A. In addition to payments authorized by Section 42-3-5 NMSA 1978, the displacing agency, as a part of the cost of the program or project, may make an additional payment not to exceed thirty-one thousand dollars ($31,000) to a displaced person who is displaced from a dwelling actually owned and occupied by the displaced person for not less than ninety days prior to the initiation of negotiations for acquisition of the property. The additional payment shall include the following:
(1) the amount that when added to the acquisition cost to the displacing agency of the dwelling acquired by the displacing agency equals the reasonable cost of a comparable replacement dwelling;
(2) the amount that will compensate the displaced person for any increased interest cost and other debt service costs that the displaced person is required to pay for financing the acquisition of a comparable replacement dwelling. The amount shall be paid only if the dwelling acquired by the displacing agency was encumbered by a bona fide mortgage that was a valid lien on the dwelling for not less than one hundred eighty days prior to the initiation of negotiations for the acquisition of the dwelling. The amount of the increased costs shall be equal to the excess in the aggregate interest and other debt service costs of the amount of the principal of the mortgage on the replacement dwelling that is equal to the unpaid balance of the mortgage on the acquired dwelling, over the remainder term of the mortgage on the acquired dwelling, reduced to discounted present value. The discount rate shall be the prevailing interest rate paid on savings deposits by commercial banks in the general area in which the replacement dwelling is located; and
(3) reasonable expenses incurred by the displaced person for evidence of title, recording fees and other closing costs incident to the purchase of a comparable replacement dwelling, but not including prepaid expenses.
B. The additional payment authorized by this section shall be made only to a displaced person who purchases and occupies a comparable replacement dwelling not later than the end of the one-year period beginning on the date on which the displaced person receives from the displacing agency final payment of all costs of the acquired dwelling or on the date on which the displacing agency's obligations, pursuant to Paragraph (3) of Subsection C of Section 42-3-11 NMSA 1978, are fulfilled, whichever is the later date. The displacing agency may extend this one-year period for good cause. If this one-year period is extended, the payment under this section shall be based on the costs of relocating the displaced person to a comparable replacement dwelling within one year of such date.
History: 1953 Comp., § 22-9A-7, enacted by Laws 1972, ch. 41, § 7; 1989, ch. 121, § 6; 2015, ch. 136, § 2.
ANNOTATIONSThe 2015 amendment, effective April 10, 2015, increased the amount authorized as an additional payment to a person displaced by an agency program or project when the person actually owned and occupied the dwelling that was displaced; in the introductory paragraph of Subsection A, after "payment not to exceed", deleted "twenty-two thousand five hundred dollars ($22,500)" and added "thirty-one thousand dollars ($31,000)", after the second occurrence of "to", deleted "any" and added "a", and after "not less than", deleted "one hundred eighty" and added "ninety"; in Subsection A, Paragraph (1), after "the amount", deleted "if any, which" and added "that"; in Subsection A, Paragraph (2), after "the amount", deleted "if any, which" and added "that", after "service costs", deleted "which he" and added "that the displaced person", after "acquisition of", deleted "any" and added "a", after "bona fide mortgage", deleted "which" and added "that", and after "replacement dwelling", deleted "which" and added "that"; and in Subsection B, after "the date on which", deleted "he" and added "the displaced person".
The 1989 amendment, effective March 30, 1989, in the introductory paragraph of Subsection A substituted "twenty-two thousand five hundred dollars ($22,500)" for "fifteen thousand dollars ($15,000)" and made minor stylistic changes in the first sentence; substituted "displacing agency" for "agency" throughout the section; rewrote Subsection A(1); in Subsection A(2) inserted "and other debt service costs" in the first sentence and inserted "of the increased costs" in the third sentence; substituted "a comparable" for "the" in Subsection A(3); and in Subsection B substituted "comparable replacement dwelling" for "replacement dwelling which is decent, safe and sanitary" near the beginning of the first sentence, substituted "the displacing agency's obligations, pursuant to Paragraph (3) of Subsection C of Section 42-3-11 NMSA 1978, are fulfilled" for "he moves from the acquired dwelling" near the end of the first sentence, and added the second and third sentences.