§ 10-53. General definitions.

The following words and terms shall have the following meanings.

Act means the Affordable Housing Act, NMSA 1978, § 6-27-1 et seq.

Affordable means consistent with minimum rent and/or income limitations set forth in the MFA Act, and in guidelines established by MFA.

Affordable housing means residential housing primarily for person or households of low- or moderate-income and whose monthly cost does not exceed 30 percent of household's gross monthly income.

Affordable housing funds means any or all funds awarded or to be awarded, loaned or otherwise distribute under the Act for payment of the costs of infrastructure for affordable housing under an affordable housing plan.

Affordable housing plan or plan means a housing plan that is a product of detailed research and analysis of the community and housing profile, including a review of land use and policy regarding land use, which produces a housing needs assessment for low- and moderate-income households in that locality.

Affordable housing program or program means any programs county and/or MFA establish pursuant to the Act or the plan.

Affordable housing project or project means an affordable housing project is any work or undertaking, whether new construction, acquisition of existing residential housing, remodeling, improvement, rehabilitation or conversion approved by Bernalillo County Government and/or MFA for the primary purposes as allowed by the Act.

Affordability period means:

(1)

If the fair market of any housing assistance grant or the total amount of affordable housing funds that have been awarded, loaned, donated or otherwise conveyed to the qualifying grantee is less than $15,000.00, then the affordability period shall be not less than five years.

(2)

If the fair market value of any housing assistance grant or the total amount of affordable housing funds is at least $15,000.00 but less than $40,000.00, then the affordability period shall be not less than ten years.

(3)

If the fair market value of any housing assistance grant or the total amount of affordable housing funds is at least $40,000.00 but less than $100,000.00, then the affordability period shall be not less than 15 years.

(4)

If the fair market value of any housing assistance grant or the total amount of affordable housing funds is $100,000.00 or greater, then the affordability period shall be not less than 20 years.

Applicant means, subject to further qualifications in section 10-55(3), and individual; a governmental housing agency; regional housing authority; a for-profit organization, including a corporation, limited liability company, partnership, joint venture, syndicate or association or a nonprofit organization meeting the appropriate criteria of county and/or MFA.

Application means an application to participate in one or more affordable housing programs or affordable housing projects under the Act submitted by an applicant to Bernalillo County and/or MFA.

Builder means an individual or entity licensed as a general contractor to construct residential housing in the state that satisfies the requirements of a qualifying grantee and has been approved by county and/or MFA to participate in an affordable housing program. The term shall also include an individual or entity that satisfies the requirements of a qualifying grantee and has been approved by county and/or MFA to participate in an affordable housing program, who is licensed as a general contractor in the state, provided such individual or entity contracts with a general contractor in the state to construct residential housing.

Building means a structure capable of being renovated or converted into affordable housing or a structure that is to be demolished and is located on land donated for use in connection with an affordable housing project.

County means Bernalillo County, New Mexico, a unit of local government under the Constitution and laws of the State of New Mexico.

Congregate housing facility means residential housing designed for occupancy by more than four persons of low- or moderate-income living independently of each other. The facility may contain group dining, recreational, health care or other communal living facilities and each unit in a congregate housing facility shall contain at least its own living, sleeping, and bathing facilities.

Federal government means the United States of America and any agency or instrumentality corporate or otherwise of the United States of America.

Household means one or more persons occupying a housing unit.

Housing assistance grant means the donation, provision, or payment by county or MFA of:

(1)

Land upon which the affordable housing will be constructed;

(2)

An existing building that will be renovated, converted, or demolished and reconstructed as affordable housing;

(3)

The costs of acquisition, development, construction, financing and operating or owning affordable housing; or

(4)

The costs of financing or infrastructure necessary to support affordable housing.

HUD means the United States Department of Housing and Urban Development;

Infrastructure improvement means and includes, but is not limited to:

(1)

Sanitary sewage systems, including collection, transport, storage, diversion, detention retention, dispersal, use and discharge;

(2)

Drainage and flood control systems, including collection, transport, diversion, storage, detention, retention, dispersal, use and discharge;

(3)

Water systems for domestic purposes, including production, collection, transport, diversion, storage, treatment, transport, delivery, connection and dispersal;

(4)

Areas for motor vehicle use for road access, ingress, egress and parking;

(5)

Trails and areas for pedestrian, equestrian, bicycle or other non-motor vehicle use for access, ingress, egress and parking;

(6)

Parks, recreational facilities and open space areas for the use of residents for entertainment, assembly and recreation;

(7)

Landscaping, including earthworks, structures, plants, trees and related water delivery systems;

(8)

Electrical transmission and distribution facilities;

(9)

Natural gas distribution facilities;

(10)

Lighting systems;

(11)

Cable or other telecommunications lines and related equipment;

(12)

Traffic control systems and devices including signals, controls, markings and signs;

(13)

Inspection, construction management and related costs in connection with the furnishing of the items listed in this subsection.

Infrastructure purpose means:

(1)

Planning, design engineering, construction, acquisition or installation of infrastructure, including the costs of applications, impact fees and other fees, permits and approvals related to the construction, acquisitions or installation of the infrastructure, provided county may determine it appropriate to reduce or give building permit fees, sewer and water hookup fees, and other fees with respect to an affordable housing project for which affordable housing funds and/or housing assistance grants are awarded, loaned, donated or otherwise distributed under the Act;

(2)

Acquiring, converting, renovation or improving existing facilities for infrastructure, including facilities owned, leased or installed by the owner;

(3)

Acquiring interests in real property or water rights for infrastructure, including interests of the owner; and

(4)

Incurring expenses incident to and reasonably necessary to carry out the purposes specified in this subsection.

MFA means the New Mexico Mortgage Finance Authority.

MFA Act means the Mortgage Finance Authority Act, enacted as chapter 303 of the Laws of 1975 of the State of New Mexico, as amended (NMSA 1978, §§ 58-18-1 through 58-18-27).

Mortgage means a mortgage, mortgage deed, deed of trust or other instrument creating a lien, subject only to tile exceptions as may be acceptable to county and/or MFA, on a fee interest in real property located within the state or on a leasehold interest that has a remaining term at the time of computation that exceeds or is renewable at the option of the lessee until after the maturity day of the mortgage loan.

Mortgage lender means any bank or trust company, mortgage company, mortgage banker, national banking association, savings bank, savings and loan association, credit union, building and loan association and any other lending institution; provided that the mortgage lender maintains an office in the state, is authorized to make mortgage loans in the state and is approved by county and/or MFA and either the Federal Housing Authority, Veterans Affairs, Federal National Mortgage Association ("Fannie Mae"), or Federal Home Loan Mortgage Corporation ("Freddie Mac").

Mortgage loan means a financial obligation secured by a mortgage, including a mortgage loan for a project.

Multiple family housing project means residential housing that is designed for occupancy by more than four persons or families living independently of each other or living in a congregate housing facility, at least 60 percent of whom are persons of low- or moderate-income who are elderly and handicapped as determined by county and/or MFA, provided that the percentage of low-income persons and families shall be at least the minimum, if any, required by federal tax law.

Multi-family housing program means a program involving a congregate housing facility, a multiple family housing project or a transitional housing facility.

Persons of low- or moderate-income means persons and families within Bernalillo County earn up to 80 percent of the area median income and who are determined by Bernalillo County and/or MFA to lack sufficient income to pay enough to cause private enterprise to build an adequate supply of decent, safe and sanitary residential housing in Bernalillo County or in an area reasonably accessible to Bernalillo County. For purposes of the definition, the word families means a group of persons consisting of, but not limited to, the head of household; his or her spouse, if any; and children, if any, who are allowable as personal exemptions for federal income tax purposes.

Ordinance means the ordinance from which this article is derived (Ord. No. 2015-32).

Policies and procedures means policies and procedures of MFA, including but not limited to, mortgage loan purchasing, selling, servicing and reservation procedures, which MFA may update ad revise from time to time MFA deems appropriate.

Public service agencies shall include, but are not limited to, any entities that support affordable housing and which believe that the program or project proposed by the applicant is worthy and advisable, but which are not involved, either directly or indirectly, in the affordable housing program or project for which the applicant is applying.

Qualifying grantee means:

(1)

An individual who is qualified to receive assistance pursuant to the Act and is approved by county; and

(2)

A governmental housing agency, regional housing authority, corporation, limited liability company, partnership, joint venture, syndicate, association or a nonprofit organization that:

a.

Is organized under state or local laws and can provide proof of such organization;

b.

If a non-profit organization, has no part of its net earnings inuring to the benefit of any member, founder, contributor, or individual; and

c.

Is approved by county.

Recertification means the recertification of applicants and/or qualifying grantees participating in any affordable housing programs or in any programs under the Act as determined necessary from time to time by county and/or MFA.

Rehabilitation means the substantial renovation or reconstruction of an existing single-family residence or a multi-family housing project, which complies with requirements established by JFA. Rehabilitation shall not include routine or ordinary repairs, improvements or maintenance, such as interior decorating remodeling or exterior painting, except in conjunction with other substantial renovation or reconstruction.

Residential housing means any building, structure or portion thereof that is primarily occupied, or designed or intended primarily for occupancy, as a residence by one or more households and any real property that is offered for sale or lease for the construction or location thereon of such a building, structure or portion thereof. "Residential housing" includes congregate housing, manufactured homes and housing intended to provide or providing transitional or temporary housing for homeless persons.

Residential use means that the structure or the portion of the structure to benefit from the affordable housing funds or housing assistance grant is designed primarily for use as the principal residence of the occupant or occupants and shall exclude vacation or recreational homes.

RFP means any request for proposal made by county.

Rules means the New Mexico Mortgage Finance Authority Affordable Housing Rules adopted pursuant to NMSA 1978, § 6-27-8(B), as amended.

State means the State of New Mexico.

Transitional housing facility means residential housing that is designed for temporary or transitional occupancy by persons of low- or moderate-income or special needs.

(Ord. No. 2015-32, § 1, 12-8-15)