Additional powers of authority; authority designated as single state housing authority; application for and receipt of federal funds; administration of housing programs.

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In addition to the powers granted the authority pursuant to Sections 58-18-5 and 58-18-5.3 NMSA 1978, the authority:

A. is designated as the state housing authority for all purposes;

B. shall make application for federal housing funds and programs;

C. shall administer federal and state housing programs and federal tax credit provisions associated with those programs;

D. shall receive and expend funds pursuant to applicable federal housing laws, federal housing regulations, the provisions of the Mortgage Finance Authority Act and regulations adopted pursuant to that act;

E. shall administer the following housing programs that were previously transferred to it by executive order, the provisions of which are ratified:

(1) the federal HOME program;

(2) the federal low-income housing tax credit program;

(3) the federal emergency shelter grant programs;

(4) the state homeless program;

(5) the federal and state weatherization programs and that part of the low-income home energy assistance program authorized for weatherization; and

(6) the state safe water program;

F. shall assist with technical consultation in connection with housing components of the community service block grant and community development block grant programs that are administered by the human services department and the department of finance and administration, respectively; and

G. shall not receive direct appropriations of state funds from the legislature, and, if a program for which the authority is granted the power and has the duty to administer involves the appropriation or expenditure of state funds, the authority is granted specific power to enter into a joint powers agreement with the department of finance and administration pursuant to the Joint Powers Agreements Act [11-1-1 to 11-1-7 NMSA 1978].

History: Laws 1998, ch. 63, § 6.

ANNOTATIONS

Cross 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 Low Income Utility Assistance Act, see 27-6-11 NMSA 1978.

For the Gasoline and Home Heating Relief Fund, see 6-4-25 NMSA 1978.

Effective dates. — Laws 1998, ch. 63, § 8 makes the act effective on July 1, 1998.

Statewide housing authority. — Section 58-18-5.5 NMSA 1978 designates the mortgage finance authority as the single state housing authority in New Mexico with statewide jurisdiction and prohibits out-of-state public housing authorities and their instrumentalities from acting as public housing authorities within New Mexico. 2012 Op. Att'y Gen. No. 12-02.


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