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Home » US Law » 2021 New Mexico Statutes » Chapter 3 - Municipalities » Article 45 - Municipal Housing

Section 3-45-1 – Municipal Housing Law; short title.

Chapter 3, Article 45 NMSA 1978 may be cited as the “Municipal Housing Law”. History: 1953 Comp., § 14-46-1, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 1. ANNOTATIONS Cross references. — For adoption of housing code by reference in ordinance, see 3-17-6 NMSA 1978. For the Urban Development Law, see 3-46-1 NMSA […]

Section 3-45-10 – Sales, rentals and tenant selection.

A. In the operation or management of housing projects and affordable housing programs or the sale of any property pursuant to the Municipal Housing Law, a city shall at all times observe the following duties with respect to rentals, property and tenant selection: (1) it may rent, lease or sell the dwelling accommodations in the […]

Section 3-45-11 – Bonds.

A. A city shall have power to issue bonds from time to time in its discretion to finance in whole or in part the cost of the preparation, acquisition, purchase, lease, construction, reconstruction, improvement, alteration, extension or repair of any project or undertaking hereunder. A city shall also have power to issue refunding bonds for […]

Section 3-45-12 – Form and sale of bonds; interest on certain obligations.

A. Bonds of a city issued under the Municipal Housing Law shall be authorized by its resolution and may be issued in any one or more series and shall bear such date, mature at such time, bear interest at such rate, be in such denomination, be in such form, either coupon or registered, carry such […]

Section 3-45-13 – Provisions of bonds and trust indentures.

In connection with the issuance of bonds pursuant to the Municipal Housing Law or the incurring of obligations under leases made pursuant to the Municipal Housing Law and in order to secure the payment of such bonds or obligations, a city in addition to its other powers, shall have power: A. to pledge all or […]

Section 3-45-14 – Construction of bond provisions.

The Municipal Housing Law without reference to other statutes of the state shall constitute full authority for the authorization and issuance of bonds hereunder. No other act or law with regard to the authorization or issuance of bonds that provides for an election, requires an approval or in any way impedes or restricts the carrying […]

Section 3-45-15 – Certification of attorney general.

A city may submit to the attorney general of the state any bonds to be issued hereunder after all proceedings for the issuance of such bonds have been taken. Upon the submission of such proceedings to the attorney general, it shall be the duty of the attorney general to examine into and pass upon the […]

Section 3-45-16 – Remedies of an obligee.

An obligee of a city shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee: A. by mandamus, suit, action or proceeding at law or in equity, to compel said city and the officers, agents or employees thereof […]

Section 3-45-17 – Additional remedies conferrable to an obligee.

A city shall have the power by its resolution, trust indenture, lease or other contract to confer upon any obligee holding or representing a specified amount in bonds, or holding a lease, the right, in addition to all rights that may otherwise be conferred, upon the happening of an event of default as defined in […]

Section 3-45-18 – Exemption of property from execution sale.

All real property owned or held by a city for the purposes of the Municipal Housing Law shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall be issued against the same nor shall any judgment against a city be a charge or lien on […]

Section 3-45-19 – Exemption of property from taxation.

The real property of a housing project, as defined in Section 3-45-3 NMSA 1978, is declared to be public property used for essential public and governmental purposes and is property of a city of this state and is exempt from taxation until a deed conveying that property to a nonexempt entity is executed and delivered […]

Section 3-45-2 – Finding and declaration of necessity.

It is hereby declared that: A. unsanitary or unsafe dwelling accommodations exist in the state; B. persons of low and moderate income are forced to reside in such unsanitary or unsafe accommodations; C. within the state, there is a shortage of safe or sanitary dwelling accommodations available at rents that persons of low and moderate […]

Section 3-45-20 – Aid from state or federal government.

In addition to the powers conferred upon a city by other provisions of the Municipal Housing Law, a city is empowered to borrow money or accept contributions, grants or other financial assistance from the state or federal government for, or in aid of, any housing project or affordable housing program within its area of operation […]

Section 3-45-22 – Procedure for exercising powers.

The exercise by the city or other state public body of the powers herein granted may be authorized by resolution of the governing body of such state public body adopted by a majority of the members of its governing body present at a meeting of said governing body, which resolution may be adopted at the […]

Section 3-45-24 – Housing bonds; legal investments; security; negotiable.

The state and all public officers, municipal corporations, political subdivisions and public bodies, all banks, bankers, trust companies, savings banks and institutions, building and loan associations, savings and loan associations, investment companies and other persons carrying on a banking business, all insurance companies, insurance associations and other persons carrying on an insurance business, and all […]

Section 3-45-25 – Law controlling.

Insofar as the provisions of the Municipal Housing Law are inconsistent with the provisions of any other law, the provisions of the Municipal Housing Law shall be controlling. History: 1953 Comp., § 14-46-25, enacted by Laws 1965, ch. 300.

Section 3-45-3 – Definitions.

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 […]

Section 3-45-4 – Powers.

A. Every city, in addition to other powers conferred by the Municipal Housing Law, may: (1) within its area of operation, prepare, carry out, acquire, purchase, lease, construct, reconstruct, improve, alter, extend or repair any housing project or any part of a housing project and operate and maintain the housing project, and for any of […]