For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACT. The Affordable Housing Act, NMSA §§ 6-27-1 et seq.
AFFORDABILITY PERIOD.
(1) If the fair market value of any housing assistance grant or the total amount of affordable housing funds that have been awarded, loaned, donated or otherwise conveyed to the qualifying grantee is from $1 to $14,999.99, then the AFFORDABILITY PERIOD shall be not less than five years.
(2) If the fair market value of any housing assistance grant or the total amount of affordable housing funds is from $15,000 up to and including $40,000, then the AFFORDABILITY PERIOD shall be not less than ten years.
(3) If the fair market value of any housing assistance grant or the total amount of affordable housing funds is greater than $40,000 up to and including $100,000, then the AFFORDABILITY PERIOD shall be not less than 15 years.
(4) If the fair market value of any housing assistance grant or the total amount of affordable housing funds is greater than $100,000, then the affordability period shall be not less than 20 years.
AFFORDABLE. Consistent with minimum rent and/or income limitations set forth in the MFA Act and in guidelines established by 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 the Act.
AFFORDABLE HOUSING PLAN or PLAN. A plan pursuant to detailed research and analysis of the community and housing profile, including a review of land use and policy regarding land use, which produces a housing needs assessment for low- and moderate-income households in that locality.
AFFORDABLE HOUSING PROGRAM or PROGRAM. Any programs the city establishes pursuant to the Act.
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 developed in one or more phases, 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 regional housing authority, a for-profit organization, including a corporation, limited liability company, partnership, joint venture, syndicate or association, or a non-profit organization meeting the appropriate criteria set by the city and/or the MFA.
APPLICATION. An application to participate in one or more affordable housing projects or programs under the Act submitted by an applicant to the city.
BUILDER. An individual or entity licensed as a general contractor to construct residential housing in the state that satisfies the requirements of a qualifying grantee and has been approved by the city and/or the MFA to participate in an affordable housing program. The term BUILDER shall also include an individual or entity that satisfies the requirements of a qualifying grantee and has been approved by the city and/or the MFA to participate in an affordable housing program who is not licensed as a general contractor in the state, provided such individual or entity contracts with a general contractor licensed in the state to construct residential housing.
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 Anthony, 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 four persons of lower moderate-income living independently of each other. The facility may contain group dining, recreational, health care or other communal living facilities, and each unit in a CONGREGATE HOUSING FACILITY shall contain at least its own living, sleeping and bathing facilities.
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 affordable housing will be constructed;
(2) An existing building that will be renovated, converted or demolished and reconstructed as affordable housing;
(3) The costs of acquisition, development, construction, financing and operating or owning affordable housing; or
(4) The costs of financing or infrastructure necessary to support affordable housing.
HUD. The United States Department of Housing and Urban Development.
INFRASTRUCTURE. Infrastructure improvements and infrastructure purposes.
INFRASTRUCTURE IMPROVEMENT. Includes, but is not limited to:
(1) Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge;
(2) Drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge;
(3) Water systems for domestic purposes, including production, collection, storage, treatment, transport, delivery, connection and dispersal;
(4) Areas for motor vehicle use for road access, ingress, egress and parking;
(5) Trails and areas for pedestrian, equestrian, bicycle or other non-motor vehicle use for access, ingress, egress and parking;
(6) Parks, recreational facilities and open-space areas for the use of residents for entertainment, assembly and recreation;
(7) Landscaping, including earthworks, structures, plants, trees and related water 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 approvals related to the construction, acquisition or installation of the infrastructure, provided the city may determine it appropriate to reduce or waive building permit fees, sewer and water hook-up fees and other fees with respect to an affordable housing project for which affordable housing funds and/or housing assistance grants are awarded, loaned, donated or otherwise distributed under the Act;
(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 this state, as amended (being NMSA §§ 58-18-1 through 58-18-27, inclusive, as amended).
MORTGAGE. A mortgage, mortgage deed, deed of trust or other instrument creating a lien, subject only to title exceptions as may be acceptable to the city and/or the MFA, on a fee interest in real property located within the state or on a leasehold interest that has a remaining term at the time of computation that exceeds or is renewable at the option of the lessee until after the maturity day of the mortgage loan.
MORTGAGE LENDER. Any bank or trust company, mortgage company, mortgage banker, national banking association, savings bank, savings and loan association, credit union, building and loan association and any other lending institution; provided that the MORTGAGE LENDER maintains an office in the state, is authorized to make mortgage loans in the state and is approved by the city and/or the MFA and either the Federal Housing Authority, Veterans’ Affairs, Federal National Mortgage Association (now known as Fannie Mae) or Federal Home Loan Mortgage Corporation (now known as Freddie Mac).
MORTGAGE LOAN. A financial obligation secured by a mortgage, including a MORTGAGE LOAN for a project.
MULTI-FAMILY HOUSING PROGRAM. A program involving a congregate housing facility, a multiple-family housing project or a transitional housing facility.
MULTIPLE-FAMILY HOUSING PROJECT. Residential housing that is designed for occupancy by more than four persons or families living independently of each other or living in a congregate housing facility, at least 60% of whom are persons of low- or moderate-income, including, without limitation, persons of low- or moderate-income who are elderly and handicapped as determined by the city and/or the MFA, provided that the percentage of low-income persons and families shall be at least the minimum, if any, required by federal tax law.
ORDINANCE. The ordinance from which this chapter was enacted (Ord. 2023-002).
PERSONS OF LOW- OR MODERATE-INCOME.
(1) Persons and families who are determined to lack sufficient income to pay enough to cause private enterprise to build an adequate supply of decent, safe and sanitary residential housing in the city and whose incomes are below the income levels established by the MFA and the plan to be in need of the assistance made available by the Act, taking into consideration, without limitation, such factors as defined under the Act. For the purposes of this definition, the word FAMILIES shall mean a group of persons consisting of, but not limited to, the head of a household; his or her spouse, if any; and children, if any, who are allowable as personal exemptions for federal income tax purposes.
(2) In accordance with the plan, PERSONS OF LOW- AND MODERATE-INCOME who are eligible for assistance in accordance with the plan are as follows.
(a) ANNUAL GROSS INCOME. For the purposes of this definition, the annual anticipated income from assets, regular cash or non-cash contributions and any other resources and benefits determined to be income by HUD, as defined in 24 C.F.R. § 5.609.
(b) PERSONS OF LOW-INCOME. Persons in households with annual gross incomes below 80% of area median income for city as approved and published each year by MFA and verified by the city.
(c) PERSONS OF MODERATE-INCOME. Persons in households with annual gross incomes between 80% and 120% of area median income for city as approved and published each year by the 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.
PUBLIC SERVICE AGENCIES. Includes, but is not limited to, any entities that support affordable housing and which believe that the program or project proposed by the applicant is worthy and advisable, but which are not involved, either directly or indirectly, in the affordable housing program or project for which the applicant is applying.
QUALIFYING GRANTEE.
(1) An individual who is qualified to receive assistance pursuant to the Act and is approved by the city; and
(2) A governmental housing agency, regional housing authority, corporation, limited liability company, partnership, joint venture, syndicate, association or non-profit organization that:
(a) Is organized under state or local laws and can provide proof of such organization;
(b) If a non-profit organization, has no part of its net earnings inuring to the benefit of any member, founder, contributor or individual; and
(c) Is approved by the city.
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 MFA. 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 and 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 proposals made by the city.
RULES. The state’s Mortgage Finance Authority Affordable Housing Rules adopted pursuant to NMSA § 6-27-8(B).
STATE. The State of New Mexico.
TRANSITIONAL HOUSING FACILITY. Residential housing that is designed for temporary or transitional occupancy by persons of low- or moderate-income, or with special needs.
(Ord. 2023-002, passed 8-16-2023)