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In all city land use actions that will result in the displacement of tenants, subject to federal and state law as appropriate, the applicant is required to notify the residents affected by first-class mail at least two weeks prior to the public hearing on the action. If names of tenants impacted by displacement cannot be readily obtained in a city directory, the applicant may address tenants as "resident" in required notifications.
(Ord. 30-2006; Am. Ord. 2019-016)
The Department of Family and Community Services or its successor, or another city department as designated by the Mayor, shall establish rules and regulations to provide for implementation of this article. The Mayor shall publish a draft of the rules and regulations for public comment within 120 days of the adoption of the Workforce Housing Plan.
(Ord. 30-2006; Am. Ord. 2019-016)
Sections 14-9-8 through 14-9-15 of this article may be cited as the Affordable Housing Opportunity Ordinance ("Ordinance").
(A) The City of Albuquerque, New Mexico (the "City") is a municipal corporation duly organized and existing under the laws of the State of New Mexico (the "state"); and
(B) Under the exception to the "anti-donation" clause as set forth in Article IX, Section 14 of the New Mexico Constitution, the City of Albuquerque is not prohibited from donating land it owns for the construction of affordable housing on the property; donating an existing building owned by the City of Albuquerque for conversion and/or renovation into affordable housing; or providing or paying the cost of infrastructure necessary to afford affordable housing projects; and
(C) The Affordable Housing Act, NMSA 1978 Sections 6-27-1 et seq. (the "Act") implements the provisions of Subsections E and F of Section 14 of Article 9 of the New Mexico Constitution; and
(D) The New Mexico Mortgage Finance Authority ("MFA"); has reviewed and approved the form and terms of this ordinance prior to the final adoption hereof.
(A) To establish procedures to ensure that City housing assistance to grantees are qualifying grantees who meet the requirements of the Act, this ordinance, and rules promulgated pursuant to such legislation both at the time of the award and throughout the term of any grant or loan under the Program; and
(B) To require long-term affordability of the City's Affordable Housing Projects so that a project cannot be sold shortly after completion and taken out of the affordable housing market to ensure a quick profit for the qualifying grantee; and
(C) To require the City to enter into a contract with the Qualifying Grantee consistent with the Act, which contract shall include remedies and default provisions in the event of the unsatisfactory performance by the qualifying grantee and which contract shall be subject to the review of the MFA in its discretion; and
(D) To require that a grant or loan for the project must impose a contractual obligation on the Qualifying Grantee that the affordable housing units in the project be occupied by persons of Low or Moderate income; and
(E) To provide for adequate security against the loss of public funds or property in the event that the Qualifying Grantee abandons or otherwise fails to complete the project; and
(F) To require review and approval of the housing plan project budget by the City before any expenditure of grant funds or transfer of granted property; and
(G) To require that a condition of grant or loan approval be proof of compliance with all applicable State and local laws, rules, and Ordinances; and
(H) To provide definitions for "low-income and moderate-income" and setting out requirements for the verification of income levels; and
(I) To provide the City with a valid affordable housing program; and
(J) To require that the City have an existing valid affordable housing plan or housing elements contained in a valid plan prior to authorizing a housing assistance grant; and
(K) To require the Department to promulgate and follow Administrative Requirements and Rules and Regulations to implement this ordinance, including but not limited to further describing application requirements, procedures, and evaluations.
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