RESOLUTION WHEREAS, as with most metropolitan areas, Albuquerque has its share of unsanitary and unsafe housing; and
Creating Panel, Establishing a Board of Housing Commissioners To Govern The Albuquerque Housing Authority, Adopting Policy of Delegating Certain Powers To Board To Conform To State Statutory Requirements, Changing The Name of Albuquerque Housing Services (AHS) Division To Albuquerque Housing Authority (AHA), Repeal of R-1975-193 (O'Malley, by request)
CREATING PANEL, ESTABLISHING A BOARD OF HOUSING COMMISSIONERS TO GOVERN THE ALBUQUERQUE HOUSING AUTHORITY, ADOPTING POLICY OF DELEGATING CERTAIN POWERS TO BOARD TO CONFORM TO STATE STATUTORY REQUIREMENTS, CHANGING THE NAME OF ALBUQUERQUE HOUSING SERVICES (AHS) DIVISION TO ALBUQUERQUE HOUSING AUTHORITY (AHA), REPEAL OF R-1975-193.
WHEREAS, low income persons sometimes reside in sub-substandard housing; and
WHEREAS, there is a long term shortage of safe and sanitary dwellings available at rents low income persons can afford; and
WHEREAS, the public is better protected and served in an urban environment where sub-standard housing is minimized through the partnership of public and private effort; and
WHEREAS, an Albuquerque/Bernalillo County Comprehensive Plan goal is to increase the supply of affordable housing and ameliorate the problems of homelessness and displacement; and
WHEREAS, the City's Five Year Consolidated Plan and Workforce Housing Plan 2008 to 2012 findings show that there is a critical need to assist thousands of local low income families that are homeless or rent burdened or living in overcrowded and unsafe conditions; and
WHEREAS, well designed, quality built, energy-efficient, safe and affordable housing leads to stable, mixed income, diverse neighborhoods; and
WHEREAS, the creation of a Public Housing Authority (PHA) as a component unit of the City facilitates cooperation between City government, neighborhoods, non-profit affordable housing developers, the U.S. Department of Housing and Urban Development (HUD) and private home builders focused on the mitigation of existing sub-standard housing, and the production of additional affordable housing; and
WHEREAS, the City supports the development of additional affordable housing and Albuquerque Housing Services (AHS) has the experience and capability to develop, finance and manage additional affordable housing; and
WHEREAS, AHS has been in operation since 1967, as a division or department of the City, as a HUD grant funded Public Housing Agency operating the City's Low Rent Public Housing Program and Section 8 Housing Choice Voucher rental assistance program; and
WHEREAS, it is in the public interest of the inhabitants of the City of Albuquerque for the City of Albuquerque to institute programs which relieve the shortage of affordable housing and mitigate sub-standard housing conditions, pursuant to the "Municipal Housing Law" of the State of New Mexico (§3-45-1 et seq. NMSA 1978); and
WHEREAS, the City Council elects to exercise the powers granted by the Municipal Housing Law.
BE IT RESOLVED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. Albuquerque has its share of unsanitary and
SECTION 2. Low income persons sometimes live in unsanitary and unsafe housing. Currently, there is a shortage of affordable housing units in the City.
SECTION 3. The City Council intends for the City to exercise all of the municipal housing powers granted by the "Municipal Housing Law" of the State of New Mexico (§3-45-1 et seq. NMSA 1978).
SECTION 4. Effective July 1, 2011, The Albuquerque Housing Authority (AHA) is hereby created as a Component Unit of the City of Albuquerque. It shall be a Public Body Corporate, separate from the Municipal Corporation of the City of Albuquerque. All of the assets, debts and employees of Albuquerque Housing Services (AHS) division are hereby transferred to Albuquerque Housing Authority. If any transferred employees were part of a collective bargaining unit at AHS, the AHA shall immediately recognize the employees' AHS collective bargaining agent as the sole collective bargaining agent for a new unit of any transferred employees.
SECTION 5. BOARD OF HOUSING COMMISSIONERS
A. Establishment: There is hereby established a Board of Housing Commissioners for the Albuquerque Housing Authority. The Board of Housing Commissioners will assume responsibility for operation of the Housing Authority on July 1, 2011. The Board of Housing Commissioners is composed of five (5) members who shall be residents of the City of Albuquerque, but not current employees or officers of the City of Albuquerque. At least one member shall have experience in residential construction, real estate development or management. At least one other member shall be a CPA. At all times, at least one member of the Board shall be a resident of a low rent Public Housing Program dwelling unit owned by the Albuquerque Housing Authority, who shall be called the Resident Commissioner. Termination of the Dwelling Lease of the Resident Commissioner shall result in their immediate removal from the Board of Housing Commissioners. For any member of the Board, termination of their residency inside the City Limits of Albuquerque shall result in their immediate removal from the Board of Housing Commissioners.
B. Appointments: the members and chairperson of the Board of Housing Commissioners shall be appointed by the Mayor with the advice and consent of the City Council. Of the original members of the Board, one shall be appointed to a one (1) year term, another to a two (2) year term, another to a three (3) year term, another to a four (4) year term, and the last member shall be appointed to a five (5) year term. Thereafter, all members shall be appointed to five (5) year terms ending on December 1st, except that all vacancies shall be filled for the unexpired term. A commissioner shall hold office until a successor has been appointed and has qualified, unless sooner removed according to law. A commissioner may serve a maximum of two successive terms of office. The members of the Board may elect their own chairperson.
C. A certificate of the appointment or reappointment of any commissioner shall be filed by the Mayor (or his designee) with the Albuquerque City Clerk, and the certificate shall be conclusive evidence of the due and proper appointment of the commissioner. A commissioner shall receive no compensation for services to the Housing Authority in any capacity, but shall be entitled to the necessary expenses, including traveling expenses, incurred in the discharge of duties.
D. Duties, Responsibilities and Powers.
1. Delegation by the Council: The following duties, responsibilities and powers are hereby delegated to the Board of Housing Commissioners:
a. The power to govern the Albuquerque Housing Authority, a Public Body Corporate;
b. The power, within its area of operation, to 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;
c. The power to issue bonds to fund the acquisition, purchase, lease, construct, reconstruct, improvement, alteration, extension, expansion or repair of any housing project or any part of a housing project and operate and maintain the housing project;
d. The power to lease or rent any dwellings, houses, accommodations, lands, buildings, structures or facilities embraced in any housing project and, subject to the limitations contained in the Municipal Housing Law of New Mexico (§3-45-5 NMSA 1978), establish and revise the rents or charges therefore; to own, hold and improve real or personal property; to purchase, lease, obtain options upon, acquire by gift, grant, bequest, devise or otherwise any real or personal property or any interest in real or personal property; to acquire by the exercise of the power of eminent domain any real property except that no occupied residence or property occupied by a business may be acquired by eminent domain unless the Board first finds that the eminent domain action is for a public purpose as set forth in the State Metropolitan Redevelopment Code and the State Eminent Domain Code; to sell, lease, exchange, transfer, assign, pledge or dispose of any real or personal property or any interest in real or personal property; and to procure or agree to the procurement of insurance or guarantees from the federal government of the payment of any bonds or parts of any bonds issued pursuant to the Municipal Housing Law, including the power to pay premiums on any such insurance;
e. the power to enter on any lands, buildings or property for the purpose of making surveys, soundings and examinations in connection with the planning or construction or both of any housing project;
f. the power to insure or provide for the insurance of any housing project of the city against such risks as the city may deem advisable;
g. the power to arrange or contract for the furnishing by any person or agency, public or private, of services, privileges, works or facilities for or in connection with a housing project or the occupants of a housing project; and include in any construction contract let in connection with a housing project stipulations requiring that the contractor and any subcontractors comply with employment requirements, including those in the constitution and laws of this state, and in the laws of Bernalillo County and this city, as to minimum wages and maximum hours of labor and comply with any conditions that the federal government may have attached to its financial aid of the project;
h. the power within its area of operation, to investigate the living, dwelling and housing conditions and the means and methods of improving the conditions; to determine where slum areas exist or where there is a shortage of decent, safe and sanitary dwelling accommodations for persons of low and moderate income; to make studies and recommendations relating to the problem of clearing, replanning and reconstructing slum areas and the problem of providing dwelling accommodations for persons of low and moderate income, and to cooperate with the state or any political subdivision of the state in action taken in connection with the problems; and to engage in research, studies and experimentation on the subject of housing and affordable housing programs;
i. and the power to exercise all or any part or combination of powers herein granted.
SECTION 6. The Mayor shall appoint and submit to City Council for advice and consent the names, designated position the member is filling, if applicable, qualifications and terms of all five members for the Board of Housing Commissioners by February 1, 2011.
SECTION 7. CONFLICT OF INTEREST. No member of the Board of Housing Commissioners shall knowingly violate any conflict of interest provision as set out in the Code of Ethics in the City Charter.
SECTION 8. CITY EMPLOYEES. Except for the Executive Director, for at least the first two years following the creation of the Albuquerque Housing Authority, all employees shall be City of Albuquerque employees working for the Authority. The City shall enter into a memorandum of understanding with the Authority to supply such employees. The City of Albuquerque shall charge the Authority the actual cost to the City to supply those employees but shall ensure that the City shall realize no financial gain for contracting to supply those employees.
SECTION 9. RESCINDING POWERS. In the event the City Council determines it is in the best interest of the recipients of housing services through the Albuquerque Housing Authority, the City Council may rescind the powers granted in this resolution. The City Council shall give written notice of its intent to rescind the powers to the Board of Housing Commissioners no less than sixty days prior to such action. Such action shall result in the transfer of assets and operations of the Albuquerque Housing Authority to the City.
SECTION 10. REPEAL. Resolution 1975-193 (§2-6-1 Code of Resolutions) creating the Housing Commission, an advisory board on how to finance the construction of additional affordable housing, is repealed.