[HISTORY: Adopted by the City Council of the City of Las
Vegas 12-19-2012 by Ord. No. 12-22. Amendments noted where applicable.]
GENERAL REFERENCES
Fair housing — See Ch. 217.
This chapter might be cited as the "Affordable Housing Ordinance."
This chapter and the proposed contributions it authorizes is
in compliance with the City of Las Vegas approved Affordable Housing
Plan, as required by the Affordable Housing Rule 2.12. This chapter
is adopted to implement the City of Las Vegas' Affordable Housing
Program. In accordance with N.M. Const. art. IX, § 14, the
Affordable Housing Act, NMSA 1978, § 6-27-1 et seq. (the
"Act"), Rules, the purpose of the Affordable Housing Ordinance is
to:
A.
Establish procedures to ensure that both state and local housing
assistance grantees are qualifying grantees who meet the requirements
of the Act and the rules promulgated pursuant to the Act both at the
time of the award and throughout the term of any grant or loan under
the Program;
B.
Establish an application and award timetable for state housing assistance
grants or loans to permit the selection of the qualifying grantee(s)
by the City of Las Vegas;
C.
Create an evaluation process to determine:
(1)
The financial and management stability of the applicant;
(2)
The demonstrated commitment of the applicant to the community;
(3)
A cost-benefit analysis of the project proposed by the applicant;
(4)
The benefits to the community of a proposed project;
(5)
The type or amount of assistance to be provided;
(6)
The scope of the affordable housing project;
(7)
Any substantive or matching contribution by the applicant to the
proposed project;
(8)
A performance schedule for the qualifying grantee with performance
criteria; and
(9)
Any other rules or procedures which the City of Las Vegas believes
are necessary for a full review and evaluation of the applicant and
the application or by which the MFA believes is necessary for a full
review of the City of Las Vegas' evaluation of the applicant;
D.
Require a long-term affordability of the City of Las Vegas'
affordable housing projects so that a project cannot be sold shortly
after completion and taken out of the affordable housing market to
ensure a quick project for the qualifying grantee;
E.
Require that a grant loan for a project must impose a contractual
obligation on the qualifying grantee that the affordable housing units
in any project be occupied by persons of low or moderate income;
F.
Provide for adequate security against the loss of public funds or
property in the event that the qualifying grantee abandons or otherwise
fails to complete the project;
G.
Require review and approval of a housing grant project budget by
the City of Las Vegas and/or the MFA before any expenditure of grant
funds or transfer of granted property;
H.
Require that a condition of grant or loan approval be proof of compliance
with all applicable state and local laws, rules, and ordinances;
I.
Provide definitions for "low income" and "moderate income," and set
out requirements for verification of income levels; and
J.
Require that the City of Las Vegas enter into a contract with the
qualifying grantee consistent with the Act, which contract shall include
remedies and default provisions in the event of the unsatisfactory
performance by the qualifying grantee and which contract shall be
subject to the review of the MFA in its discretion.
The following words and terms shall have the following meanings.
The Affordable Housing Act, NMSA 1978, § 6-27-1
et seq.
Consistent with minimum rent and/or income limitations set
forth in the WA Act and in guidelines established by the MFA.
Residential housing primarily for persons or households of
low or moderate income.
Any or all funds awarded or to be awarded, loaned or otherwise
distributed under the Act for payments of the costs of infrastructure
for affordable housing under an affordable housing plan.
A plan pursuant to an affordable housing program that contemplates
one or more affordable housing projects, which may be developed in
one or more phases.
Any programs the City of Las Vegas and/or the MFA establish
pursuant to the Act.
Any work or undertaking, whether new construction, acquisition
of existing residential housing, remodeling, improvement, rehabilitation,
or conversion, which may be undertaken in one or more phases, as part
of an affordable housing plan, as approved by the City of Las Vegas
and/or the MFA for primary purposes as allowed by the Act.
If the fair market value of any housing assistance grant or
the total amount of affordable housing funds that have been awarded,
loaned, donated or otherwise conveyed to the qualifying grantee is
from $1 to $14,999.99, then the affordability period shall be not
less than five years.
If the fair market value of any housing assistance grant or
the total amount of affordable housing funds is from $15,000 up to
and including $40,000, then the affordability period shall be not
less than 10 years.
If the fair market value of any housing assistance grant or
the total amount of affordable housing funds is from $40,000 up to
and including $100,000, then the affordability period shall be not
less than 15 years.
If the fair market value of any housing assistance grant or
the total amount of affordable housing funds is greater than $100,000,
then the affordability period shall be not less than 20 years.
Subject to further qualifications in § 98-4B, an
individual, a governmental housing agency, regional housing authority,
a for-profit organization, including a corporation, limited-liability
company, partnership, joint venture, syndicate, or association, or
a nonprofit organization meeting the appropriate criteria of the City
of Las Vegas and/or the MFA.
An application to participate in one or more affordable housing
programs or affordable housing plans under the Act, submitted by an
applicant of the City of Las Vegas and/or the MFA.
An individual or entity licensed as a general contractor
to construct residential housing in the state that satisfies the requirements
of a qualifying grantee and has been approved by the City of Las Vegas
and/or the MFA to participate in an affordable housing program. The
term "builder" shall also include an individual or entity that satisfies
the requirements of a qualifying grantee and has been approved by
the City of Las Vegas and/or the MFA to participate in an affordable
housing program, who is not licensed as a general contractor in the
state, provided such individual or entity contracts with a general
contractor licensed in the state to construct residential housing.
A structure capable of being renovated or converted into
affordable housing or a structure that is to be demolished and is
located on land donated for use in connection with an affordable housing
project.
That City of Las Vegas, New Mexico, a New Mexico municipal
corporation.
Residential housing designated for occupancy by more than
four persons of low or moderate income living independently of each
other. The facility may contain group dining, recreational, and health
care or other communal living facilities, and each unit in a congregate
housing facility shall contain its own living, sleeping, and bathing
facilities.
The United States of America and any agency or instrumentality,
corporate or otherwise, of the United States of America.
One or more persons occupying a housing unit.
The donation by the City of Las Vegas of:
The United States Department of Housing and Urban Development.
Infrastructure improvements and infrastructure purposes.
Includes, but is not limited to:
Sanitary sewage system, including collection, transport, diversion,
storage, detention, retention, dispersal, effluent use and discharge;
Drainage and flood control systems, including collection, transport,
diversion, storage, detention, retention, dispersal, use and discharge;
Water systems for domestic purposes, including production, collection,
storage, treatment, transport, delivery, connection and dispersal;
Areas for motor vehicle use for road access, ingress, egress
and parking;
Trails and areas for pedestrian, equestrian, bicycle or other
non-motor vehicle use for access, ingress, egress and parking;
Parks, recreational facilities and open space areas for the
use of residents for entertainment, assembly and recreation;
Landscaping, including earthworks, structures, plants, trees
and related water delivery systems;
Electrical transmission and distribution facilities;
Natural gas distribution facilities;
Lighting systems;
Cable or other telecommunications lines and related equipment;
Traffic control systems and devices, including signals, controls,
markings and signs;
Inspection, construction management and related costs in connection
with the furnishing of the items listed in this subsection; and
Heating, air-conditioning and weatherization facilities, systems
or services, and energy efficiency improvements that are affixed to
real property.
Planning, designing, engineering, construction, acquisition
or installation of infrastructure, including the costs of applications,
impact fees and other fees, permits and approvals related to the construction,
acquisition, or installation of the infrastructure, provided the City
of Las Vegas may determine it appropriate to reduce or waive building
permit fees, sewer and water hookup fees and other fees with respect
to an affordable housing project for which affordable housing funds
and/or housing assistance grants are awarded, loaned, donated or otherwise
distributed under the Act;
Acquiring, converting, renovating or improving existing facilities
for infrastructure, including facilities owned, leased or installed
by the owner;
Acquiring interests in real property or water rights for infrastructure,
including interests of the owner; and
Incurring expenses incident to and reasonably necessary to carry
out the purpose specified in this subsection.
The New Mexico Mortgage Finance Authority.
The Mortgage Finance Authority Act, enacted as Chapter 303
of the laws of 1975 of the State of New Mexico, as amended (being
NMSA 1978, §§ 58-18-1 through 58-18-27, inclusive,
as amended).
A mortgage, mortgage, deed, deed of trust or other instrument
creating a lien, subject only to title exceptions as may be acceptable
to the City of Las Vegas and/or the MFA, on a fee interest in real
property located within the state or on a leasehold interest that
has a remaining term at the time of computation that exceeds or is
renewable at the option of the lessee until after the maturity day
of the mortgage loan.
Any bank or trust company, mortgage company, mortgage banker,
national banking association, savings bank, savings and loan association,
credit union, building and loan association and any other lending
institution, provided that the mortgage lender maintains an office
in the state, is authorized to make mortgage loans in the state and
is approved by the City of Las Vegas and/or the MFA and either the
Federal Housing Authority, Veterans' Affairs, Federal National
Mortgage Association (now known as "Fannie Mae"), or Federal Home
Loan Mortgage Corporation.
A financial obligation secured by a mortgage, including a
mortgage loan for a project.
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 60% of whom are
persons of low or moderate income, including, without limitation,
persons of low or moderate income who are elderly and handicapped
as determined by the City of Las Vegas and/or the MFA, provided that
the percentage of low-income persons and families shall be at least
the minimum, if any, required by federal tax law.
A program involving a congregate housing facility, a multiple-family
housing project or a transitional housing facility.
Persons and families within the state who are determined
by the MFA to lack sufficient income to pay enough to cause private
enterprise to build an adequate supply of decent, safe and sanitary
residential housing in their locality or in an area reasonably accessible
to their locality and whose incomes are below the income levels established
by the MFA to be in need of the assistance made available by the Act,
taking into consideration, without limitation, such factors as defined
under the Act. For purposes of this definition, the word "families"
shall mean a group of persons consisting of, but not limited to, the
head of a household; his or her spouse, if any; and children, if any,
who are allowable as personal exemptions for federal income tax purposes.
PERSONS OF LOW INCOMEIndividuals or households whose incomes are at or below 80% of area median income, defined by the Income Limits for San Miguel County, NM, as approved and published each year by MFA.
PERSONS OF MODERATE INCOMEIndividuals or households whose incomes are at or below 120% of area median income, defined by the Income Limits for San Miguel County, NM, as approved and published each year by MFA.
This chapter (Ordinance No. 12-22).
Policies and procedures of the MFA, including, but not limited
to, mortgage loan purchasing, selling, servicing and reservation procedures,
which the MFA may update and revise from time to time as the MFA deems
appropriate.
Include, but are not limited to, any entities that support
affordable housing and which believe that the program or project proposed
by the application is worthy and advisable, but which are not involved,
either directly or indirectly, in the affordable housing program or
project for which the applicant is applying.
An individual who is qualified to receive assistance pursuant
to the Act and is approved by the City of Las Vegas; and
A governmental housing agency, regional housing authority, corporation,
a limited-liability company, partnership, joint venture, syndicate,
association or a nonprofit organization that:
The recertification of applicants and/or qualifying grantees
participating in any affordable housing programs or in any programs
under the Act as determined necessary from time to time by the City
of Las Vegas and/or the WA.
The substantial renovation or reconstruction of an existing
single-family residence or a multifamily housing project, which complies
with requirements established by the MFA. Rehabilitation shall not
include routing or ordinary repairs, improvements or maintenance,
such as interior decorating, remodeling or exterior painting, except
in conjunction with other substantial renovations or reconstruction.
Any building, structure or portion thereof that is primarily
occupied, or designed or intended primarily for occupancy, as a residence
by one or more households and any real property that is offered for
sale or lease for the construction or location thereon of such a building,
structure or portion thereof. Residential housing includes congregate
housing, manufactured homes and housing intended to provide transitional
or temporary housing for homeless persons.
That the structure or the portion of the structure to benefit
from the affordable housing funds or housing assistance grant is designed
primarily for use as the principal residence of the occupant or occupants
and shall exclude vacation or recreational homes.
Any request for proposal made by the City of Las Vegas.
The New Mexico Finance Authority Affordable Housing Rules,
adopted pursuant to NMSA 1978, § 6-27-8B.
The State of New Mexico.
Residential housing that is designed for temporary or transitional
occupancy by persons of low or moderate income or special needs.
With the exception of housing assistance grants involving findings
from the state which shall be governed as herein below, the following
requirements shall apply to all housing assistance grants and/or affordable
housing funds awarded, loaned or otherwise distributed by City of
Las Vegas under the Act to a qualifying grantee.
The City of Las Vegas, in its discretion, may issue one or more
RFPs to solicit applications from applicants or shall otherwise identify
a qualifying grantee for the use of any affordable housing funds or
housing assistance grants to be awarded, loaned, donated or otherwise
distributed under the Act.
The following applicants are eligible under the Act to apply
for affordable housing funds or a housing assistance grant to provide
housing or related services to persons of low or moderate income in
the community:
A.
All individuals who are qualified to receive assistance pursuant to the Act, the rules, and this chapter that are approved by the City of Las Vegas; the income of an individual or household seeking to participate in an affordable housing program or receive an affordable housing contribution shall not exceed the defined income ranges as set forth in § 98-3. The requirements to verify the income level is as follows: The household eligibility shall be certified by the City or its agent no more than 90 days prior to receiving assistance. The certification is valid for six months. If six months elapse before the applicant receives assistance, the household eligibility shall be recertified, and such certification shall be valid for an additional 90 days.
B.
All regional housing authorities and any governmental housing agencies.
C.
All for-profit organizations, including any corporation, limited-liability
company, partnership, joint venture, syndicate or association.
D.
All nonprofit organizations meeting the following requirements:
(1)
A primary mission of the nonprofit organization must be to provide
housing or housing-related services to persons of low or moderate
income; and
(2)
The nonprofit organization must have received its 501(c)(3) designation
prior to submitting an application; and
(3)
Have no part of its net earning inuring to the benefit of any member,
founder, contributor, or individual.
E.
All nonindividual applicants must:
(1)
Be organized under state or local laws and provide proof of such
organization and be approved by the City of Las Vegas.
(2)
Have a functioning accounting system that is operated in accordance
with generally accepted accounting principles or have designated an
entity that will maintain such an accounting system consistent with
generally accepted accounting principles.
(3)
Have among its purposes significant activities related to providing
housing or services to persons or households of low or moderate income.
(4)
Have no significant outstanding or unresolved monitoring findings
from the City of Las Vegas, the WA, or its most recent independent
financial audit, or if it has any such findings, it has a certified
letter from the City of Las Vegas, the MFA, or auditor stating that
the findings are in the process of being resolved.
A.
Process for applying. Applicants wishing to apply for a housing assistance
grant, including the use of any affordable housing funds, or to participate
in any affordable housing programs are required to submit to the City
of Las Vegas the following (as applicable):
(1)
One original application, together with all required schedules, documents,
or such other information which may be required by the City of Las
Vegas or in any RFP which may have been issued by the City of Las
Vegas, must be included in the complete application;
(2)
A proposal describing the nature and a scope of the affordable housing
project proposed by the applicant and for which the applicant is applying
for funds or a grant under the Act, and which describes the type and/or
amount of assistance which the applicant proposes to provide to persons
of low or moderate income;
(3)
Executive summary and project narrative(s) that address the evaluation
criteria set forth in any RFP issued by the City of Las Vegas for
the affordable housing funds or the housing assistance grant for which
the applicant is applying;
(4)
A proposed budget for the affordable housing project for which the
applicant is applying for affordable housing funds or for a housing
assistance grant;
(5)
Current independent financial audit;
(7)
If an applicant is a legal entity, including a nonprofit organization;
(a)
A current annual budget for the applicant, including all sources
and uses of funds, not just those related to relevant programs and/or
a current annual budget only for the program for which the applicant
is applying for a housing assistance grant, or as otherwise may be
required by the City of Las Vegas and/or the MFA in its discretion;
(b)
An approved mission statement that the applicant has among its
purposes significant activities related to providing housing or housing-related
services to persons or households of low or moderate income;
(c)
A list of members of the applicant's current board of directors
or other governing body, including designated homeless participation,
where required by the City of Las Vegas;
(d)
Evidence (or a certification as may be allowed by the City of
Las Vegas) that the applicant has a functioning accounting system
that is operated in accordance with generally accepted accounting
principles, or has a designated entity that will maintain such an
accounting system consistent with generally accepted accounting principles;
(e)
Evidence that the applicant has no significant outstanding or
unresolved monitoring findings from the City of Las Vegas, the MFA,
or its most recent independent financial audit; or if it has any significant
outstanding or unresolved monitoring findings from the City of Las
Vegas, the MFA, or its most recent independent financial audit, it
has a certified letter from the City of Las Vegas, the MFA, or the
auditor stating that the findings are in the in the process of being
resolved;
(f)
An organizational chart, including job titles and qualifications
for the applicant's employees or as otherwise may be required
by the City of Las Vegas and/or the MFA in its discretion. Job descriptions
may be submitted as appropriate;
(g)
Documentation that the applicant is duly organized under state
or local law and certification that the applicant is in good standing
with any state authorities, including the Public Regulation Commission
and the Secretary of State.
(8)
Information may be required by the City of Las Vegas in order for
it to determine the financial and management stability of the applicant;
(9)
Information as may be required by the City of Las Vegas in order
for it to determine the demonstrated commitment of the applicant to
the community;
(10)
A completed cost-benefit analysis of the affordable housing project
proposed by the applicant. Any cost-benefit analysis must include
documentation that clearly evidences that there is or will be a direct
benefit from the project proposed by the applicant to the community
and/or to the purported beneficiaries of the project, consistent with
the provision of the Act;
(11)
Information supporting the benefits to the community of the affordable
housing project proposed by the applicant;
(12)
Proof of substantive or matching funds or contributions and/or in
kind donations to the proposed affordable housing project in connection
with the application for funds under the Act. Nothing contained herein
shall prevent or preclude an applicant from matching or using local,
private, or federal funds in connection with a specific housing assistance
grant or a grant of affordable housing funds under the Act;
(13)
Any certifications or other proof which the City of Las Vegas may
require in order for the City of Las Vegas to confirm that the applicant
is in compliance with all applicable federal, state or local laws,
rules and ordinances;
(14)
A verification signed by the applicant before a notary public that
the information provided, upon penalty of perjury, is true and correct
to the best of the applicant's information, knowledge, and belief;
(15)
Certification as may be required by the City of Las Vegas and signed
by the chief executive officer, board president, or other authorized
official of the applicant, provided that the City of Las Vegas, at
its discretion, may waive any of the foregoing requirements if not
deemed applicable;
Applicants who are submitting applications in connection with
a multifamily housing program must also submit to the City of Las
Vegas the following additional information:
A.
A verified certificate that, among other things:
(1)
Identifies every multifamily housing program, including every assisted
insured project of HUD, RHS, FHA and any other state or local government
housing finance agency in which such applicant has been or is a principal;
(2)
Except as shown on such certificate, states that:
(a)
No mortgage on a project listed on such certificate has ever
been in default, assigned to the federal government or foreclosed,
nor has any mortgage relief by the mortgagee been given;
(b)
There has not been a suspension or termination of payments under
any HUD assistance contract in which the applicant has had a legal
or beneficial interest;
(c)
Such applicant has not been suspended, debarred or otherwise
restricted by any department or agency of the federal government or
any state government from doing business with such department or agency
because of misconduct or alleged misconduct; and
(d)
The applicant has not defaulted on an obligation covered by
a surety or performance bond.
B.
If such applicant cannot certify to each of the above, such applicant
shall submit a signed statement to explain the facts and circumstances
that such applicant believes will explain the lack of certification.
The City of Las Vegas may then determine if such applicant is or is
not qualified.
(1)
The experience of the applicant in developing, financing and managing
Multiple- Family Housing Projects; and
(2)
Whether the applicant has been found by the United States Equal Employment
Opportunity Commission or the New Mexico Human Rights Commission to
be in noncompliance with any applicable civil rights laws.
If the applicant is a mortgage lender, the City of Las Vegas
shall consider, among other things:
A.
The financial condition of the applicant;
B.
The terms and condition of any loans to be made;
C.
The aggregate principal balances of any loans to be made to each
applicant compared with the aggregate principal balances of the loans
to be made to all other applicants;
D.
City of Las Vegas assessment of the ability of the applicant or its
designated servicer to act as originator and servicer of mortgage
loans for any multifamily housing programs or other programs to be
financed; and
E.
Previous participation by the applicant in the MFA's programs
and HUD, Federal Housing Authority, or Rural Housing Service programs.
A.
Time, place and method of submission delivery.
(1)
If the City of Las Vegas has issued a RFP, all applications must
be received by the City of Las Vegas no later than the deadline set
forth in the RFP; otherwise, all applications must be received by
the City of Las Vegas by the deadline the City of Las Vegas has established
in connection with the respective award or grant. So that any qualifying
grantees no later than October 15 of any year in order to allow sufficient
time for prospective applicants to respond to any such RFP, solicitation,
or otherwise, and further to allow the MFA not less than 45 days in
which to review any such applications or otherwise determine or confirm
that an applicant is a qualifying grantee under the Act and consistent
with the Rules.
(2)
Applications shall be submitted by applicants to the City of Las
Vegas in the form required by the City of Las Vegas and shall contain
all information which is required by this chapter and any RFP which
may have been issued.
B.
Additional factors. The application procedures shall take into consideration:
(1)
Timely completion and submission to the City of Las Vegas of an application
or other appropriate response to any solicitation by the City of Las
Vegas;
(2)
Timely submission of all other information and documentation related
to the program required by the City of Las Vegas as set forth in this
chapter or as set forth in the Rules;
(3)
Timely payment of any fees required to be paid by the City of Las
Vegas at the time of submission of the application; and
(4)
Compliance with program eligibility requirements as set forth in
the Act, the Rules and this chapter.
A.
City forms or MFA forms (if available) must be used when provided
and no substitutions will be accepted; however, attachments may be
provided as necessary.
B.
An applicant's failure to provide or complete any element of
an application, including all requirements of the City of Las Vegas
or as may be listed on any RFP, may result in the rejection of the
application prior to review.
C.
Illegible information provided in the application and/or incomplete
forms will be treated as missing information and evaluated accordingly.
D.
The City of Las Vegas and the MFA reserve the right to request further
information from any applicant so long as the request is done fairly
and does not provide any applicant an undue advantage over another
applicant.
E.
The City of Las Vegas, in its discretion, may cancel any RFP or reject
any or all proposals, in whole or part, submitted by any applicant.
F.
Neither the City of Las Vegas nor the MFA shall be responsible for
any expenses incurred by the applicant in preparing and submitting
an application. However, the City of Las Vegas or the MFA, as applicable,
may establish and collect fees from applicants who file applications.
Notice that fees will be charged and the amount of any such fees shall
be included by the City of Las Vegas or the MFA, as applicable, in
any RFP or otherwise shall be advertised as part of the application
solicitation process.
On receipt of an application the City of Las Vegas shall:
A.
Determine whether the application submitted by the applicant is complete
and responsive;
B.
Determine whether the applicant is a qualifying grantee as defined
herein and in the Act;
C.
Review and analyze whether the applicant has shown a demonstrated
need for activities to promote and provide affordable housing and
related services to persons of low or moderate income;
D.
Determine whether the applicant has demonstrated experience related
to providing housing or services to persons of low or moderate income,
as well as experience and/or the capacity to administer the affordable
housing program or project for which the applicant has applied;
E.
Determine whether the applicant's proposal provides a plan for
coordinating with other service providers in the community; whether
the applicant's plan addresses how persons of low income or moderate
income, in need of housing and/or housing-related supportive services,
can receive supportive services and referrals to federal, state and
local resources; and whether the applicant's plan addresses outreach
efforts to reach the population to be served as identified by the
City of Las Vegas in any RFP or otherwise;
F.
Determine whether the applicant has support from public service agencies,
or such other support as may be required by the City of Las Vegas
and/or the MFA, in its discretion, for its proposed services in the
community;
G.
Ascertain the amount of any matching funds or in-kind services specific
to the program that may be utilized by the applicant in connection
with the program;
H.
Ascertain whether any local, private, or federal funds will be used
by the applicant in connection with the specific grant for which the
applicant is applying;
I.
Ascertain whether the applicant has and can demonstrate the capability
to manage the implementation of the program for which the applicant
is applying;
J.
If the applicant is a prior recipient of either a housing assistance
grant, affordable housing funds and/or other program funds, confirm
that the applicant has no outstanding findings or matters of noncompliance
with program requirements from the City of Las Vegas or the MFA, as
applicable, or if it has any such findings, it has a certified letter
from the City of Las Vegas, the MFA, or auditor stating that the findings
are in the process of being resolved;
K.
If the applicant is a prior recipient of either a housing assistance
grant, affordable housing funds and/or other program funds, confirm
that the applicant reasonably committed and expended the funds under
the prior program and/or met anticipated production levels as set
forth in any contract with the City of Las Vegas or the MFA as applicable,
for those prior program funds;
L.
Evaluate the applicant's proposal in part based upon the applicant's
current financial audit;
M.
Evaluate the applicant's proposed budget for the project for
which the applicant is applying for affordable housing funds or a
housing assistance grant, which proposed budget must be approved by
the City of Las Vegas before the applicant can be approved as a qualifying
grantee and any expenditure of grant funds under the Act or granted
property is transferred to the applicant;
N.
On receipt of an application from a builder, the City of Las Vegas
will analyze the builder's ability to construct and sell sufficient
residential housing units to persons of low or moderate income within
the time or times as may be required by the City of Las Vegas;
O.
Consider other factors it deems appropriate to ensure a reasonable
geographic allocation for all affordable housing programs;
P.
Discretion, and which contract(s) shall include remedies and default
provisions in the event of the unsatisfactory performance by the qualifying
grantee.
The City of Las Vegas shall certify an application to the MFA,
in writing, upon:
The MFA, upon its receipt of the certification from the City
of Las Vegas, may, in its discretion, review the application and any
of the materials submitted by the applicant to the City of Las Vegas.
The MFA may also request any additional information from the applicant,
which it may require in order to determine whether the applicant is
a qualifying grantee under the Act and the application is complete.
The MFA will then notify the City of Las Vegas of its determination
of whether or not the application is complete and that the requirements
of the Act and the Rules have been satisfied and the applicant is
a qualifying grantee. Unless the period is extended for good cause
shown, the MFA shall act on an application within 45 days of its receipt
of any application, which the MFA deems to be complete, and, if not
acted upon, the application shall be deemed to be approved. The qualifying
grantee must be contractually obligated to abide by a reasonable performance
schedule and performance criteria.
The City of Las Vegas, upon completion of its review of the
application and an evaluation of the criteria for approval of the
application as set forth in the this chapter and in any RFP issued
by the City of Las Vegas and upon its determination that the applicant
is a qualifying grantee, and upon its receipt of notification from
the MFA that it agrees that the application is complete and that the
Act and Rules have been satisfied and the applicant is a qualifying
grantee, by written notice shall notify each applicant which has submitted
an application of the approval or disapproval of its application.
Upon approval of its application, the applicant shall be considered
approved to participate in the Affordable Housing Program. The City
of Las Vegas and the MFA's determination of any application shall
be conclusive.
Upon acceptance, the following additional requirements shall
apply to any applicant, who is a qualifying grantee:
A.
Contractual requirements. The recipient of any affordable housing
contribution must enter into one (or more) contracts with the City
of Las Vegas, which contract(s) shall be consistent as required by
the Affordable Housing Rule (5.6) and subject to the review of the
MFA, in its discretion, and which contract(s) shall include remedies
and default provisions in the event of the unsatisfactory performance
by the qualifying grantee.
B.
Security provisions; collateral requirements. In accordance with
the Act, the Rules and this chapter, the City of Las Vegas shall require
the qualifying grantee to execute documents, which will provide adequate
security against the loss of public funds or property in the event
the qualifying grantee abandons or fails to complete the affordable
housing project, and which shall further provide, as may be permitted
by law, for the recovery of any attorneys' fees and costs which
the City of Las Vegas and/or the MFA may incur in enforcing the provisions
of this chapter, the Rules, the Act and/or any agreement entered in
to by the City of Las Vegas and the qualifying grantee, and which
documents may include, but are not limited to the following: note,
mortgage, loan agreement, land use restriction agreement, restrictive
covenant agreements and/or any other agreement which the City of Las
Vegas may require in order to allow for any funds which the qualifying
grantee may receive under a housing assistance grant or affordable
housing funds to be adequately secured and allow the City of Las Vegas
and the MFA to ensure that such funds shall be utilized by the qualifying
grantee in accordance with the Act, the Rules, and this chapter.
C.
Performance schedule and criteria. The qualifying grantee shall be
required to abide by a reasonable performance schedule and performance
criteria that the City of Las Vegas, in its discretion, may establish.
D.
Examination of book and records. The qualifying grantee shall submit,
and the City of Las Vegas shall cause to be made such examinations
of, the books and records of each qualifying grantee's compliance
with the terms of the Act, the Rules, this chapter and any contracts
between the qualifying grantee and the City of Las Vegas. The City
of Las Vegas and/or the MFA may require each qualifying grantee to
pay the costs of any such examination.
E.
Infrastructure cost reimbursement contracts.
(1)
Cost reimbursement. Payments to a qualifying grantee under cost reimbursable
contract provisions shall be made upon the City of Las Vegas'
receipt from the qualifying grantee of certified and documented invoices
for actual expenditures allowable under the terms of any agreement
between the qualifying grantee and City of Las Vegas.
(2)
Cost reimbursements from units of service. Payments under any unit
cost contract provisions shall be made upon the City of Las Vegas'
receipt from the qualifying grantee of a certified and documented
invoice showing the number of units of service provided during the
billing period.
(3)
Rate at which costs incurred. Under unit cost of cost reimbursable
contracts, it is anticipated that costs will be incurred by the qualifying
grantee at an approximate level rate during the term of any agreement
between the qualifying grantee and the City of Las Vegas. If the City
of Las Vegas determines that the agreement by the qualifying grantee
at the approximate level rate during the term of any agreement between
the qualifying grantee and the City of Las Vegas. If the City of Las
Vegas determines that the qualifying grantee is under spending or
overspending, the City of Las Vegas may reduce the budget and/or exercise
such other budgetary fiscal controls it deems appropriate.
(4)
Invoices. The qualifying grantee shall not submit invoices more than
once a month, unless written approval is obtained, in advance, from
the City of Las Vegas. Failure to submit invoices within 20 days of
the close of the month for which payment is sought may result in the
nonavailability of funds for reimbursement.
(5)
No dual application of costs. The qualifying grantee shall certify
that any direct or indirect costs claimed by the qualifying grantee
will be allocable to or included as a cost of any other program, project,
contract, or activity operated by the qualifying grantee and which
has not been approved by the City of Las Vegas in advance, in writing.
(6)
Prohibition of substitution of funds. Any affordable housing funds
or other amounts received by the qualifying grantee may not be used
by the qualifying grantee to replace other amounts made available
or designated by the state of local governments through appropriations
for use for the purposes of the Act.
(7)
Cost allocation. The qualifying grantee shall clearly identify and
distribute all costs incurred pertaining to the affordable housing
project by a methodology and cost allocation plan at times and in
a manner prescribed by, or acceptable to, the City of Las Vegas.
F.
Additional information. Qualifying grantees shall provide the City
of Las Vegas with any and all information which the City of Las Vegas
reasonably may required in order for it to confirm that the qualifying
grantees continue to satisfy the requirements of the Act, the Rules,
and this chapter throughout the term of any contract and/or any affordability
period or otherwise as may be required by the City of Las Vegas or
the MFA in its discretion. At a minimum, on an annual basis, the City
of Las Vegas shall certify to the MFA, in writing, that, to the best
of its knowledge, the qualifying grantee is in compliance with applicable
provisions of the Act, the Rules and this chapter.
All affordable housing funds or housing assistance grants awarded
under the Act are to be used by qualifying grantees for the benefit
of persons of low or moderate income subject to the provisions of
the Act and with particular regard to their housing-related needs.
An application must include a provision requiring proof of the need
for an affordable housing contribution. The applicant shall submit
adequate information, as required by the City of Las Vegas and/or
the MFA, of the affordable housing project proposed by the applicant.
The information provided must clearly evidence the need for the subsidy,
that the value of the housing assistance grant reduces the housing
costs to persons of low or moderate income, and that there is or will
be a direct benefit from the project proposed by the applicant to
the community and/or to the purported beneficiaries of the project,
consistent with the provisions of the Act;
A.
Single-family property. Qualifying grantees shall agree that they
shall maintain any single-family property which has been acquired,
rehabilitated, weatherized, converted, leased, repaired, constructed,
or which property has otherwise benefited from affordable housing
funds, including but not limited to any loans which have been repaid
with affordable housing funds and which loans previously were secured
by such properties, as affordable housing for so long as any of all
of the affordable housing funds which have been awarded, loaned, or
otherwise conveyed to the qualifying grantee and unpaid and outstanding
of the affordability period, whichever is longer.
B.
Multifamily property.
(1)
Single apartment within a multifamily property. Qualifying grantees
shall agree that, if any single apartments are to be rehabilitated,
weatherized, leased, repaired, constructed, or otherwise are to benefit
from affordable housing funds, those apartments shall be leased to
persons of low or moderate income at the time of any such award. Qualifying
grantees, who are the landlords and/or owners of such properties,
shall further agree to contribute at least 60% of the cost of rehabilitation,
weatherization, conversion, lease, repair, and/or construction. Qualifying
grantees also shall agree that the persons of low or moderate income,
who are tenants of those apartments, shall be allowed to remain tenants
for so long as there are no uncured defaults by those tenants under
their respective leases and provided that there is no just cause for
the landlord to terminate any lease agreement with those tenants.
(2)
Multiple apartments. Qualifying grantees shall agree that, if multiple
apartments or an entire multifamily property are to be acquired, rehabilitated,
weatherized, converted, leased, repaired, constructed, or otherwise
are to benefit from affordable housing funds, including but not limited
to any loans which have been repaid with affordable housing funds
and which loans previously were secured by such properties, they shall
maintain not less than 60% of the housing units as affordable housing
for long as any or all of the affordable housing funds which have
been awarded, loaned, or otherwise conveyed to the qualifying grantee
are unpaid and outstanding or the affordability period, whichever
is longer.
C.
Nonresidential property. Qualifying grantees shall agree that they
shall maintain any nonresidential property which has been acquired,
rehabilitated, weatherized, converted, leased, repaired, constructed,
or which property has otherwise benefitted from affordable housing
funds, including but not limited to any loans which have been repaid
with affordable Housing Funds and which loans previously were secured
by such properties, as a facility which provides housing-related services
to persons of low or moderate income for so long as any or all of
the affordable housing funds which have been awarded, loaned, or otherwise
conveyed to the qualifying grantee are unpaid and outstanding or the
Affordability Period, whichever is longer.
D.
Housing assistance grant affordability requirements.
(1)
Qualifying grantees shall agree that they shall maintain any land or buildings received as a housing assistance grant as either single-family or multifamily affordable housing in accordance with Subsections A and B or as a facility which provides housing-related services to persons of low or moderate income in accordance with Subsection C (as applicable) for the duration of the Affordability Period. The grant for the housing project must impose a contractual obligation on the recipient of the contribution that the units must be occupied by low or moderate-income households.
(2)
Qualifying grantees shall agree that they shall maintain any land
or buildings for which they have received the costs of infrastructure
as a housing assistance grant as either single-family or multifamily
affordable housing or as a facility which provides housing-related
services to persons of low or moderate income (as applicable) for
the duration of the Affordability Period. In calculating the Affordability
Period for housing assistance grants of either land or buildings,
the fair market value of the land or buildings or the costs of infrastructure
at the time of the donation by the state or the City of Las Vegas
shall apply.
E.
Affordability period. The City of Las Vegas, in its discretion, may increase the Affordability Period in any contract, note, mortgage, loan agreement, land use restriction agreement, restrictive covenant agreements and/or any other agreement which the City of Las Vegas may enter into with any qualifying grantee or beneficiary of the affordable housing funds or of the housing assistance grant. See the definition of "affordability period" in § 98-3 of this chapter. Notwithstanding the foregoing, in the discretion of the MDA, weatherization funds conveyed from the state to the MFA and/or any other similar conveyances where an Affordability Period is not practical shall not be subject to the Affordability Period requirements of this section; but nevertheless, any such conveyances may be subject to recapture, on some pro-rated basis, as determined by the City of Las Vegas and/or the MFA.
Each qualifying grantee shall consent to the jurisdiction of
the courts of the state over any proceeding to enforce compliance
with the terms of the Act, the Rules and this chapter and any agreement
between the qualifying grantee and the City of Las Vegas and/or the
MFA.
A.
The qualifying grantee must meet the requirements of the Act, the
Rules and this chapter both at the time of any award and throughout
the term of any grant and contract related thereto.
B.
The City of Las Vegas may establish procedures for certifying qualifying
grantees from time to time.
C.
Qualifying grantees that fail to satisfy the requirements for recertification
shall cease to be eligible and shall be denied further participation
in affordable housing programs until the requirements of the City
of Las Vegas and the MFA are satisfied.
Qualifying grantees shall provide the City of Las Vegas with
any certifications or other proof that it may require in order for
the City of Las Vegas and the MFA to confirm that the qualifying grantee
and the qualifying grantee's proposed Project are in compliance
with all applicable federal, state and local laws, rules and ordinances.
The MFA shall have the power to create variations or extensions
of affordable housing programs, or additional programs that comply
with the Act and the Rules.
A.
The City of Las Vegas is authorized to make housing assistance grants
under the Act. Upon determination that the City of Las Vegas will
make a housing assistance grant, including the use of any affordable
housing funds, the City of Las Vegas shall provide the MFA with the
following:
(1)
Documentation that confirms that the City of Las Vegas has an existing
valid affordable housing plan;
(2)
A copy of the proposed ordinance which provides for the authorization
of the housing assistance grant, including the use of any affordable
housing funds, together with a written certification that the proposed
grantee is in compliance with the Act and the Rules so that the MFA
may confirm both that the ordinance is in compliance with the Act,
that the application is complete, and that the proposed grantee is
a qualifying grantee under the Act and the Rules.
B.
Prior to the submission of the ordinance to the Council, the Council
must approve the budget submitted by the applicant.
C.
An ordinance authorizing the City of Las Vegas to make a housing
assistance grant and/or distribute affordable housing funds:
(1)
Must authorize the grant, including use of affordable housing funds,
if any;
(2)
Must state the requirements and purpose of the grant; and
(3)
Must authorize the transfer or disbursement to the qualifying grantee
only after a budget is submitted to and approved by the Council;
(4)
Must comply with the Rules, as amended;
(5)
May provide for matching or using local, private or federal funds
either through direct participation with a federal agency pursuant
to federal law or through indirect participation through the MFA.
D.
The MFA may request to review any contribution made pursuant to the
ordinance, as permitted under the Act and the Rules.
E.
The City of Las Vegas, in its discretion, may also hold any award
of affordable housing funds or any housing assistance grant made by
the City of Las Vegas in suspense pending the issuance by the City
of Las Vegas of any RFP or pending the award of the affordable housing
funds or the housing assistance grant by the City of Las Vegas to
the qualifying grantee without the issuance of an RFP by the City
of Las Vegas. Any award of affordable housing funds or a housing assistance
grant by the City of Las Vegas shall subject the qualifying grantee
of the award or grant to the oversight of the City of Las Vegas and
the MFA under this chapter and the Rules.
A.
If a school district or a public post-secondary educational institution
makes a housing assistance grant, then it shall provide the MFA with
written certification that the proposed grantee is in compliance with
the Act, the Rules and this chapter so that the MFA may confirm that
the application is complete and that the proposed grantee is a qualifying
grantee under the Act, Rules and this chapter. Any transfer of land
by a school district to the City of Las Vegas to be further granted
has part or all of an Affordable Housing Grant shall be subject to
the additional limitations contained in the Act that the school district
and the Council enter into a contract that provides the school district
with a negotiated number of affordable housing units that will be
reserved for employees of the school district. Any transfer of land
by a public post-secondary educational institution shall be subject
to the additional limitations contained in the Act that:
(1)
The property transferred shall be granted by the City of Las Vegas
as part or all of an affordable housing grant; and
(2)
The governing board of the public post-secondary educational institution
and the Council enter into a contract that provides the public post-secondary
educational institution with affordable housing units.
B.
As used in this section, "public post-secondary educational institution"
means a state university or a public community college. The City of
Las Vegas, in its discretion, may also hold any housing assistance
grant made by any school district or public post-secondary educational
institution in suspense pending the issuance by the City of Las Vegas
of any RFP or pending the award of the housing assistance grant by
the City of Las Vegas to the qualifying grantee without the issuance
of an RFP by the City of Las Vegas. Any award of a housing assistance
grant by a school district or a public post-secondary educational
institution shall subject the qualifying grantee of the grant to the
oversight of the City of Las Vegas and the MFA under these Rules.
The development, construction, occupancy and operation of an
affordable housing program or an affordable housing project financed
or assisted under the Act shall be undertaken in a manner consistent
with principles of nondiscrimination and equal opportunity, and the
City of Las Vegas shall require compliance by all qualifying grantees
with all applicable federal and state laws and regulations relating
to affirmative action, nondiscrimination and equal opportunity.
Any proposed amendment to this chapter and/or regulations promulgated
pursuant to this chapter shall be submitted to MFA for review, as
required by the Affordable Housing Rule 4.1(F).
The Council may repeal this chapter and terminate the City of
Las Vegas' affordable housing program and any or all contracts
undertaken in its authority. Termination shall be by ordinance at
a public hearing or in accordance with the terms of the contract.
If an ordinance or a contract is repealed or terminated, all contract
provisions of the contract regarding termination shall be satisfied.
