The following words and terms shall have the following meanings:
ACT: The affordable housing act, New Mexico Statutes Annotated, 1978, section 6-27-1 et seq.
AFFORDABILITY PERIOD:
A. 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 one dollar ($1.00) to fourteen thousand nine hundred ninety nine dollars ninety nine cents ($14,999.99), then the affordability period shall be not less than five (5) years.
B. If the fair market value of any housing assistance grant or the total amount of affordable housing funds is from fifteen thousand dollars ($15,000.00) up to and including forty thousand dollars ($40,000.00), then the affordability period shall be not less than ten (10) years.
C. If the fair market value of any housing assistance grant or the total amount of affordable housing funds is from forty thousand dollars ($40,000.00) up to and including one hundred thousand dollars ($100,000.00), then the affordability period shall be not less than fifteen (15) years.
D. If the fair market value of any housing assistance grant or the total amount of affordable housing funds is greater than one hundred thousand dollars ($100,000.00), then the affordability period shall be not less than twenty (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 for payment of the costs of infrastructure, property acquisition, construction, or rehabilitation for affordable housing under an affordable housing plan.
AFFORDABLE HOUSING PLAN OR PLAN: A plan pursuant to an 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 Gallup and/or the MFA establish 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 undertaken in one or more phases, as part of an affordable housing plan, as approved by Gallup and/or the MFA for the primary purposes as allowed by the act.
APPLICANT: Subject to further qualifications in subsection 1-15-4B of this chapter, an individual, a governmental housing agency, regional housing authority, including any tribal 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 Gallup and/or the MFA.
APPLICATION: An application to participate in one or more affordable housing programs or affordable housing plans under the act submitted by an applicant to Gallup and/or the MFA.
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 Gallup 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 Gallup 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 Gallup, New Mexico, a New Mexico municipal corporation.
CONGREGATE HOUSING FACILITY: Residential housing designed for occupancy by more than four (4) persons of low or moderate income living independently of each other. The facility may contain group dining, recreational, healthcare 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.
HUD: The United States department of housing and urban development.
HOUSEHOLD: One or more persons occupying a housing unit.
HOUSING ASSISTANCE GRANT: The donation by Gallup of:
A. Land for construction of a project;
B. An existing building for conversion or renovation as affordable housing; or
C. The costs of infrastructure, property acquisition, construction or rehabilitation necessary to support affordable housing.
INFRASTRUCTURE: Infrastructure improvements and infrastructure purposes.
INFRASTRUCTURE IMPROVEMENT: Includes, but is not limited to:
A. Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use and discharge;
B. Drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge;
C. Water systems for domestic purposes, including production, collection, storage, treatment, transport, delivery, connection and dispersal;
D. Areas for motor vehicle use for road access, ingress, egress and parking;
E. Trails and areas for pedestrian, equestrian, bicycle or other nonmotor vehicle use for access, ingress, egress and parking;
F. Parks, recreational facilities and open space areas for the use of residents for entertainment, assembly and recreation;
G. Landscaping, including earthworks, structures, plants, trees and related water delivery systems;
H. Electrical transmission and distribution facilities;
I. Natural gas distribution facilities;
J. Lighting systems;
K. Cable or other telecommunications lines and related equipment;
L. Traffic control systems and devices, including signals, controls, markings and signs;
M. Inspection, construction management and related costs in connection with the furnishing of the items listed in this definition; and
N. Heating, air conditioning and weatherization facilities, systems or services, and energy efficiency improvements that are affixed to real property.
INFRASTRUCTURE PURPOSE: A. 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 Gallup may determine it appropriate to reduce or waive building permit fees, sewer and water hookup 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;
B. Acquiring, converting, renovating or improving existing facilities for infrastructure, including facilities owned, leased or installed by the owner;
C. Acquiring interests in real property or water rights for infrastructure, including interests of the owner; and
D. 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 1 .
MORTGAGE: A mortgage, mortgage deed, deed of trust or other instrument creating a lien, subject only to title exceptions as may be acceptable to Gallup 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 Gallup 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.
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 (4) persons or families living independently of each other or living in a congregate housing facility, at least sixty percent (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 Gallup 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: This ordinance 2007-06.
PERSONS OF LOW OR MODERATE INCOME: Persons and families within the state who are determined by the MFA to lack sufficient income to pay enough to cause private enterprise to build an adequate supply of decent, safe and sanitary residential housing in their locality or in an area reasonably accessible to their locality, and whose incomes are below the income levels established by the MFA 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 purposes of this definition, the word "families" means 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.
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: Shall include, but are 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:
A. An individual who is qualified to receive assistance pursuant to the act and is approved by Gallup; and
B. A governmental housing agency, regional housing authority, corporation, a limited liability company, partnership, joint venture, syndicate, association or a nonprofit organization that:
1. Is organized under state or local laws and can provide proof of such organization;
2. If a nonprofit organization, has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; and
C. Is approved by Gallup.
RFP: Any request for proposal made by Gallup.
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 Gallup 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, manufactured homes and housing intended to provide or providing transitional or temporary housing for homeless persons.
RESIDENTIAL USE: 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.
RULES: The New Mexico finance authority affordable housing rules adopted pursuant to section 6-27-8B New Mexico Statutes Annotated, 1978.
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 special needs. (Ord. 2007-06, 7-24-2007)
Notes
| 1 | 1. NMSA §§ 58-18-1 – 58-18-27, inclusive (1978), as amended. |