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 income can afford and that such persons are forced to occupy overcrowded, congested dwelling accommodations and that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety and welfare of the residents of the state and impair economic values;
D. these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities;
E. these areas in the state cannot be cleared nor can the shortage of safe and sanitary dwellings for persons of low and moderate income be relieved through the operation of private enterprise and that the construction of housing projects for persons of low and moderate income, as defined in the Municipal Housing Law, would therefore not be competitive with private enterprise;
F. the clearance, replanning and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low and moderate income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state and municipal concern; and
G. it is in the public interest that work on projects for such purposes be commenced as soon as possible in order to relieve a shortage of affordable housing, which now constitutes an emergency; and the necessity in the public interest for the provisions enacted by the Municipal Housing Law is hereby declared as a matter of legislative determination.
History: 1953 Comp., § 14-46-2, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 2.
The 2009 amendment, effective April 7, 2009, in Subsections A, B and F, changed "insanitary" to "unsanitary"; in Subsections B, C, E and F, after "persons of low", added "and moderate"; in Subsection C, after "health, safety", deleted "morals"; and in Subsection G, after "in order to relieve", deleted "unemployment" and added "a shortage of affordable housing".
Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 C.J.S. Municipal Corporations § 1061.
Structure 2021 New Mexico Statutes
Article 45 - Municipal Housing
Section 3-45-1 - Municipal Housing Law; short title.
Section 3-45-2 - Finding and declaration of necessity.
Section 3-45-5 - Creation of authority.
Section 3-45-6 - Prohibited actions.
Section 3-45-7 - Removal of commissioners.
Section 3-45-8 - Eminent domain.
Section 3-45-9 - Operation not for profit.
Section 3-45-10 - Sales, rentals and tenant selection.
Section 3-45-12 - Form and sale of bonds; interest on certain obligations.
Section 3-45-13 - Provisions of bonds and trust indentures.
Section 3-45-14 - Construction of bond provisions.
Section 3-45-15 - Certification of attorney general.
Section 3-45-16 - Remedies of an obligee.
Section 3-45-17 - Additional remedies conferrable to an obligee.
Section 3-45-18 - Exemption of property from execution sale.
Section 3-45-19 - Exemption of property from taxation.
Section 3-45-20 - Aid from state or federal government.
Section 3-45-21 - Cooperation in undertaking housing projects or affordable housing programs.
Section 3-45-22 - Procedure for exercising powers.
Section 3-45-23 - Supplemental nature of the Municipal Housing Law.
Section 3-45-24 - Housing bonds; legal investments; security; negotiable.