This chapter is adopted to implement the city’s Affordable Housing Plan. In accordance with the New Mexico Constitution, Art. IX, § 14, the Affordable Housing Act, NMSA §§ 6-27-1 et seq. (the “Act”), and NMMFA Rules, the purpose of this chapter is to:
(A) Establish procedures to ensure that state and local housing assistance grantees are “qualifying grantees” who meet the requirements of the Act and the Rules promulgated pursuant to the Act, both at the time of the award and throughout the term of any grant or loan under the program;
(B) Establish an application and award timetable for state housing assistance grants or loans to permit the selection of the qualifying grantee(s);
(C) Create an evaluation process to determine, in conjunction with the MFA:
(1) The financial and management stability of the applicant;
(2) The demonstrated commitment of the applicant to the community;
(3) A cost-benefit analysis of the project proposed by the applicant;
(4) The benefits to the community of a proposed project;
(5) The type or amount of assistance to be provided;
(6) The scope of the affordable housing project;
(7) Any substantive or matching contribution by the applicant to the proposed project;
(8) A performance schedule for the qualifying grantee with performance criteria; and
(9) Any other rules or procedures the city believes are necessary for a full review and evaluation of the applicant and the application or which the MFA believes is necessary for a full review of the city’s evaluation of the applicant.
(D) 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;
(E) Require that a grant or loan for a project must impose a contractual obligation on the qualifying grantee that the affordable housing units in any project be occupied by persons of low- or moderate-income as defined in this chapter;
(F) 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;
(G) Require review and approval of a housing grant project budget by the city and/or the MFA before any expenditure of grant funds or transfer of granted property;
(H) Require that a condition of grant or loan approval be proof of compliance with all applicable state and local laws, rules and ordinances;
(I) Provide definitions for “low-income” and “moderate-income” and set out requirements for verification of income levels;
(J) Provide the city with a valid affordable housing program; and
(K) Require that the city enter into a contract with the qualifying grantee consistent with the Act, which contract shall include remedies and default provisions in the event of unsatisfactory performance by the qualifying grantee and which contract shall be subject to the review of the MFA in its discretion.
(Ord. 2023-002, passed 8-16-2023)