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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.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Affordable Housing Act, NMSA 1978, Section 6-27-1 et seq.
ADMINISTRATIVE REQUIREMENTS. The City of Albuquerque Family and Community Services Department's Administrative Requirements for Social Services Contracts, promulgated and approved pursuant to the City of Albuquerque Purchasing Ordinance, as published now and as amended in the future.
AFFORDABILITY PERIOD.
(1) For homebuyer and rental projects, the length of the affordability period depends on the amount of the investment in the property and the nature of the activity funded. The table below provides the affordability periods:
Activity | Investment per Unit | Minimum Length of the Affordability Period |
Activity | Investment per Unit | Minimum Length of the Affordability Period |
Homeownership and rental housing acquisition and/or rehabilitation | Less Than $15,000 | 5 Years |
$15,000 -$40,000 | 10 Years | |
More than $40,000 | 15 Years | |
More than $100,000 | 20 years | |
New construction of rental housing | Any $ | 20 Years |
Refinancing of rental housing | Any $ | 15 Years |
More than $100,000 | 20 years | |
(2) For workforce housing funds all of the services required in the development agreement shall be continued for 90 years from the completion of the project ("affordable period") with a renewable 90 years after the first Affordability Period.
AFFORDABLE. Consistent with minimum rent and/or income limitations set forth in the MFA Act, and in guidelines established by the MFA.
AFFORDABLE HOUSING. Residential housing primarily for persons or households of low or moderate income and whose monthly housing costs do not exceed 30% of the household's gross monthly income.
AFFORDABLE HOUSING FUNDS. Any or all funds awarded or to be awarded, loaned or otherwise distributed under this ordinance for payment of the costs of infrastructure for affordable housing under an affordable housing plan.
AFFORDABLE HOUSING PLAN or PLAN. A plan pursuant to the Affordable Housing Program that contemplates one or more affordable housing projects, which may be developed in one or more phases.
AFFORDABLE HOUSING PROGRAM or PROGRAM. The program the city establishes pursuant to this ordinance or the Plan.
AFFORDABLE HOUSING PROJECT or PROJECT. Any work or undertaking, whether new construction, acquisition of existing residential housing, remodeling, improvement, rehabilitation or conversion, which may be undertaken in one or more phases, as part of an affordable housing plan, as approved by the city and/or the MFA for the primary purposes as allowed by the Act.
APPLICANT. An individual; a governmental housing agency; a for-profit organization, including a corporation, limited liability company, partnership, joint venture, syndicate or association or a nonprofit organization meeting the appropriate criteria of the city.
BUILDING. A structure capable of being renovated or converted into affordable housing or a structure that is to be demolished and is located on land donated for use in connection with an affordable housing project.
CITY. The City of Albuquerque, New Mexico, a unit of local government under the Constitution and laws of the State of New Mexico.
CONGREGATE HOUSING FACILITY. Residential housing designed for occupancy by more than five persons of low or moderate income living independently of each other. The facility may contain group dining, recreational, health care or other communal living facilities. Each unit in a congregate housing facility shall contain at least its own living, sleeping, and bathing facilities.
DEPARTMENT. The Department of Family and Community Services, or its successor department, as determined by the Mayor.
FEDERAL GOVERNMENT. The United States of America and any agency or instrumentality corporate or otherwise of the United States of America.
HOUSEHOLD. One or more persons occupying a housing unit.
HOUSING ASSISTANCE GRANT. The donation, provision, or payment by the city of:
(1) Land upon which the affordable housing will be constructed; or
(2) An existing building that will be renovated, converted, or demolished and reconstructed as affordable housing; or
(3) The costs of acquisition, development, construction, financing, and operating or owning affordable housing; or
(4) The costs of financing of infrastructure necessary to support affordable housing.
HUD. The United States Department of Housing and Urban Development.
INFRASTRUCTURE. Includes but is not limited to improvements such as sanitary sewage or water systems, drainage and flood control systems, roads and parking, trails and parks, landscaping, electrical and natural gas facilities, cable and telecommunications facilities, lighting systems, and traffic control systems. Infrastructure shall also include the costs and activities reasonably necessary to construct such improvements, including acquisition costs, demolition or rehabilitation of existing infrastructure, planning, engineering design, construction management, and inspection costs.
MFA. The New Mexico Mortgage Finance Authority.
MFA ACT. The Mortgage Finance Authority Act, enacted as Chapter 303 of the Laws of 1975 of the State of New Mexico, as amended (NMSA 1978, Sections 58-18-1 through 58-18-27).
MFA RULES. The New Mexico Mortgage Finance Authority Affordable Housing Act Rules promulgated pursuant to Section 6-27-8 NMSA 1978 of the Act.
PERSONS OF LOW TO MODERATE INCOME. Persons and families within the City of Albuquerque who earn up to 50% of the area median income. For purposes of this definition, the word "households" shall mean a group of persons consisting of, but not limited to, the head of household; his or her spouse, if any, and children, if any, who are allowable as personal exemptions for federal income tax purposes.
POLICIES AND PROCEDURES. Policies and procedures of the MFA, including but not limited to, mortgage loan purchasing, selling, servicing and reservation procedures, which the MFA may update and revise from time to time as the MFA deems appropriate.
QUALIFYING GRANTEE.
(1) An individual who is qualified to receive assistance pursuant to the Act and is processed and approved by the city in accordance with the Administrative Requirements and the Rules and Regulations; and
(2) A governmental housing agency, regional housing authority, corporation, limited liability company, partnership, joint venture, syndicate, association or nonprofit organization that is (a) organized under the state or local laws and can provide proof of such organization; and (b) if a nonprofit, has no part of its earnings inuring to the benefit of any member, founder, contributor, or individual; and (c) is approved by the city in accordance with the Administrative Requirements and the Rules and Regulations.
RECERTIFICATION. The recertification of applicants and/or qualifying grantees participating in any affordable housing programs or in any programs under the Act as determined necessary from time to time by the city and/or the MFA.
REHABILITATION. The substantial renovation or reconstruction of an existing single-family residence or a "Multi-Family Housing Project", which complies with requirements established by the city. REHABILITATION shall not include routine or ordinary repairs, improvements or maintenance, such as interior decorating, remodeling or exterior painting, except in conjunction with other substantial renovation or reconstruction.
RESIDENTIAL HOUSING. Any building, structure or portion thereof that is primarily occupied, or designed or intended primarily for occupancy, as a residence by one or more households and any real property that is offered for sale or lease for the construction or location thereon of such a building, structure or portion thereof. RESIDENTIAL HOUSING includes congregate housing, manufactured homes and housing intended to provide or providing transitional or temporary housing for homeless persons.
RESIDENTIAL USE. Shall mean that the structure or the portion of the structure to benefit from the affordable housing funds or housing assistance grant, is designed primarily for use as the principal residence of the occupant or occupants and shall exclude vacation or recreational homes.
RFP. Any request for proposal or request for qualifications made by the city.
RULES AND REGULATIONS. The City of Albuquerque Family and Community Services Department Social Services Contracts Procurement Rules and Regulations promulgated and approved pursuant to the City of Albuquerque Purchasing Ordinance, Chapter 5, Article 5 ROA1994, as published now and as amended in the future.
STATE. The State of New Mexico.
(A) The city may make housing assistance grants, improve Infrastructure, or provide affordable housing funds, by City Council resolution, for affordable housing projects.
(B) This ordinance is created and shall be administered in accordance with the Act and in accordance with the MFA Rules. All affordable housing contributions authorized by this ordinance will be in compliance with the Act and Plan and any recipients of all such contributions will comply with the ordinance, Administrative Requirements, and Rules and Regulations.
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