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 housing project and affordable housing programs only to persons falling within federally established standards;

(2) it may rent, lease or sell to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, that it deems necessary to provide safe and sanitary accommodations to the proposed occupants without overcrowding; and

(3) it shall not accept any person as a tenant in any housing program if the person has an annual net income in excess of federally established standards.

B. Nothing contained in this section or Section 3-45-9 NMSA 1978 shall be construed as limiting the power of a city to vest in an obligee the right, in the event of a default by the city, to take possession and operate housing projects or affordable housing programs or cause the appointment of a receiver thereof, free from all the restrictions imposed by this section or Section 3-45-9 NMSA 1978.

History: 1953 Comp., § 14-46-10, enacted by Laws 1965, ch. 300; 1989, ch. 50, § 4; 2009, ch. 226, § 9.

The 2009 amendment, effective April 7, 2009, after "housing projects", added "and affordable housing programs"; in Paragraph (1) of Subsection A, after "persons falling within", added "federally established" and after "standards", deleted "adopted by the authority".

The 1989 amendment, effective June 16, 1989, inserted "Sales" in the section heading; inserted "or the sale of any property pursuant to the Municipal Housing Law" in the introductory paragraph in Subsection A and inserted "property" near the end of the paragraph; in Subsection A(1), inserted "or sell" and added "falling within the standards adopted by the authority" at the end of the subsection; inserted "or sell" in Subsection A(2); rewrote Subsection A(3); substituted "3-45-9 NMSA 1978" for "14-46-9 New Mexico Statutes Annotated, 1953 Compilation" in Subsection B; and made minor stylistic changes throughout the section.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Housing Laws and Urban Redevelopment §§ 33, 34.

Tenant selection criteria under § 8 of Housing Act of 1937 (42 USCS § 1437f), 80 A.L.R. Fed. 470.