NOTICE OF INTENT TO ADOPT
ORDINANCE No. 2025-01
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
PUBLIC NOTICE IS HEARBY GIVEN that the Colfax County Commissioners will consider
adoption of Ordinance No.2025-01 describe below at the 3rd Floor Commission Chambers of the
Colfax County Building on Tuesday, September 9th, 2025, at 8:45am.
The Title of the Proposed Ordinance is: Ordinance No. 2025-01, An Ordinance Establishing an
Affordable Housing Plan; Defining Terms; Establishing Application Requirements and Review
Criteria; and Establishing Procedures to Administer an Affordable Housing Program.
The title contains a general summary of the subject matter contained in the ordinance, this notice
constitutes compliance with section 4-37-7, NMSA 1978.
Copies of the Proposed Ordinance are available for inspection on the County Website @
www.co.colfax.nm.us or at the office of the County Manager, Colfax County Building, 230
North 3rd St. Raton, NM, during regular business hours.
Accessibility Notice:
If you are an individual with a disability in need of a reader, amplifier, qualified sign language interpreter, or any other
form of auxiliary aid or service to attend or participate in the hearing or meeting, please contact the County Manager’s
Office at least one (1) week prior to the meeting or as soon as possible. Public documents, including the agenda and
minutes, are available in various accessible formats. If you require a summary or another type of accessible format,
please contact the County Manager’s Office for assistance.
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
ORDINANCE 2025-01
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
AN ORDINANCE ESTABLISHING AN AFFORDABLE HOUSING PROGRAM
PURSUANT TO THE COLFAX COUNTY AFFORDABLE HOUSING PLAN;
DEFINING TERMS; ESTABLISHING APPLICATION REQUIREMENTS AND
REVIEW CRITERIA; AND ESTABLISHING PROCEDURES TO ADMINISTER AN
AFFORDABLE HOUSING PROGRAM
WHEREAS, Colfax County, New Mexico (the “County”) is a unit of local government under
the laws of the State of New Mexico (the “State”); and
WHEREAS, Colfax County, New Mexico (the “County”) affordable housing represents a
critical component to enhance the quality of life of County residents; and
WHEREAS, the Board of County Commissioners of Colfax County commits to exploring a
range of options to promote affordable housing in Colfax County; and
WHEREAS, under an exception to the “anti-donation” clause as set forth in Article IX, §14 of
the New Mexico Constitution, the County is not prohibited from:
A. Donating or otherwise providing or paying a portion of the costs of land for the construction
on it of affordable housing;
B. Donating or otherwise providing or paying a portion of the costs of construction or
renovation of affordable housing, or the costs of conversion or renovation of buildings into
affordable housing;
C. Providing or paying the costs of financing or infrastructure necessary to support affordable
housing projects; or
D. Donating or otherwise paying a portion of the costs of acquisition, development,
construction, financing and operating or owning affordable housing; and
WHEREAS, the Affordable Housing Act, NMSA 1978 § 6-27-1 et seq. (the “Act”) implements
the provisions of Subsections E and F of Section 14 of Article 9 of the New Mexico
Constitution; and
WHEREAS, the County Commission (“Commission”), the governing body of Colfax County,
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
desires to implement an affordable housing program for the County; and
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
WHEREAS, the Commission has adopted an Affordable Housing Plan pursuant to the Act and
the New Mexico Mortgage Finance Authority Affordable Housing Rules (“Rules”); and
WHEREAS, this Ordinance has been drafted in accordance with the Affordable Housing Plan;
and
WHEREAS, the New Mexico Mortgage Finance Authority (MFA) has reviewed and approved
the Plan and the form and terms of this Ordinance prior to final adoption hereof;
NOW THEREFORE, the governing body of Colfax County, State of New Mexico hereby
adopts the following ordinance:
Section 1. SHORT TITLE.
This article may be cited as the “Affordable Housing Ordinance.” (Colfax County Ord. No. ___________ )
Section 2. PURPOSE.
This ordinance is adopted to implement the County’s Affordable Housing Plan. In accordance with the N.M.
Constitution, Article IX, §14, the Affordable Housing Act, NMSA 1978, §§ 6-27-1 and 6-27-9 (the “Act”),
New Mexico Mortgage Finance Authority (NMMFA) Rules if applicable, the purpose of the Affordable
Housing Ordinance is to:
1. Establish procedures to ensure that 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;
2. Establish an application and award timetable for State housing assistance grants or loans to permit
the selection of the Qualifying Grantee(s) by .
3. Create an evaluation process to determine in conjunction with the MFA:
a. The financial and management stability of the Applicant;
b. The demonstrated commitment of the Applicant to the community;
c. A cost-benefit analysis of the project proposed by the Applicant;
d. The benefits to the community of a proposed project;
e. The type or amount of assistance to be provided;
f.
The scope of the Affordable Housing Project;
g. Any substantive or matching contribution by the Applicant to the proposed project;
h. A performance schedule for the Qualifying Grantee with performance criteria; and
i.
Any other rules or procedures the County believes are necessary for a full review and
evaluation of the Applicant and the Application or which the MFA believes is necessary
for a full review of the County’s evaluation of the Applicant;
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
4. Require long-term affordability of the County’s Affordable Housing Projects so that a project
cannot be sold shortly after completion and taken out of the affordable housing market;
5. Require that a grant or 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 as defined in this Ordinance;
6. 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;
7. Require review and approval of a housing grant project budget by the County and/or the MFA
before any expenditure of grant funds or transfer of granted property;
8. Require that a condition of grant or loan approval be proof of compliance with all applicable State
and local laws, rules and ordinances;
9. Provide definitions for “low-income” and “moderate-income” and set out requirements for
verification of income levels; and
10. Provide the County with a valid affordable housing program; and
11. Require that the County 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.
Section 3. DEFINITIONS.
The following words and terms shall have the following meanings.
“Act” shall mean the Affordable Housing Act, NMSA 1978, §6-27-1 et seq.
“Affordable” shall mean consistent with minimum rent and/or income limitations set forth in the
New Mexico mortgage finance authority (MFA) Act and in guidelines established by MFA.
“Affordable Housing” means residential housing primarily for persons or households of low or
moderate income.
“Affordable Housing Funds” shall mean any or all funds awarded or to be awarded, loaned or
otherwise distributed under the Act.
“Affordable Housing Plan” or “Plan” shall mean a plan pursuant to detailed research and analysis
of the community and housing profile, including a review of land use and policy regarding land
use, which produces a housing needs assessment for low- and moderate-income households in
that locality.
“Affordable Housing Program” or “Program” shall mean any programs the County establishes
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
pursuant to the Act.
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
“Affordable Housing Project” or “Project” shall mean any work or undertaking, whether new
construction, acquisition of existing Residential Housing, remodeling, improvement,
rehabilitation or conversion, which may be developed in one or more phases, as approved by the
County and/or the MFA for the primary purposes as allowed by the Act.
“Affordability Period” shall mean:
1. 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 one dollar ($1.00) to fourteen thousand nine hundred ninety-nine dollars and ninety-nine
cents ($14,999.99), then the affordability period shall be not less than five (5) years.
2. If the fair market value of any housing assistance grant or the total amount of affordable housing
funds is from fifteen thousand dollars ($15,000.00) up to and including forty thousand dollars
($40,000.00), then the affordability period shall be not less than ten (10) years.
3. If the fair market value of any housing assistance grant or the total amount of affordable housing
funds is greater than forty thousand dollars ($40,000.00) up to and including one hundred
thousand dollars ($100,000.00), then the affordability period shall be not less than fifteen (15)
years.
4. If the fair market value of any housing assistance grant or the total amount of affordable housing
funds is greater than one hundred thousand dollars ($100,000.00), then the affordability period
shall be not less than twenty (20) years.
“Applicant” shall mean, 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 non-profit organization meeting the appropriate criteria set
by the County and/or the MFA.
“Application” shall mean an application to participate in one or more Affordable Housing Projects
or Programs under the Act submitted by an Applicant to the County.
“Builder” shall mean 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 County 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 County 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.
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
“Building” shall mean 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.
“County” shall mean Colfax County, New Mexico, a unit of local government under the
Constitution and laws of the State of New Mexico.
“Congregate Housing Facility” shall mean Residential Housing designed for occupancy by more
than four Persons of Low- or Moderate-Income living independently of each other. The facility
may contain group dining, recreational, health care or other communal living facilities and each
unit in a Congregate Housing Facility shall contain at least its own living, sleeping, and bathing
facilities.
“Federal Government” shall mean the United States of America and any agency or instrumentality,
corporate or otherwise, of the United States of America.
“Household” shall mean one or more persons occupying a housing unit.
“Housing Assistance Grant” means the donation, provision or payment by the County of:
1. Land upon which affordable housing will be constructed; or
2. An existing Building that will be renovated, converted or demolished and reconstructed as
Affordable Housing; or
3. The costs acquisition, development, construction, financing, and operating or owning affordable
housing; or
4. The costs of financing or infrastructure necessary to support Affordable Housing.
“HUD” shall mean the United States Department of Housing and Urban Development.
“Infrastructure” shall mean Infrastructure Improvements and Infrastructure Purposes.
“Infrastructure Improvement” includes, but is not limited to:
1. Sanitary sewage systems, including collection, transport, storage, treatment, dispersal, effluent use
and discharge;
2. Drainage and flood control systems, including collection, transport, diversion, storage, detention,
retention, dispersal, use and discharge;
3. Water systems for domestic purposes, including production, collection, storage, treatment,
transport, delivery, connection and dispersal;
4. Areas for motor vehicle use for road access, ingress, egress and parking;
5. Trails and areas for pedestrian, equestrian, bicycle or other non-motor vehicle use for access,
ingress, egress and parking;
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
6. Parks, recreational facilities and open space areas for the use of residents for entertainment,
assembly and recreation;
7. Landscaping, including earthworks, structures, plants, trees and related water delivery systems;
8. Electrical transmission and distribution facilities;
9. Natural gas distribution facilities;
10. Lighting systems;
11. Cable or other telecommunications lines and related equipment;
12. Traffic control systems and devices, including signals, controls, markings and signs;
13. Inspection, construction management and related costs in connection with the furnishing of the
items listed in this subsection; and
14. Heating, air conditioning and weatherization facilities, systems or services, and energy efficiency
improvements that are affixed to real property.
“Infrastructure Purpose” shall mean:
1. Planning, design, 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 County may determine
it appropriate to reduce or waive building permit fees, sewer and water hook-up 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;
2. Acquiring, converting, renovating or improving existing facilities for Infrastructure, including
facilities owned, leased or installed by the owner;
3. Acquiring interests in real property or water rights for infrastructure, including interests of the
owner; and
4. Incurring expenses incident to and reasonably necessary to carry out the purposes specified in this
subsection.
“MFA” shall mean the New Mexico Mortgage Finance Authority.
“MFA Act” shall mean the Mortgage Finance Authority Act, enacted as Chapter 303 of the Laws
of 1975 of the State of New Mexico, as amended (being Sections 58-18-1 through 58- 18-27,
inclusive, N.M.S.A (1978), as amended).
“Mortgage” shall mean a mortgage, mortgage deed, deed of trust or other instrument creating a
lien, subject only to title exceptions as may be acceptable to the County 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.
“Mortgage Lender” shall mean 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
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
authorized to make mortgage loans in the State and is approved by the County 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 (now known as Freddie Mac).
“Mortgage Loan” shall mean a financial obligation secured by a Mortgage, including a Mortgage Loan for
a Project.
“Multiple Family Housing Project” shall mean 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 (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 County 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.
“Multi-Family Housing Program” shall mean a program involving a Congregate Housing Facility, a
Multiple Family Housing Project or a Transitional Housing Facility.
“Ordinance” shall mean this Colfax County ordinance (No. ________).
“Persons of Low- or Moderate-Income”: Low Income persons or households are those with incomes up to
80% of the Area Median Income (AMI). Moderate Income persons or households are those with income
above 80% and up to 150% of the AMI adjusted for family size. Moderate income limits may be adjusted
for high-cost areas to accommodate qualification of purchase of a median priced home in a county of the
subject property or rent at the fair market rate. This definition of low and moderate income applies to all
non-federal, unrestricted programs administered by MFA. All federal and restricted programs will
continue to follow the income requirements outlined in statute, regulations, guidance or contractual
documents. This definition aligns with the needs throughout the State and in accordance with the
requirements of the Act. Area Median Income (AMI) is defined as the point at which half the households
in an area have lower incomes and half have higher incomes.
“Policies and Procedures” shall mean 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.
“Public Service Agencies” shall include, but are not limited to, any entities that support Affordable Housing
and which believe that the program or project proposed by the Applicant 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.
“Qualifying Grantee” means:
1. An individual who is qualified to receive assistance pursuant to the Act and is approved by
the County; and
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
2. A governmental housing agency, regional housing authority, corporation, a limited liability
company, partnership, joint venture, syndicate, association or a non-profit organization
that:
a. Is organized under State or local laws and can provide proof of such organization;
b. If a non-profit organization, has no part of its net earnings inuring to the benefit of
any member, founder, contributor, or individual; and
c. Is approved by the County.
“Recertification” shall mean 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 County and/or the MFA.
“Rehabilitation” shall mean the substantial renovation or reconstruction of an existing single
family residence or a Multi-Family Housing Project, which complies with requirements
established by the MFA. Rehabilitation shall not include routine or ordinary repairs, improvements
or maintenance, such as interior decorating, remodeling or exterior painting, except in conjunction
with other substantial renovation or reconstruction.
“Residential Housing” shall mean 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 or providing transitional or
temporary housing for homeless persons.
“Residential Use” shall mean 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.
“RFP” shall mean any request for proposals made by the County.
“Rules” shall mean the New Mexico Mortgage Finance Authority Affordable Housing Rules
adopted pursuant to Section 6-27-8(B) NMSA 1978.
“State” shall mean the State of New Mexico.
“Transitional Housing Facility” shall mean residential housing that is designed for temporary or
transitional occupancy by Persons of Low- or Moderate-Income, or with special needs.
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Section 4. GENERAL REQUIREMENTS.
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
The following requirements shall apply to all Housing Assistance Grants and/or Affordable Housing Funds
awarded, loaned or otherwise distributed by the County under the Act to a Qualifying Grantee.
1. Request for Proposals. The County, 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.
2. Applicant Eligibility. 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 Ordinance that are approved by the County;
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 non-profit organizations meeting the following requirements:
i. A primary mission of the non-profit organization must be to provide housing or
housing-related services to Persons of Low- or Moderate-Income;
ii. The non-profit organization must have received its 501(c)(3) designation prior to
submitting an application;
iii. Have no part of its net earnings inuring to the benefit of any member, founder,
contributor, or individual;
e. All non-individual Applicants must:
i. Be organized under State or local laws and can provide proof of such organization
and be approved by the County;
ii. Have a functioning accounting system that is operated in accordance with
generally accepted accounting principles or has designated an entity that will
maintain such an accounting system consistent with generally accepted accounting
principles;
iii. Have among its purposes significant activities related to providing housing or
services to Persons or Households of Low or Moderate Income; and
iv. Have no significant outstanding or unresolved monitoring findings from the
County, the MFA, or its most recent independent financial audit, or if it has any
such findings, it has a certified letter from the County, the MFA, or auditor stating
that the findings are in the process of being resolved.
3. Applications.
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 Program are required to submit to the County the following (as applicable):
i. One original Application together with all required schedules, documents, or such
other information which may be required by the County or in any RFP which may
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
have been issued by the County;
ii. A proposal describing the nature and 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 documents the need for the requested funds or
grant, describes the type and/or amount of assistance which the Applicant proposes
to provide to Persons of Low- or Moderate-Income and documents the consistency
of the proposal with the County’s Affordable Housing Plan;
iii. Executive summary and project narrative(s) that address the evaluation criteria set
forth in any RFP issued by the County for the Affordable Housing Funds or the
Housing Assistance Grant for which the Applicant is applying;
iv. A proposed budget for the Affordable Housing Project for which the Applicant is
applying for Affordable Housing Funds or for a Housing Assistance Grant;
v. Current independent financial audit;
vi. If the Applicant is a non-profit organization:
1. Proof of 501(c)(3) tax status;
2. Documentation that confirms that no part of its net earnings inures to the
benefit of any member, founder, contributor or individual;
vii. If an Applicant is a legal entity, including a non-profit organization:
1. 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 County
and/or the MFA in its discretion;
2. 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;
3. A list of members of the Applicant’s current board of directors or other
governing body, including designated homeless participation, where
required by the County;
4. Evidence (or a certification as may be allowed by the County) 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;
5. Evidence that the Applicant has no significant outstanding or unresolved
monitoring findings from the County, the MFA, or its most recent
independent financial audit; or if it has any significant outstanding or
unresolved monitoring findings from the County, the MFA or its most
recent independent financial audit, it has a certified letter from the County,
the MFA or the auditor stating that the findings are in the process of being
resolved;
6. An organizational chart, including job titles and qualifications for the
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
Applicant’s employees or as otherwise may be required by the County
and/or the MFA in its discretion. Job descriptions may be submitted as
appropriate;
7. 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;
Information as may be required by the County in order for it to determine the
financial and management stability of the Applicant;
Information as may be required by the County in order for it to determine the
demonstrated commitment of the Applicant to the community;
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 a need for the Housing Assistance Grant being
requested from the County, 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, and that
the Affordable Housing Project will meet the needs and affordability criteria
defined in the County ‘s Affordable Housing Plan;
Information supporting the benefits to the community of the Affordable Housing
Project proposed by the Applicant;
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;
Any certifications or other proof which the County may require in order for the
County to confirm that the Applicant is in compliance with all applicable federal,
State and local laws, rules and ordinances;
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;
Certifications as may be required by the County and signed by chief executive
officer, board president, or another authorized official of the Applicant;
Applicant shall submit adequate information, as required by the County and/or
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 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.
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
b. Additional Requirements for Multi-Family Housing Projects Applicants who are
submitting Applications in connection with a Multi-Family Housing Program. The
Applicant must also submit to the County following additional information:
i. A verified certificate that, among other things:
1. Identifies every Multi-Family Housing Program, including every assisted
or 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. States that, except as shown on such certificate:
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.
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 County may
then determine if such Applicant is or is not qualified.
ii. The experience of the Applicant in developing, financing and managing Multiple
Family Housing Projects; and
iii. 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.
c. Additional Requirements for Mortgage Lenders. If the Applicant is a Mortgage lender, the
County shall consider, among other things:
i. The financial condition of the Applicant;
ii. The terms and conditions of any loans to be made;
iii. 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;
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
iv. The County’s assessment of the ability of the Applicant or its designated servicer
to act as originator and servicer of Mortgage Loans for any Multi-Family Housing
Programs or other programs to be financed; and
v. Previous participation by the Applicant in the MFA’s programs and HUD, Federal
Housing Authority or Rural Housing Service programs.
d. Submission Procedure.
i. Time, Place and Method of Submission Delivery.
1. If the County has issued an RFP, all Applications must be received by the
County no later than the deadline set forth in the RFP; otherwise, all
Applications must be received by the County by the deadline the County
has established in connection with the respective award or grant. So that
any Qualifying Grantees may be selected prior to January of the year in
which any Housing Assistance Grant would be made, the County shall
issue any RFP’s, solicit any Applications, or otherwise identify 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 forty
five (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 County in the form
required by the County and shall contain all information which is required
by this Ordinance and any RFP which may have been issued.
ii. Additional Factors. The Application procedures shall take into consideration:
1. Timely completion and submission to the County of an Application or
other appropriate response to any solicitation by the County;
2. Timely submission of all other information and documentation related to
the program required by the County as set forth in this Ordinance or as set
forth in the Rules;
3. Timely payment of any fees required to be paid to the County 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 Ordinance.
iii. Submission Format.
1. County forms or MFA forms (if available) must be used when provided
and no substitutions will be accepted; however, attachments may be
provided as necessary.
2. An Applicant’s failure to provide or complete any element of an
application, including all requirements of the County or as may be listed
on any RFP, may result in the rejection of the Application prior to review.
3. Illegible information, information inconsistent with other information
provided in the application, and/or incomplete forms will be treated as
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
missing information and evaluated accordingly.
4. County 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.
5. The County in its discretion may cancel any RFP or reject any or all
proposals in whole or part submitted by any Applicant.
6. Neither the County nor the MFA shall be responsible for any expenses
incurred by an Applicant in preparing and submitting an Application.
However, the County 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 County
or the MFA, as applicable, in any RFP or otherwise shall be advertised as
part of the Application solicitation process.
e. Review by the County. On receipt of an Application, the County shall:
i. Determine whether the Application submitted by the Applicant is complete and
responsive;
ii. Determine whether the Applicant is a Qualifying Grantee as defined herein and in
the Act;
iii. 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 and that the proposal is consistent with the
County’s adopted Affordable Housing Plan;
iv. 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 of the Applicant to administer the Affordable
Housing Program or Project for which the Applicant has applied;
v. 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 County in
any RFP, in the Affordable Housing Plan or otherwise;
vi. Determine whether the Applicant has support from Public Service Agencies, or
such other support as may be required by the County and/or the MFA in its
discretion, for its proposed services in the community;
vii. 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;
viii. 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;
ix. Ascertain whether the Applicant has and can demonstrate the capability to manage
the implementation of the Program for which the Applicant is applying;
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
x. If Applicant is a prior recipient of either a Housing Assistance Grant, Affordable
Housing Funds and/or other Program funds, confirm that the Applicant had no
outstanding findings or matters of non-compliance with program requirements
from the County or the MFA, as applicable or if it has any such findings, it has a
certified letter from the County, the MFA, or auditor stating that the findings are
in the process of being resolved;
xi. If 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 County or the MFA, as
applicable, for those prior Program funds;
xii. Evaluate the Applicant’s proposal in part based upon the Applicant’s current
financial audit;
xiii. 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 County 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;
xiv. On receipt of an Application from a Builder, the County 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 County.
xv. Consider other factors it deems appropriate to ensure a reasonable geographic
allocation for all Affordable Housing Programs.
f.
Certification by the County to the MFA. The County shall certify an Application to the
MFA in writing upon:
i. Completion of its review of the Application;
ii. Determination that the Application is complete;
iii. Determination that the requirements of the Act, the Rules and this Ordinance have
been satisfied; and
iv. Determination that the Applicant is a Qualifying Grantee.
g. Review by the MFA. The MFA upon its receipt of the certification from the County may,
in its discretion, review the Application and any of the materials submitted by the Applicant
to the County. 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 County 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
forty-five (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.
h. Notification of Acceptance. The County, 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
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
Ordinance and in any RFP issued by the County 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 County’s and the MFA’s determination of any
Application shall be conclusive.
4. Additional Requirements. Upon acceptance, the following additional requirements shall apply to
any Applicant who is a Qualifying Grantee:
a. Contractual Requirements. The Qualifying Grantee shall enter into one or more contracts
with the County, which contract(s) shall be consistent with the Act 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 Ordinance, the County 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 County and/or the MFA may incur in enforcing the
provisions of this Ordinance, the Rules, the Act and/or any agreement entered into by the
County 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 County 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 to allow the
County and the MFA to ensure that such funds shall be used by the Qualifying Grantee in
accordance with the Act, the Rules and this Ordinance.
c. Performance Schedule and Criteria. The Qualifying Grantee shall be required to abide by
a reasonable performance schedule and performance criteria that the County, in its
discretion, may establish.
d. Examination of Books and Records. The Qualifying Grantee shall submit to and the County
shall cause to be made such examinations of the books and records of each Qualifying
Grantee as the County and/or the MFA deems necessary or appropriate to determine the
Qualifying Grantee’s compliance with the terms of the Act, the Rules, this Ordinance and
any contracts between the Qualifying Grantee and the County. The County and/or the MFA
may require each Qualifying Grantee to pay the costs of any such examination
e. Infrastructure Cost Reimbursement Contracts.
i. Cost Reimbursements. Payment to a Qualifying Grantee under cost reimbursable
contract provisions shall be made upon the County’s 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 the County.
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
ii. Cost Reimbursements for Units of Service. Payment under any unit cost contract
provisions shall be made upon the County’s receipt from the Qualifying Grantee
of a certified and documented invoice showing the number of units of service
provided during the billing period.
iii. Rate at which Costs Incurred. Under unit cost or 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 County. If the County determines that the Qualifying Grantee is underspending
or overspending, then the County may reduce the budget and/or exercise such other
budgetary fiscal controls it deems appropriate.
iv. Invoices. Qualifying Grantees shall not submit invoices more than once a month,
unless written approval is obtained in advance from the County. Failure to submit
invoices within twenty (20) calendar days of the close of the month for which
payment is sought may result in the non-availability of funds for reimbursement.
v. No Dual Application of Costs. The Qualifying Grantee shall certify that any direct
or indirect costs claimed by the Qualifying Grantee will not 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 County in
advance, in writing.
vi. Prohibition of Substitution of Funds. Any Affordable Housing Funds or other
amounts received by Qualifying Grantee may not be used by Qualifying Grantee
to replace other amounts made available or designated by the State or local
governments through appropriations for use for the purposes of the Act.
vii. 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
County.
viii. Additional Information. Qualifying Grantees shall provide the County with any
and all information which the County may reasonably require in order for it to
confirm that the Qualifying Grantees continue to satisfy the requirements of the
Act, the Rules and this Ordinance throughout the term of any contract and/or any
Affordability Period or otherwise as may be required by the County or the MFA
in its discretion. At a minimum, on an annual basis, the County 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 Ordinance.
5. Affordable Housing Requirements. 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.
a. Single-Family Property.
i. Qualifying Grantees shall agree that they shall maintain any single-family property
which has been acquired, rehabilitated, weatherized, converted, leased, repaired,
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
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 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.
ii. If any single-family properties are to be rehabilitated, weatherized, converted,
leased, repaired, constructed or otherwise are to benefit from Affordable Housing
Funds, and if the Qualifying Grantee intends to rent the single-family property out,
those single-family properties shall be leased to Persons of Low- or Moderate
Income at the time of any such award. 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 which must be compliant to the New Mexico
Uniform Owner- Resident Relations Act (NMSA 1978 Sections 47-8-1 through
47- 8-52) — and provided that there is no just cause (as outlined in Section 47-8
33 NMSA 1978) for the landlord to terminate any lease agreement with those
tenants.
b. Multi-Family Property.
i. Single Apartment within a Multi-Family Property. Qualifying Grantees shall agree
that, if any single apartments are to be rehabilitated, weatherized, converted,
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 sixty percent
(60%) of the cost of the 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 — which must be compliant to the New Mexico Uniform
Owner-Resident Relations Act (NMSA 1978 Sections 47-8-1 through 47-8-52)
and provided that there is no just cause (as outlined in Section 47-8-33 NMSA
1978) for the landlord to terminate any lease agreement with those tenants.
ii. Multiple Apartments. Qualifying Grantees shall agree that, if multiple apartments
or an entire multi-family 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 sixty percent (60%) of the
housing units as Affordable Housing for so long as any or all of the Affordable
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
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. Non-Residential Property. Qualifying Grantees shall agree that they shall maintain any
non-residential 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. Qualifying Grantees shall agree
that they shall maintain any land or buildings received as a Housing Assistance Grant either
as either single-family or multi-family Affordable Housing in accordance with Sections
4.E.(i) and (ii) of this Ordinance or as a facility which provides housing related- services
to Persons of low- or Moderate-Income in accordance with Section 4.E.(iii) of this
Ordinance (as applicable) for the duration of the Affordability Period. 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 either as either single- family or
multi-family 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 County shall apply.
6. Consent to Jurisdiction. 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
Ordinance and any agreement between the Qualifying Grantee and the County and/or the MFA.
7. Recertification Procedures.
a. The Qualifying Grantee must meet the requirements of the Act, the Rules and this
Ordinance both at the time of any award and throughout the term of any grant and contract
related thereto.
b. The County may establish procedures for recertifying 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 County and the MFA are satisfied.
8. Compliance with the Law. Qualifying Grantee shall provide the County with any certifications or
other proof that it may require in order for the County 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. At a minimum, on an annual basis, the
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
Qualifying Grantee shall provide the County with certifications and proof of compliance, and the
County shall certify to the MFA in writing that the Qualifying Grantee is still in compliance with
the Act and the Rules.
9. Extension of Affordable Housing Programs. 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.
10. County Grant Requirements.
a. The County is authorized to make Housing Assistance Grants under the Act. Upon
determination that the County will make a Housing Assistance Grant, including the use of
any Affordable Housing Funds, the County shall provide the MFA with the following:
i. Documentation that confirms that the County has an existing valid Affordable
Housing Plan;
ii. Documentation that confirms that the County has an existing valid Affordable
Housing Ordinance which provides for the authorization of the Housing Assistance
Grant, including the use of any Affordable Housing Funds;
iii. Written certification that the proposed grantee is in compliance with Act and the
Rules so that the MFA may confirm 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 application and project authorization to the Commission, the
Commission must approve the budget submitted by the Applicant.
c. An action authorizing the County to make a Housing Assistance Grant and/or distribute
Affordable Housing Funds:
i. Must authorize the grant, including use of Affordable Housing Funds, if any;
ii. Must state the requirements and purpose of the grant;
iii. Must authorize the transfer or disbursement to the Qualifying Grantee only after a
budget is submitted to and approved by the Commission;
iv. Must comply with the Rules, as amended; and
v. 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 shall act to approve the proposed Housing Assistance Grant authorized by the
County within forty-five(45) days of its receipt of the documentation required above in
Section 4.J.(i), (ii) and (iii) of this Ordinance.
e. The County, in its discretion, may also hold any award of Affordable Housing Funds or
any Housing Assistance Grant made by the County in suspense pending the issuance by
the County of any RFP or pending the award of the Affordable Housing Funds or of the
Housing Assistance Grant by the County to the Qualifying Grantee without the issuance of
an RFP by the County. Any award of Affordable Housing Funds or a Housing Assistance
Grant by the County shall subject the Qualifying Grantee of the award or grant to the
oversight of the County and the MFA under this Ordinance and the Rules.
11. School District and Public Post-Secondary Educational Institution Donations for Housing Projects.
If a school district or a public post-secondary education institution intends to transfer land to the
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
County to be further granted to a Qualifying Grantee as part or all of an Affordable Housing project,
this transfer shall be subject to the limitations contained in the Act that the school district and the
Commission 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:
a. The property transferred shall be granted to a Qualifying Grantee by the County as part of
a grant for an Affordable Housing project; and
b. The governing board of the public post-secondary educational institution and the
Commission enter into a contract that provides the public post-secondary educational
institution with Affordable Housing units.
As used in this section, “public post-secondary educational institution” means a state university or
a public community college. The County, 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 County of any RFP or pending the award of the Housing Assistance
Grant by the County to the Qualifying Grantee without the issuance of an RFP by the County. 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 County and the
MFA under the Rules.
Section 5. DISCRIMINATION PROHIBITED.
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 non-discrimination and equal
opportunity, and the County shall require compliance by all Qualifying Grantees with all
applicable federal and State laws and regulations relating to affirmative, non
discrimination and equal opportunity.
Section 6. ADMINISTRATION.
The County shall administer any Affordable Housing programs in accordance with
provisions of the Act, the Rules, this Ordinance, any applicable state and federal laws
and regulations as each of which may be amended or supplemented from time to time.
The County, in establishing, funding and administering the Affordable Housing
Programs and by making, executing, delivering and performing any award, contract,
grant or any other activity or transaction contemplated by the Act, shall not violate
any provision of law, rule or regulation or any decree, writ, order, injunction,
judgment, determination or award and will not contravene the provisions of or
otherwise cause a default under any of its agreements, indentures, or other instruments
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
to which it may be bound. Any proposed amendment to this ordinance shall be
submitted to MFA for review prior to adoption by the Commission.
Section 7. TERMINATION.
The Commission may repeal this Ordinance and terminate the County’s 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.
Section 8. REPEALER.
All bylaws, orders, resolutions and ordinances, or parts thereof, inconsistent with
this Ordinance are repealed by this Ordinance but only to the extent of that
inconsistency. This repealer shall not be construed to revive any bylaw, order,
resolution or ordinance, or part thereof, previously repealed.
Section 9. SEVERABILITY.
If any section, paragraph, clause or provision of this Ordinance shall for any reason be
held to be invalid or unenforceable, the invalidity or unenforceability of that section,
paragraph, clause or provision shall not affect any of the remaining provisions of this
Ordinance.
Section 10. EFFECTIVE DATE.
This Ordinance shall be in full force and effect thirty (30) days after it is recorded
with the County Clerk in accordance with Section 4-37-9 NMSA, 1978.
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
Board of
Commissioners
Dist. 1: Si Trujillo
Member
505-617-6893
strujillo@co.colfax.nm.us
Dist. 2: Mary Lou Kern
Vice Chair
505-617-6895
kern@co.colfax.nm.us
Dist. 3: Todd Tatum
Chairman
505-652-0039
ttatum@co.colfax.nm.us
County Manager – Cheryl Navarette
manager@co.colfax.nm.us
P.O. Box 1498
Raton, New Mexico 87740
Office. 575-445-9661
Fax. 575-445-2902
www.co.colfax.nm.us
PASSED, ADOPTED AND APPROVED THIS_____ DAY OF______,2025.
Board of Commission of Colfax County, New Mexico
By ___________________________
Todd Tatum, Chairman
______________________________
Mary Lou Kern, Vice Chair
______________________________
Si Trujillo, Member
ATTEST:
________________________________
Sara Torres, County Clerk
________________________________
Cheryl Navarette, County Manager
ORDINANCE 2025-01
AN ORDINANCE ESTABLISHING AN AFFORDABLE HOUSING PROGRAM
PURSUANT TO THE COLFAX COUNTY AFFORDABLE HOUSING PLAN;
DEFINING TERMS; ESTABLISHING APPLICATION REQUIREMENTS AND
REVIEW CRITERIA; AND ESTABLISHING PROCEDURES TO ADMINISTER AN
AFFORDABLE HOUSING PROGRAM
