing project or affordable housing programs of the city and may delegate to the authority any or all of the powers conferred on the city by the Municipal Housing Law.

B. When the governing body of a city adopts a resolution pursuant to Subsection A of this section:

(1) the mayor shall appoint three, five or seven persons as commissioners of the authority as follows:

(a) at least three commissioners if the municipality is a village, town or county that does not contain a metropolitan statistical area as defined by the United States census; or

(b) at least five but no more than seven commissioners if the municipality is a city or a county that contains a metropolitan statistical area as defined by the United States census; and

(2) the commissioners who are first appointed shall be designated to serve staggered terms of one to five years from the date of their appointment, depending on the size of the authority. Thereafter, commissioners shall be appointed for a term of office of five years, except that all vacancies shall be filled for the unexpired term. A commissioner of an authority shall not hold any other office or employment of the city for which the authority is created. A commissioner shall hold office until a successor has been appointed and has qualified, unless sooner removed according to law. A commissioner may serve two or more successive terms of office. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk, and the certificate shall be conclusive evidence of the due and proper appointment of the commissioner. A commissioner shall receive no compensation for services for the authority in any capacity, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of duties.

C. Two or more cities joined together pursuant to Subsection B of Section 3-45-4 NMSA 1978 shall establish their commissioners in accordance with Subsection B of this section, except that each city shall have equitable representation on the commission. The commissioners representing each city shall be appointed by the mayor of the city.

D. Any powers delegated by a city to an authority shall be vested in the commissioners of the authority in office from time to time. A majority of commissioners shall constitute a quorum of the authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the authority upon a vote of a majority of the commissioners present. The commission shall organize itself at its annual meeting each even-numbered year. Any city creating a housing authority may authorize the authority to employ a secretary, who shall be executive director and who shall be removable only for cause. With the delegated authority from the commission, the executive director may hire or terminate, according to the procurement and personnel policies and procedures of the authority, technical experts and such other officers, attorneys, agents and employees, permanent and temporary, as the authority may require; determine their qualifications, duties and compensation; and delegate to one or more of them such powers or duties as the authority may deem proper.

History: 1953 Comp., § 14-46-5, enacted by Laws 1965, ch. 300; 1989, ch. 50, § 2; 2009, ch. 226, § 5; 2014, ch. 60, § 2.

The 2014 amendment, effective July 1, 2014, provided for flexibility in the number of commissioners that may be appointed; in Subsection A, in the first sentence, after "to create", deleted "as an agent of the city", after "housing authority of the city", deleted "the housing authority of the city may constitute a public body corporate" and added "as a public body politic and corporate separate from the city"; in Subsection B, Paragraph (1), after "appoint", deleted "five" and added "three, five or seven", and after "authority", deleted "created as agent for the city" and added "as follows"; in Subsection B, Paragraph (1), added Subparagraphs (a) and (b); in Subsection B, Paragraph (2), in the first sentence, after "designated to serve", deleted "for terms of one, two, three, four and five years, respectively" and added "staggered terms of one to five years", and after "their appointment", deleted "but" and added "depending on the size of the authority"; and in Subsection D, in the second sentence, deleted "Three" and added "A majority of".

The 2009 amendment, effective April 7, 2009, in Subsection A, in the third sentence, after "housing project", added "or affordable housing programs"; added Subsection C; and in Subsection D, at the beginning of the sixth sentence, replaced the language before "technical experts".

The 1989 amendment, effective June 16, 1989, in Subsection A, added the second sentence and deleted "except the powers to issue bonds and acquire real property" at the end of the third sentence; in Subsection B, added the fifth sentence; in Subsection C, rewrote the fourth sentence, which formerly read: "The mayor shall designate which of the commissioners shall be chairman and vice chairman, respectively", and inserted "and who shall be removable only for cause" in the fifth sentence; and made minor stylistic changes throughout the section.

Nature of authority. — A housing authority is an agent and an instrumentality of the creating municipality. 1969 Op. Att'y Gen. No. 69-138.

Municipal housing authority agency of city. — A municipal housing authority is designated by statute as an agency of a city, and N.M. Const., art. IV, § 28 applies to any interest a legislator may have in a contract with the housing authority authorized by law during his term. 1989 Op. Att'y Gen. No. 89-34.

Power to appoint commissioners. — The power to appoint commissioners is granted to the mayor notwithstanding whether the municipality has a commission, commission-manager or mayor-council form of government. 1963 Op. Att'y Gen. No. 63-02.

Residency requirement. — The members of an authority must be residents of the political subdivision for which they are appointed because of the requirement of N.M. Const., art. V, § 13. 1969 Op. Att'y Gen. No. 69-138.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Housing Laws and Urban Redevelopment §§ 10, 11.

Suability, and liability, for torts, of public housing authority, 61 A.L.R.2d 1246.