New Mexico Statutes
Article 3A - Regional Housing Law
Section 11-3A-8 - Requirements respecting lease.

A. Prior to the leasing of any housing project, the regional housing authority shall determine and find the following:
(1) the amount necessary in each year to pay indebtedness proposed to fund the housing project; and
(2) the amount necessary to be paid each year into any reserve funds that the regional housing authority may deem advisable to establish in connection with the retirement of any indebtedness and the maintenance of the housing project and, unless the terms under which the housing project is to be leased provide that the lessee shall maintain the housing project and carry all proper insurance with respect to it, the estimated cost of maintaining the housing project in good repair and keeping it properly insured.
B. The determinations and findings of the regional housing authority required to be made in this section shall be set forth in the proceedings under which the proposed indebtedness is to be incurred.
C. Prior to the incurrence of any indebtedness, the regional housing authority shall lease or sell the housing project to a lessee or purchaser under an agreement that is conditioned upon completion of the housing project and that provides for payment to the regional housing authority of rentals or payments in an amount that is found, based on the determinations and findings, to:
(1) pay the indebtedness incurred to fund the housing project;
(2) build up and maintain any reserve deemed by the regional housing authority to be advisable in connection with the housing project; and
(3) pay the costs of maintaining the housing project in good repair and keeping it properly insured, unless the agreement of lease obligates the lessee to pay for the maintenance and insurance of the housing project.
History: Laws 1994, ch. 132, § 8; 1995, ch. 191, § 7; 2009, ch. 48, § 7.
Compiler's notes. — Laws 1995, ch. 191, § 25, effective June 16, 1995, repealed Laws 1994, ch. 132, § 30, which provided for the repeal of this section on July 1, 1995.
The 2009 amendment, effective March 31, 2009, in Subsections A, B and C, added "regional housing authority" and changed "bond" to "indebtedness".
The 1995 amendment, effective June 16, 1995, redesignated the subsections, substituted "section" for "subsection" in Subsection B, and made minor stylistic changes throughout the section.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 11 - Intergovernmental Agreements and Authorities

Article 3A - Regional Housing Law

Section 11-3A-1 - Short title.

Section 11-3A-2 - Finding and declaration of necessity.

Section 11-3A-3 - Definitions.

Section 11-3A-4 - Regional housing authorities created.

Section 11-3A-5 - Jurisdiction.

Section 11-3A-6 - Powers of regional housing authority in board of commissioners; appointment of board of regional housing authorities; terms.

Section 11-3A-7 - Powers.

Section 11-3A-8 - Requirements respecting lease.

Section 11-3A-9 - Nonprofit corporations.

Section 11-3A-10 - Prohibited actions.

Section 11-3A-11 - Repealed.

Section 11-3A-12 - State policy; operation not for profit.

Section 11-3A-13 - Sales, rentals and tenant selection.

Section 11-3A-14 - Repealed.

Section 11-3A-15 - Repealed.

Section 11-3A-16 - Repealed.

Section 11-3A-17 - Repealed.

Section 11-3A-18 - Repealed.

Section 11-3A-19 - Remedies of an obligee.

Section 11-3A-20 - Additional remedies conferrable to an obligee.

Section 11-3A-21 - Exemption of property from execution sale.

Section 11-3A-22 - Exemption of property from taxation.

Section 11-3A-23 - Aid from state or federal government.

Section 11-3A-24 - Cooperation in undertaking housing projects and affordable housing programs.

Section 11-3A-25 - Procedure for exercising powers.

Section 11-3A-26 - Supplemental nature of the regional housing law.

Section 11-3A-27 - Repealed.

Section 11-3A-28 - Law controlling.

Section 11-3A-29 - Temporary provision; continuation of regional housing authorities and boards of commissioners.

Section 11-3A-30 - Financial and operational oversight.

Section 11-3A-31 - Transitional provisions; commissioners; contracts and agreements.