A. The authority shall require, as a condition of making or purchasing a project mortgage loan, that the sponsor agree to comply with the requirements and to make the representations and warranties as the authority deems reasonably necessary to protect its interests in the project mortgage loan and the multiple-family dwelling project or transitional or congregate housing facility, including the following:
(1) the multiple-family dwelling project or transitional or congregate housing facility and surrounding area shall be maintained in good repair;
(2) a reserve fund for repairs and replacements on the multiple-family dwelling project or transitional or congregate housing facility shall be established and maintained for the life of the project mortgage loan;
(3) the sponsor shall make all records and documents relating to the multiple-family dwelling project or transitional or congregate housing facility available to the authority and its agents at all reasonable times;
(4) the sponsor shall maintain its books and accounts in a manner satisfactory to the authority;
(5) the sponsor shall provide access to the authority and its agents at all reasonable times for the purpose of inspecting the multiple-family dwelling project or transitional or congregate housing facility;
(6) the sponsor shall file with the authority a copy of each report and schedule required to be filed with any provider of mortgage insurance or other security or liquidity enhancement for the mortgage loan or the authority's bonds or notes, the proceeds of which were used in whole or in part to acquire the project mortgage loan; annual financial and operating reports; and any other reports the authority may determine to be necessary;
(7) the sponsor shall purchase and maintain an insurance policy insuring the project against loss or damage by fire, windstorm, hail, smoke, explosion, riot or civil commotion in an amount not less than eighty percent of the replacement costs of the project, and the authority or its designee shall be named in the insurance policy as an additional named insured;
(8) the sponsor shall provide the authority with a market feasibility study, market-value appraisal, architectural design and outline specifications, tenant selection plans and any other documents the authority requires in determining whether to purchase the project mortgage loan;
(9) unless otherwise exempt under any other law of the state or any political subdivision of the state, all ad valorem, gross receipts and any other taxes imposed on the land or improvements for which a multiple-family dwelling project mortgage loan is being provided shall apply;
(10) the sponsor shall maintain the project as a multiple-family dwelling project or transitional or congregate housing facility throughout the life of the project mortgage loan; and
(11) the sponsor shall comply with any other reasonable requirements the authority deems necessary to impose in the future.
B. The authority shall distribute available funds to qualified sponsors and mortgage lenders on an equitable basis using guidelines that take into consideration geographic allocation and economic feasibility of affordable housing throughout the state, including the need for new housing to attract a new industry or plant or to provide housing in an economically depressed or low-income area.
History: 1978 Comp., § 58-18-5.4, enacted by Laws 1982, ch. 86, § 5; 1990, ch. 118, § 1; 1994, ch. 47, § 1; 1995, ch. 9, § 10.
ANNOTATIONSCross references. — For the Municipal Housing Law, see 3-45-1 NMSA 1978 et seq.
For the Urban Development Law, see 3-46-1 NMSA 1978 et seq.
For the Community Development Law, see 3-60-1 NMSA 1978 et seq.
For Regional Housing Law, see Chapter 11, Article 3A NMSA 1978.
For the Low Income Utility Assistance Act, see 27-6-11 NMSA 1978 et seq.
The 1995 amendment, effective June 16, 1995, in Subsection A, substituted "making or purchasing a project" for "purchasing a multiple-family dwelling project" near the beginning and "multiple-family dwelling project or transitional or congregate housing facility" for "project" near the end; inserted "or transitional or congregate housing facility" in Paragraphs A(1), A(2), A(3), A(5), and A(10); substituted "that take into consideration geographic allocation and economic feasibility of affordable housing throughout" for "established to assure an even geographic allocation and taking into consideration the need for an economic feasibility of new housing in each area of" near the middle of Subsection B; and made minor stylistic changes throughout the section.
The 1994 amendment, effective May 18, 1994, inserted Paragraph A(9), and redesignated former Paragraphs A(9) and A(10) as A(10) and A(11); and deleted former Subsection C, relating to distribution of funds prior to July 1, 1995.
The 1990 amendment, effective May 16, 1990, in Subsection A, substituted "with any provider of mortgage insurance or other security or liquidity enhancement for the mortgage loan or the authority's bonds or notes, the proceeds of which were used in whole or in part to acquire the project mortgage loan" for "the FHA" in Paragraph (6), inserted "or its designee" following "authority" in Paragraph (7), and inserted "market-value appraisal" following "feasibility study" in Paragraph (8); in Subsection B rewrote the provision following "to assure" which read "a geographic allocation and taking into consideration the need for new housing in an area to attract a new industry or plant"; and added Subsection C.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Suability, and liability, for torts, of public housing authority, 61 A.L.R.2d 1246.
Validity and construction of statute or ordinance providing for repair or destruction of a residential building by public authorities at owner's expense, 43 A.L.R.3d 916.
What constitutes "blighted area" within urban renewal and redevelopment statutes, 45 A.L.R.3d 1096.
Substantive issues relative to rent levels and termination of benefits under United States Housing Act of 1937 (42 USCS §§ 1437 et seq.), 77 A.L.R. Fed. 884.