The following terms, wherever used or referred to in the Municipal Housing Law, shall have the following respective meanings:
A. "city" means any municipality and, unless the context otherwise clearly indicates, any county. "The city" means the particular city or county for which a particular housing authority is created. "County" means any county;
B. "governing body" means, in the case of a city, the council or board of commissioners and, in the case of other state public bodies, the council, commissioners, board or other body having charge of the fiscal affairs of the state public body;
C. "mayor" means the mayor of the city or the officer charged with the duties customarily imposed on the mayor or executive head of a city. In the case of a county, the term "mayor" means the board of county commissioners;
D. "clerk" means the city recorder, the county clerk or the officer charged with the duties customarily imposed on the clerk;
E. "area of operation" includes all of the city or, in the case of a county, includes all of the county, except the area shall not include any area that lies within the boundaries of any city that has an established housing authority or housing agency without the consent of the city. Upon approval by the governing bodies of the cities involved, the area of operation of one city pursuant to the Municipal Housing Law may be enlarged to include the area within the boundaries of any other city. Any subsequent withdrawal of consent of a city for operation within its boundaries by another city shall not prohibit the development and operation of any housing projects initiated in the city by another city prior to the date of withdrawal;
F. "authority" or "housing authority" means any agency or other instrumentality of a city or a separate public body politic and corporate created pursuant to the Municipal Housing Law;
G. "state public body" means any county, municipal corporation, commission, district, authority, including a housing authority that is a separate body politic, other subdivision or public body of the state;
H. "federal government" includes the United States of America, the federal department of housing and urban development or any other agency or instrumentality, corporate or otherwise, of the United States of America;
I. "slum" means any area where dwellings predominate that by reason of dilapidation, overcrowding, lack of ventilation, light or sanitary facilities or any combination of these factors, are detrimental to the safety, health or well-being of the occupants or to surrounding properties;
J. "housing project" means any work or undertaking of the city:
(1) to demolish, clear or remove buildings from any slum area. The work or undertaking may embrace the adaptation of the area to public purposes, including parks or other recreational or community purposes;
(2) to provide decent, safe and sanitary dwellings, apartments, single-family dwellings or other affordable living accommodations for persons of low and moderate income. The work or undertaking may include buildings, land, equipment, facilities and other real or personal property for necessary convenient or desirable appurtenances, streets, sewers, water service, parks, site preparation, gardening, administrative, community, health, recreational, welfare or other purposes; or
(3) to accomplish a combination of the foregoing.
The term "housing project" also may be applied to the planning of the buildings and improvements, the acquisition of property or existing structures, the demolition of existing structures, the construction, reconstruction, alteration and repair of the improvements and all other work in connection therewith;
K. "low-income person" means any individual, couple or family whose gross income does not exceed eighty percent of that person's particular area median income and who cannot afford to pay more than thirty-five percent of gross annual income for housing rent or mortgage payments or a "low-income person" as defined by the federal government;
L. "bonds" means any bonds, notes, interim certificates, debentures or other obligations issued pursuant to the Municipal Housing Law;
M. "real property" includes all lands, including improvements and fixtures on the lands and property of any nature appurtenant to the lands or used in connection with the lands, and every estate, interest and right, legal or equitable, therein, including terms for years and liens by way of judgment, mortgage or otherwise and the indebtedness secured by such liens;
N. "obligee" includes any holder of bonds issued pursuant to the Municipal Housing Law, trustees for any such bondholders, or lessor demising to a city property used in connection with a housing project, or any assignee or assignees of the lessor's interest or any part of the lessor's interest and the federal government when it is a party to any contract with a city in regard to a housing project;
O. "affordable housing" means any housing accommodations that serve the needs of low- and moderate-income persons;
P. "affordable housing program" means an ongoing delivery system of affordable housing services that assists persons of low and moderate income;
Q. "moderate-income person" means any individual, couple or family whose gross annual income is not less than eighty percent of that person's particular area median income and does not exceed one hundred twenty percent of that area median income;
R. "multi-jursidictional housing authority" means two or more housing authorities joined or cooperating for the purposes of consolidating administrative duties and obligations and providing more effective and efficient housing projects and programs within their jurisdictions; and
S. "immediate family member" means:
(1) a spouse, including a former spouse, a de facto spouse or a former de facto spouse;
(2) a child or an adult child, including an adopted child, a step-child or an ex-nuptial child;
(3) a parent or a step-parent;
(4) a grandparent;
(5) a grandchild;
(6) a sibling or a step-sibling;
(7) a first cousin;
(8) an aunt or an uncle;
(9) a father-in-law or a mother-in-law;
(10) a sister-in-law or a brother-in-law; and
(11) any other relative who is financially supported.
History: 1953 Comp., § 14-46-3, enacted by Laws 1965, ch. 300; 1989, ch. 50, § 1; 2009, ch. 226, § 3; 2014, ch. 60, § 1.
ANNOTATIONSThe 2014 amendment, effective July 1, 2014, clarified the definitions of "authority", "housing authority" and "state public body"; in Subsection F, after "instrumentality of a city", added "or a separate public body politic and corporate"; and in Subsection G, after "authority", added "including a housing authority that is a separate body politic".
The 2009 amendment, effective April 7, 2009, in Subsection E, after "boundaries of any city", added "that has an established housing authority or housing agency"; in Subsection E, in the third sentence, after "boundaries by another", deleted "county or" and after "initiated in the city", deleted "by a county or"; in Subsection F, after "instrumentality of a city", deleted "or county"; in Subsection H, after "America, the", deleted "public housing administration" and added "federal department of housing and urban development"; in Subsection I, after "health or", deleted "morals" and added "well-being of the occupants or to surrounding properties"; in Paragraph (2) of Subsection J, after "dwellings or other", added "affordable" and after "persons of low", added "and moderate"; deleted former Subsection K, which defined "persons of low income"; and added Subsections K and O through S.
The 1989 amendment, effective June 16, 1989, substituted "the Municipal Housing Law" for "Sections 14-46-1 through 14-46-25 New Mexico Statutes Annotated, 1953 Compilation" throughout the section; in Subsection E, substituted "other city" for "adjacent or nearby city" in the second sentence and made minor stylistic changes in the third sentence while deleting at the end of that sentence "where there is a financial assistance contract in existence for such project with the federal government at the date of such withdrawal except upon such terms as may be mutually agreed upon between the governing bodies of such cities or county, as the case may be, and the federal government"; inserted "other instrumentality of a city" in Subsection F; in Subsection J(2) inserted "single-family dwellings" in the first sentence; and in Subsection J(3) inserted "or existing structures" in the second sentence.