New Mexico Statutes
Article 18 - Mortgage Finance Authority
Section 58-18-3.1 - Additional definitions; multiple-family dwellings, transitional and congregate housing facilities.

As used in the Mortgage Finance Authority Act:
A. "multiple-family dwelling 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 sixty percent of whom are persons and families of low or moderate income, including without limitation persons of low or moderate income who are elderly and who have a disability as determined by the authority, provided that the percentage of low-income persons and families shall be at least the minimum required by federal tax law;
B. "transitional housing facility" means residential housing that is designed for temporary or transitional occupancy by persons or families of low or moderate income or special needs;
C. "congregate housing facility" means residential housing designed for occupancy by more than four persons or families of low or moderate income living independently of each other. The facility may contain group dining, recreational, health care or other communal facilities and each unit in a congregate housing facility shall contain at least its own living, sleeping and bathing facilities;
D. "project mortgage loan" means a mortgage loan made to a sponsor to finance project costs of a multiple-family dwelling or transitional or congregate housing facility; and
E. "sponsor" means an individual, association, corporation, joint venture, partnership, limited partnership, trust or any combination thereof that has been approved by the authority as qualified to own and maintain a multiple-family dwelling or transitional or congregate housing facility in New Mexico, maintains its principal office or a branch office in New Mexico and has agreed to subject itself to the regulatory powers of the authority and the jurisdiction of the courts of the state.
History: 1978 Comp., § 58-18-3.1, enacted by Laws 1982, ch. 86, § 3; 1983, ch. 310, § 1; 1995, ch. 9, § 4; 2007, ch. 46, § 47.
The 2007 amendment, effective June 15, 2007, amends the section to make non-substantive language changes.
The 1995 amendment, effective June 16, 1995, added "transitional and congregate housing facilities" in the section heading; deleted former Subsection A defining "FHA" and redesignated former Subsection B as Subsection A; added Subsections B and C and redesignated former Subsections C and D as Subsections D and E; in Subsection A, substituted "sixty percent" for "twenty-five percent", inserted "or moderate" in two places, and deleted "provided that the percentage of low income persons and families shall be at least the minimum required by federal tax law" at the end; deleted "during construction and on a permanent basis the" following "sponsor to finance" in Subsection D; inserted "transitional or congregate housing" in Subsections D and E; and made minor stylistic changes throughout the section.

Structure New Mexico Statutes

New Mexico Statutes

Chapter 58 - Financial Institutions and Regulations

Article 18 - Mortgage Finance Authority

Section 58-18-1 - Short title.

Section 58-18-2 - Legislative findings; declaration of purpose.

Section 58-18-2.1 - Multiple-family, transitional and congregate dwellings; supplemental legislative findings and purpose.

Section 58-18-3 - Definitions.

Section 58-18-3.1 - Additional definitions; multiple-family dwellings, transitional and congregate housing facilities.

Section 58-18-3.2 - Secondary mortgage funds; additional definitions.

Section 58-18-4 - Authority created.

Section 58-18-5 - Powers of the authority.

Section 58-18-5.1 - Recompiled.

Section 58-18-5.2 - Authority duties.

Section 58-18-5.3 - Authority; multiple-family dwellings, transitional and congregate housing facilities.

Section 58-18-5.4 - Duties of authority; multiple-family dwellings, transitional and congregate housing facilities.

Section 58-18-5.5 - Additional powers of authority; authority designated as single state housing authority; application for and receipt of federal funds; administration of housing programs.

Section 58-18-5.6 - Duties; behavioral health.

Section 58-18-6 - Loans to mortgage lenders.

Section 58-18-7 - Purchase of mortgage loans.

Section 58-18-7.1 - Sale of project mortgage loans.

Section 58-18-7.2 - Secondary market facility; findings and purposes; establishment.

Section 58-18-7.3 - Rehabilitation loans and home improvement loans.

Section 58-18-8 - Rules and regulations of the authority.

Section 58-18-8.1 - Rules and regulations of the authority; multiple-family dwellings, transitional and congregate housing facilities.

Section 58-18-8.2 - Rules and regulations of the authority; secondary market facility.

Section 58-18-8.3 - Rules and regulations of the authority; home improvement loan program.

Section 58-18-9 - Required determinations of the authority.

Section 58-18-9.1 - Repealed.

Section 58-18-10 - Planning, zoning and building laws.

Section 58-18-11 - Bonds and notes of the authority.

Section 58-18-11.1 to 58-18-11.5 - Repealed.

Section 58-18-12 - Reserve funds.

Section 58-18-13 - Notice or publication not required.

Section 58-18-14 - Remedies of bondholders and noteholders.

Section 58-18-14.1 - Project mortgage loans; enforcement of agreement.

Section 58-18-15 - State and municipalities not liable on bonds and notes.

Section 58-18-16 - Agreement of the state.

Section 58-18-17 - Bonds, notes and other obligations; legal investments for public officers and fiduciaries.

Section 58-18-18 - Tax exemption.

Section 58-18-19 - No contribution by state or municipality.

Section 58-18-20 - Money of the authority.

Section 58-18-21 - Limitation of liability.

Section 58-18-22 - Assistance by state officers and agencies.

Section 58-18-23 - Court proceedings; preference; venue.

Section 58-18-24 - Corporate existence.

Section 58-18-25 - Conflicts of interest; penalty.

Section 58-18-26 - Cumulative authority.

Section 58-18-27 - Liberal interpretation.