§ 14-251. Purpose; generally.

There is hereby created a county affordable housing program which is to provide assistance to qualified recipients in acquiring or improving affordable housing within the county and to:

(a)

Establish procedures to ensure that all housing assistance grantees are qualifying grantees as defined in this article and who meet the requirements of the Act and the rules 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) by the county;

(c)

Create an evaluation process to determine:

(1)

The financial and management stability of an applicant;

(2)

The demonstrated commitment of the applicant to the community;

(3)

A cost-benefit analysis of the project proposed by the applicant including how the contribution will reduce the housing costs to persons of low income;

(4)

The benefits to the community of a proposed project;

(5)

The type or amount of assistance to be provided;

(6)

The scope of an 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 which the county believes are necessary for a full review and evaluation of an applicant and the application or which the MFA believes is necessary for a full review of the county's evaluation of the applicant.

(d)

Require long-term affordability of the county'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 all of the affordable housing units in any project be occupied by persons of low or moderate income;

(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 a project;

(g)

Require review and approval of a housing grant project budget by the county 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 "affordable" and "affordable housing" and for "low-income" and setting out requirements for verification of income levels;

(j)

Provide the county with a mechanism for implementing a valid affordable housing program;

(k)

Establish a procedure and associated application for the purpose of waiving applicable county permit fees that are directly connected to projects that will result in the provision of affordable housing as defined under this chapter and article and the Affordable Housing Act, NMSA 1978, §§ 6-27-1 through 6-27-9, or as may be amended; and

(l)

Require that the county 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, and that subject the recipient of a contribution to the jurisdiction of the New Mexico courts to enforce compliance with the Act, the rules, and any agreement(s) between the recipient and the county.

(m)

Require that all housing programs and assistance are in compliance with the Act and the rules, as amended, and require compliance with the Act and the rules in the provision of all contributions and by the recipients of contributions.

(Ord. No. 02-281, § 5, 5-1-2018)