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, §§ 6-27-1 et seq.
ADMINISTRATIVE REQUIREMENTS. The City of Albuquerque Family and Community Services Department's Administrative Requirements and Social Services Contracts Procurement Rules and Regulations, promulgated and approved pursuant to the City of Albuquerque Purchasing Ordinance, as published now and as amended in the future.
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.
AFFORDABLE HOUSING FUNDS. Any or all funds awarded or to be awarded, loaned or otherwise distributed under this article or the Act.
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. Any programs that the city and/or MFA establishes pursuant to the Act and based on the approved city housing plan/housing elements.
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.
AFFORDABILITY PERIOD. 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 |
Homeownership and rental housing acquisition and/or rehabilitation | |
Less Than $15,000 | not less than 5 years |
$15,000 -$40,000 | not less than 10 years |
More than $40,000 | not less than15 years |
More than $100,000 | not less than 20 years |
APPLICANT. An individual; regional or public housing authority; 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 Family and Community Services Department, 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. Infrastructure improvements and infrastructure purposes.
INFRASTRUCTURE IMPROVEMENT shall include, but not be limited to:
(1) Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge;
(2) Drainage and flood control systems;
(3) Water systems for domestic purposes including production, collection, storage, treatment, transport, delivery, connections, and dispersal;
(4) Areas for motor vehicle use for travel, ingress, egress, and parking;
(5) Trails and areas for pedestrian, equestrian, bicycle, or other non-motor vehicle use for travel, ingress, egress, and parking;
(6) Park, recreational facilities, and open space areas for the use of residents for entertainment, assembly, and recreation;
(7) Landscaping, including earthwork, structures, plants, trees and related weather delivery systems;
(8) Electrical transmission and distribution facilities;
(9) Natural gas distribution facilities;
(10) Lighting systems;
(11) Cable or other telecommunications lines and related equipment;
(12) Traffic control systems and devices, including signals, controls, markings, and signs;
(13) Inspection, construction management, and related costs in connection with the furnishing of the items listed in this definition; and
(14) Heating, air conditioning, and weatherization facilities, systems or services, and energy efficiency improvements that are affixed to real property.
INFRASTRUCTURE PURPOSE.
(1) Planning, design, engineering, construction, acquisition, or installation of infrastructure, including the costs of applications, impact fees and other fees, permits, and permits and approvals related to the construction, acquisition, or installation of the infrastructure;
(2) Acquiring, converting, renovating, or improving existing facilities for infrastructure, including facilities owned, leased, or installed by the owner;
(3) Acquiring interests in real property or water rights for infrastructure, including interests of the owner; and
(4) Incurring expenses incident to and reasonably necessary to carry out the purposes specified in this definition.
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, § 58-18-1 through § 58-18-27).
MFA RULES. The New Mexico Mortgage Finance Authority Affordable Housing Act Rules promulgated pursuant to § 6-27-8 NMSA 1978 of the Act.
PERSONS OF LOW TO MODERATE INCOME. One or more persons or a family with a total gross annual income for the household that does not exceed 80% of the area median income adjusted for family size for households within the Albuquerque Metropolitan Statistical Area (MSA) as determined by HUD on an annual basis, and with the following conditions.
(1) PERSONS OF LOW INCOME shall mean persons in households with annual gross incomes below 60% of the area median income for Albuquerque, as approved and published each year by MFA and verified by the city.
(2) PERSONS OF MODERATE INCOME shall mean persons in households with annual gross incomes between 60% and 80% of area median income for Albuquerque as approved and published each year by MFA and verified by the city.
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. 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.