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(A) The policy for tuition assistance is hereby amended to allow tuition assistance funds to be used for employees pursuing a degree that is job-related and at a level no higher than a Master's degree.
(B) Employees pursuing undergraduate degrees shall continue to be given priority when allocating tuition assistance funds.
(Res. 102-1996, approved 9-9-96)
(A) It shall be the policy of the city that collective bargaining agreements with city employee unions may include fair share provisions if at least 50% of the recognized bargaining unit are union members. Fair share provisions may require as a condition of city employment that every permanent, non-probationary employee in a recognized bargaining unit pay a fair share fee. The fair share fee shall be an employee's proportionate share of the union's costs of negotiating and administering the collective bargaining agreement and adjusting the grievances and disputes of bargaining unit employees.
(B) Any collective bargaining agreement which contains a fair share provision shall provide:
(1) Any contract provisions negotiated pursuant to this section shall fully comply with all state and federal constitutional requirements.
(2) The signatory union will indemnify and hold the city harmless from any claim or challenge to a fair share provision or the imposition of a fair share fee.
(Res. 126-1996, approved 11-12-96)
(A) A City employee called to active military duty shall accrue vacation and sick leave at the same accrual rate as if the employee was not on active military duty.
(B) This accrual will continue while the employee serves on active military duty and until the employee returns to City employment at which time he or she will resume accruing leave as a regular City employee.
(C) A City employee called to active military duty between September 12, 2001 and October 1, 2004 shall retroactively accrue vacation and sick leave at the same accrual rate as if the employee had not been on active military duty.
(1) This division (C) shall apply only to current City employees having served on active military duty since September 12, 2001.
(2) Retroactive sick and vacation leave accrual not be converted to cash upon the completion of the person's employment with the City of Albuquerque.
(Res.101-2004, approved 10-1-04; Am. Res. R-2005-110, approved 7-15-05)
Section
3-4-1 Community development block grant housing rehabilitation loan program guidelines
3-4-2 Housing policies addressing the needs of low-income and physically disabled and mentally handicapped persons
3-4-3 Affordable housing policy
3-4-4 Ten-year comprehensive neighborhood development plan for housing and economic development in the pocket of poverty
Cross-reference:
(A) General Loan Funds. General Housing and Community Development Loan Funds are derived from Federal and State sources.
(B) Approval. That "Exhibit A" to Resolution No. 88-2001, the Community Development Block Grant Housing Rehabilitation Loan Program including the "Pilot" Eligibility Category to leverage City funds and which will be tested for one year to determine if it should become permanent, is adopted for use by the city.
(C) Housing Advisory and Appeals Committee. The same Housing Advisory and Appeals Committee ("HAAC") established in the Housing Code shall continue to have, in addition to the authority, functions, and procedures provided therein, the following duties and responsibilities as established by previous Resolutions:
(1) Advise and provide guidance to the staff of the Department of Family and Community Services in the areas of the Housing Rehabilitation Program and Planning Housing Code Enforcement.
(2) Make recommendations to the Mayor, Chief Administrative Officer and City Council in said areas.
(3) Consider waivers for the Community Development Housing Program as set forth in "Exhibit A" attached to Resolution No. 88-2001 and the Regulations promulgated pursuant to this section (the "Regulations") in the following respects:
(a) Waiver of the income limits may be granted in those circumstances after the execution of the note and mortgage where there is evidence that the mortgagor has been unable to make the full amount of the payments over a period of one hundred and twenty (120) days and there has been a substantial change in financial ability to make such payments from the time the loan was granted. Further, the modification to the loan agreement cannot jeopardize or impair the security given. Loan modification agreements that do not reduce the interest rate or extend the term of the loan beyond the maximum period provided for in "Exhibit A" and the Regulations are not required to be reviewed by the Committee.
(b) Increase of the maximum loan limit. This limitation may be increased provided that the additional funds are necessary to eliminate a serious health and/or safety hazard to occupants and/or neighborhood and the total amount loaned shall not exceed the amount allowed to be approved by HAAC pursuant to the Regulations.
(c) Increase of the 90% loan to value ratio underwriting standard, up to a maximum of 97% for low interest loans.
(4) Hear appeals of contractors who have been removed from the Active Contractor's List. Appellants shall provide and pay for the cost of all services required to transcribe the proceedings of such appeals for the benefit of the Committee, and to provide a record of the proceedings to the City.
(5) Hear disputes between the property owner and the contractor concerning the rehabilitation of the property that cannot be resolved by the Rehabilitation Section.
(6) Review all applications for loans to City employees in order to ascertain that they conform to the Rehabilitation Program Regulations.
(7) Review such other functions that may be assigned by the Mayor or Chief Administrative Officer or provided for by City Council action.
(8) Review reports and guidelines of non-governmental sub-recipient agencies and hear and determine appeals brought to the Committee by participants in such programs for which appropriations from Community Development funds are made by the City Council.
(9) The Housing Advisory and Appeals Committee may establish appropriate rules and regulations for carrying out the functions set out herein.
(D) (1) It is the intent of the City Council in appropriating funds to sub-recipient agencies that such funds shall be utilized to benefit low and moderate income persons as the same are defined by the U.S. Department of Housing and Urban Development and to upgrade existing housing stock in the program area in accordance with the Housing and Community Development Act of 1974, as amended, and that such intent shall be strictly construed.
(2) Except as provided herein, non-governmental sub-recipient agencies operating programs for which appropriations from Community Development funds are made by the City Council are not required to comply with the Rehabilitation Program requirements. However, such sub-recipient agencies shall:
(a) Develop loan policies and guidelines, which shall govern the operation of such programs and provide copies to the City's Housing Advisory and Appeals Committee for their review and approval.
(b) Certify to the City that their loan policies, guidelines and their program operations are in compliance with all applicable federal, state and local laws, regulations and ordinances.
(c) Certify that the amount of a loan to a program participant plus the total of all encumbrances against the property securing the loan shall not exceed the appraised market value of the property as determined by a qualified appraiser.
(d) Maintain a fidelity bond in the amount specified by the Mayor or his designee naming the City as a Loss Payee.
(e) Grant the City, U.S. Department of Housing and Urban Development, and the Comptroller General access to all of its records with respect to its program operations.
(3) The Mayor or his designee shall, by contract with such sub-recipient agency, establish procedures, policies and requirements as necessary to insure compliance with this section and with applicable laws, regulations and ordinances.
(4) The City's Housing Advisory and Appeals Committee shall be provided with all required reports submitted by sub-recipient agencies. The Committee shall hear appeals of program participants when such participants are unable to resolve complaints or disputes with the sub-recipient agency. Such sub-recipient agencies shall develop appeal procedures for appeals to the Committee and shall disseminate same to its program participants. The conduct of such appeals before the committee shall be in accordance with the Committee's standard procedures. The agency whose decision is appealed to the Committee shall furnish to the Committee all information contained in its records pertaining to the appellant. Such agency shall provide a representative to present its side of the appeal to the Committee and shall further have available any other persons necessary to present the facts of the case. The decision of the Committee in all such appeals shall be final.
(E) Modified bid process.
(1) The City Rehabilitation Loan Program shall establish a modified bid process for the selection of rehabilitation contractors by homeowners participating in the program. The bid process shall provide that contractors on the active contractors list will receive notice of all rehabilitation projects financed through the program and those who desire to carry out a project must submit a sealed bid on the project that conforms to the specifications prepared by program staff. Any responsive contractor whose bid is within 10% of the city's cost estimate will be eligible for selection by the homeowner. The contract for the project will be between the homeowner and the contractor that has been selected.
(2) This division shall be effective for all rehabilitation loans closed subsequent to enactment of Res. 2-2003.
(3) The Department of Family and Community Services shall promulgate regulations to effectuate the provisions division.
(Res. 53-1992, approved 5-12-92; Am. Res. 23-1994, approved 3-11-94; Am. Res. 29-2000, approved 3-21-00; Am. Res. 88-2001, approved 6-1-01; Am. Res. 2-2003, approved 1-16-03)
Editor's note: Program History: The city's Housing Rehabilitation Loan Program was initiated by the passage of Resolution 139-1975. The program was subsequently completely revised and updated by Resolution 74-1986, and again by Resolution 88-2001, which repealed the prior resolutions defining the Program.
(A) The city shall require all new construction of publicly subsidized housing to be designed and constructed to accommodate the needs of the handicapped as outlined in the applicable provisions of Chapter 41 of the New Mexico Uniform Building Code and as illustrated in Removing Architectural Barriers, published by the New Mexico Department of Education, Division of Vocational Rehabilitation, as attached. The provisions of this section are not applicable to publicly subsidized housing which has progressed beyond the schematic stage as of the effective date of this section.
(B) The city shall make at least 3% and up to 10% of its publicly subsidized housing available for congregate or group use, suitably designed to meet the needs of the mentally and/or physically handicapped.
(C) The city shall make housing rehabilitation funds available to low and moderate income handicapped persons or low and moderate income families with a handicapped member who are living within a Community Development Area designated as such under the New Mexico Community Development Law. Housing rehabilitation funds may be used to bring current housing up to the adopted Rehabilitation Standards for Community Development Areas and to modify the existing dwelling unit to meet the special design needs of the handicapped person or member of the family as illustrated in Removing Architectural Barriers, published by the New Mexico Department of Education, Division of Vocational Rehabilitation.
(D) The city shall seek additional housing rehabilitation funds to be made available on a city-wide basis to low and moderate income handicapped persons or families with a handicapped member in order to bring their current home up to code and to modify it to meet the special design needs of the handicapped persons as illustrated in Removing Architectural Barriers, published by the New Mexico Department of Education, Division of Vocational Rehabilitation.
(E) The city shall seek the advice of handicapped citizens and service agencies to help evaluate housing and related services and to develop a program to aid the handicapped in our community.
(Res. 77-1976, approved 5-25-76)
(A) Resolution repeal. This Resolution shall repeal R-52, Enactment 74-2000.
(B) Policy objectives. The objectives of the City of Albuquerque's affordable housing policy are to:
(1) Implement the policy (D-5-a) established by the Albuquerque/Bernalillo County Comprehensive Plan, that the opportunity to obtain standard housing for a reasonable proportion of income be assured for Albuquerque residents;
(2) Increase the supply of rental and home ownership housing that is affordable to very low-income, low-income and moderate-income households; and
(3) Support and enhance the development of Workforce Housing as spelled out in F/S(3) O-06-8, The Workforce Housing Opportunity Act; and
(4) Ensure equal treatment of all residents, especially very low-income, low-income and moderate-income households, in pursuing affordable housing opportunities; and
(5) Mitigate homelessness by adopting effective housing relocation strategies.
(C) Defining an affordable housing policy.
(1) The City shall have a housing policy that identifies all City actions that impact affordable housing including decisions regarding residential development made by any Department or Board, Commission, or Committee convened by the City. This shall include but not be limited to development of Sector Plans, implementation of the Planned Growth Strategy, downtown development, redevelopment, development of the 5-year Consolidated Plan, Albuquerque Housing Services 1-Year and 5-Year Plans, and Planned Communities such as Mesa del Sol; and
(2) The City shall establish percentages and types of affordable housing required in developments that receive an injection of local, state, or federal resources, or material assistance; and
(3) The City shall consider establishing the number of units and types of affordable housing required in each City quadrant, or identify some other type of formula to distribute affordable housing throughout the City to meet the affordable housing need; and
(4) The City shall establish an effective relocation strategy to help mitigate homelessness.
(D) Definition of affordable rental and for-purchase housing.
(1) Rental housing shall be considered affordable if: (1) the rent does not exceed the fair market rents established for the Section 8 program of the City of Albuquerque or rent levels established by other federal, state or local affordable housing programs currently in existence or that may come into existence in the future; and (2) households are required to spend no more than 30% of household income on rent and utilities.
(2) Homeownership housing shall be considered affordable if households are required to spend no more than 30% of household income, adjusted for family size, on monthly housing costs, or 35% under special conditions to be defined in the Workforce Housing Plan.
(E) Investment of City resources in affordable housing.
(1) Investment of City resources in affordable rental housing is appropriate if the housing is affordable to low- and moderate-income households throughout its useful life.
(2) Investment of City resources in affordable, for-purchase housing is appropriate if the project increases homeownership opportunities for low-income households and for moderate-income households who are first-time homebuyers or households who have not owned a home for three years.
(F) Revised income definitions.
(1) Following are income categories for the HOME Program in the Department of Housing and Urban Development (HUD):
(a) “Extremely Low-income” households have incomes that do not exceed 30% of the median family income for the Albuquerque Metropolitan Statistical Area (MSA) adjusted for family size.
(b) “Very Low-Income” households have incomes between 31% and 50% of the median family income for the Albuquerque MSA adjusted for family size.
(c) “Low-income” households have incomes between 51% and 60% of the median family income for the Albuquerque MSA adjusted for family size.
(d) “Moderate-income” households have incomes between 61% and 80% of the median family income for the Albuquerque MSA adjusted for family size.
(2) Households whose incomes do not exceed those as defined by other federal, state, or local programs currently in existence or that may come into existence that provide affordable ownership and rental housing to targeted groups are covered under this Section.
(G) Defining the roles and responsibilities of the Affordable Housing Committee.
(1) The primary responsibility of the Affordable Housing Committee (AHC or Committee) shall be to advise the City on policies and activities related to affordable housing. The AHC shall carry out these responsibilities as follows: (1) recommend City policy and strategy initiatives aimed at increasing access to safe, decent and affordable housing for all residents, especially low- and moderate-income households; (2) recommend ways to increase production of affordable housing by all sectors of the economy; (3) serve as the advisory committee to the Albuquerque Citizen's Team (ACT) to develop the Workforce Housing Plan and Needs Assessment and conduct an annual review of Plan progress; (4) work with city staff to develop methods to mitigate and reduce homelessness, and to develop effective housing relocation strategies to mitigate homelessness; (5) assist in efforts to streamline the City’s regulatory system.
(2) The City may request and consider recommendations from the Affordable Housing Committee to address the impact on affordable housing production or lack thereof when decisions regarding residential development are made by any Department or Board, Commission, or Committee convened by the City. This shall include but not be limited to development of Sector Plans, implementation of the Planned Growth Strategy, downtown development, redevelopment, development of the 5-year Consolidated Plan, Albuquerque Housing Services 1-Year and 5-Year Plans, and Planned Communities such as Mesa del Sol; and
(3) The City shall request and consider recommendations from the Affordable Housing Committee to establish percentages and types of affordable housing required in developments that receive an injection of local, state, or federal resources, or material assistance; and
(4) The City shall request and consider recommendations from the Affordable Housing Committee at such time as the City may begin consideration of establishing a means to distribute affordable housing throughout the City to meet the affordable housing need; and
(5) The City shall request and consider recommendations from the Affordable Housing Committee to establish an effective housing relocation strategy to help mitigate homelessness for consideration by the Mayor and Council.
(6) The Mayor shall appoint the members of the Committee with the advice and consent of the Council. The AHC may make recommendations to the Mayor for appointment and reappointment to the Committee at the expiration of member terms or upon their resignation. The AHC shall select a Chairperson who shall be a Committee member from the private for-profit or not-for-profit sector.
(7) The AHC shall consist of 12 members representing the following industries and community sectors: two low- and moderate-income residents or advocates, one of whom may represent the legal and Fair Housing sector; one representative from the housing building industry; two representatives of the housing lending industry; one representative of the not-for-profit housing development sector; one individual who represents housing needs of people with disabilities; one senior citizen advocate; two representatives from the Department of Family and Community Services, one of whom represents Albuquerque Housing Services; one representative from the Department of Planning; and one representative from the Department of Municipal Development. Non-City staff members shall be appointed for staggered three-year terms. The Committee may recommend Subcommittees that may include non-AHC members. Each Subcommittee shall include at least one member of the AHC who shall serve as the Subcommittee Chairperson.
(8) The Department of Family and Community Services or the Planning Department shall provide staff assistance to the AHC and its Subcommittees.
(Res. 134-1992, approved 9-30-92; Am. Res. 71-1998, approved 8-17-98; Am. Res. 74-2000, approved 8-21-00; Am. Res. R-2005-050, approved 4-18-05; Am. Res. R-2007-011, approved 2-27-07)
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