A. The regional housing authorities created pursuant to Section 11-3A-4 NMSA 1978 shall operate within the specified area of their region except for any portion within the territorial boundary of a municipality or county that has established a local housing authority. If the governing body of a municipality or county that has established a local housing authority consents by resolution to have the regional housing authority take action within the territory that would be excluded pursuant to this section, the regional housing authority may enlarge its jurisdiction to include that territory.

B. A subsequent withdrawal of consent by resolution of a governing body of a municipality or county that has established a local housing authority shall not prohibit the development and operation of any housing projects initiated within the territorial boundary of that municipality or county by the regional housing authority prior to the date of the resolution withdrawing consent, except upon terms that are mutually agreed upon between the regional housing authority and the governing body of the municipality or county.

History: Laws 1994, ch. 132, § 5; 1995, ch. 191, § 4; 2005, ch. 343, § 1; 2007, ch. 50, § 2; 2009, ch. 48, § 4.

Compiler's notes. — Laws 1995, ch. 191, § 25, effective June 16, 1995, repealed Laws 1994, ch. 132, § 30, which provided for the repeal of this section on July 1, 1995.

The 2009 amendment, effective March 31, 2009, completely rewrote the section.

The 2007 amendment, effective March 28, 2007, limited the operation of a regional housing authority to the area of its housing region.

The 2005 amendment, effective June 17, 2005, provided that a regional housing authority and a municipal or county housing authority or agency may each exercise jurisdiction over common areas pursuant to a resolution enacted by a municipality or a county; and deleted the former provision which provided that a regional authority could take action in a territory that lies within the territorial authority of a municipality or county if the municipality or county consented and that a subsequent withdrawal of authority by a municipality or county shall not prohibit the development and operation of housing projects initiated in the city or county by the regional authority prior to the withdrawal of consent when there is a financial assistance contract for the project with the state or federal government except upon terms approved by the regional authority, the city or county and the state or federal government.

The 1995 amendment, effective June 16, 1995, in the first sentence, substituted "A regional authority" for "The housing authority" and "an authority or housing agency" for "a housing authority"; in the second sentence, substituted "If by resolution" for "If however", substituted "authorities or housing agencies" for "housing authorities by resolution", and substituted "jurisdiction to include the previously excluded" for "area of authority to include such territory"; in the third sentence, substituted "resolution of a local public body or a municipal or county authority" for "an authority or county", inserted "state or" preceding "federal" twice, and made minor stylistic changes throughout the section.