2019 New Mexico Statutes
Chapter 6 - Public Finances
Article 27 - Affordable Housing Act
Section 6-27-7 - Requirement for enactment of an ordinance by a county or a municipality and review by the authority authorizing housing assistance grants.

A. A county or municipality may provide housing assistance grants pursuant to Article 9, Section 14 of the constitution of New Mexico after enactment by its governing body of an ordinance authorizing grants stating the requirements of and purposes of the grants. The ordinance may provide for matching or using local, private or federal funds either through direct participation with a federal agency pursuant to federal law or through indirect participation through programs of the authority. No less than forty-five days prior to enactment, the county or municipality shall submit a proposed ordinance to the authority, which shall review the proposed ordinance to ensure compliance with rules promulgated by the authority pursuant to Section 6-27-8 NMSA 1978. Within fifteen days after enactment of the ordinance, the county or municipality shall submit a certified true copy of the ordinance to the authority. The governing body of the county or municipality shall authorize the transfer or disbursement of housing assistance grant funds only after the qualifying grantee has submitted a budget to the governing body and the governing body has approved the budget.

B. A school district may transfer land or buildings owned by the school district to a county or municipality to be further granted as part or all of an affordable housing grant if the school district and the governing body of the county or municipality enter into a contract that provides the school district with a negotiated number of affordable housing units that will be reserved for employees of the school district.

C. The governing board of a public post-secondary educational institution may transfer land or buildings owned by that institution to a county or municipality; provided that:

(1) the property transferred shall be granted by the county or municipality as part or all of an affordable housing grant; and

(2) the governing board of the public post-secondary educational institution and the governing body of the county or municipality enter into a contract that provides the public post-secondary educational institution with affordable housing units.

D. Agencies or instrumentalities of the state may provide housing assistance grants pursuant to Article 9, Section 14 of the constitution of New Mexico in accordance with rules promulgated by the authority.

E. The authority may provide housing assistance grants pursuant to Article 9, Section 14 of the constitution of New Mexico in accordance with rules promulgated by the authority.

History: Laws 2004, ch. 104, § 7; 2007, ch. 49, § 3; 2015, ch. 69, § 7.

The 2015 amendment, effective July 1, 2015, removed the requirement of adopting a resolution placed on the governing body of the authority authorizing housing assistance grants; in the catchline, after "grants", deleted "requirement for adoption of a resolution by the governing body of the authority authorizing housing assistance grants"; in Subsection A, after "purposes of the grants", deleted "and authorizing transfer or disbursement to a qualifying grantee only after a budget is submitted to and approved by the governing body", and after "ordinance to the authority", added the remainder of the subsection; added a new Subsection D and redesignated former Subsection D as Subsection E; in Subsection E, after "New Mexico", deleted the remainder of the subsection and added "in accordance with rules promulgated by the authority"; and deleted former Subsection E.

The 2007 amendment, effective June 15, 2007, required review by the authority of ordinances authorizing housing assistance grants.