reglab/housing_qa huggingface dataset:
NM Stat § 3-43-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 43 - Health; Control of Disease (Repealed.)|Section 3-43-1 - Repealed.

History: 1953 Comp., § 14-44-1, enacted by Laws 1965, ch. 300; repealed by Laws 2017, ch. 87, § 31.ANNOTATIONSRepeals. — Laws 2017, ch. 87, § 31 repealed 3-43-1 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to board of health, control of disease, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 3-43-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 43 - Health; Control of Disease (Repealed.)|Section 3-43-2 - Repealed.

History: 1953 Comp., § 14-44-2, enacted by Laws 1965, ch. 300; repealed by Laws 2017, ch. 87, § 31.ANNOTATIONSRepeals. — Laws 2017, ch. 87, § 31 repealed 3-43-2 NMSA 1978, as enacted by Laws 1965, ch. 300, relating to municipal health department, duties of director, jurisdiction of district health officer, effective June 16, 2017. For provisions of former section, see the 2016 NMSA 1978 on NMOneSource.com.
NM Stat § 3-44-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 44 - Hospitals|Section 3-44-2 - Hospitals; joint operation with county; indebtedness authorized.

A. Any municipality may enter into an agreement with the county for the construction, maintenance and operation of a county-municipal hospital. B. A municipality or county is authorized to issue, separately, general obligation bonds or revenue bonds for the purpose of constructing, maintaining and operating a joint county-municipal hospital. The bonds shall be issued in the manner provided by law for the issuance of bonds for the construction of public buildings or revenue bonds for the construction of a municipal utility. History: 1953 Comp., § 14-45-2, enacted by Laws 1965, ch. 300; 1983, ch. 265, § 14. ANNOTATIONSCross references. — For the Tort Claims Act, see 41-4-1 NMSA 1978 et seq. Pleading. — Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity. Robinson v. Memorial Gen. Hosp., 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891.
NM Stat § 3-44-3 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 44 - Hospitals|Section 3-44-3 - Joint county-municipal hospitals.

If a county-municipal hospital is authorized, the board of county commissioners and the governing body of the municipality may jointly: A. lease the hospital upon such terms and conditions as they may determine to a person, firm, corporation, association or the county or municipality for the operation and maintenance of the hospital, provided that the lease may be terminated by the board of county commissioners and the governing body of the municipality without cause upon one hundred eighty days' notice after the first three years of the lease; B. enter into an agreement with the state human services department for the care of sick or indigent persons; C. accept gifts, endowments or grants-in-aid for the purpose of constructing, equipping and maintaining the hospital or endowing rooms or wards for sick, needy or indigent persons; or D. perform any act or adopt any regulation necessary or expedient to carry out the purposes of Sections 3-44-2 through 3-44-4 NMSA 1978. History: 1953 Comp., § 14-45-3, enacted by Laws 1965, ch. 300; 2001, ch. 291, § 2. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, added the proviso in Subsection A, substituted "human services" for "welfare" in Subsection B, and substituted "3-44-2 through 3-44-4 NMSA 1978" for "14-45-2 through 14-45-4 New Mexico Statutes Annotated, 1953 Compilation" in Subsection D. Pleading. — Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity. Robinson v. Memorial Gen. Hosp., 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891. Purchases made by hospital. — A county-municipal hospital is a local public body. Therefore, purchases made by such a hospital must be made in compliance with the provisions of the Public Purchases Act. 1969 Op. Att'y Gen. No. 69-78. Funds held by county-municipal hospital are public moneys. 1969 Op. Att'y Gen. No. 69-78. Boards of trustees are not empowered to accept gifts, endowments or grants-in-aid, but such must be given to the boards of county commissioners or the governing body of the municipality. 1956 Op. Att'y Gen. No. 56-6437.
NM Stat § 3-44-4 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 44 - Hospitals|Section 3-44-4 - County-municipal hospital; board of trustees; powers.

A. A county-municipal hospital shall be governed by a board of trustees consisting of five members who shall be appointed for two-year terms. Three of the trustees shall be appointed by the board of county commissioners and two of the trustees shall be appointed by the governing body of the municipality. B. Upon approval by both the board of county commissioners and the governing body of the municipality, the board of trustees shall consist of seven members, appointed for terms of two years. Seven-member boards shall consist of four trustees appointed by the board of county commissioners and three trustees appointed by the governing body of the municipality. C. The board of trustees has complete control of the management of the hospital. Once each year the board of trustees shall submit to the board of county commissioners and the governing body of the municipality: (1) a report of its management of the hospital; and (2) a financial statement showing all money received and expended and the purposes for which the money was expended. History: 1953 Comp., § 14-45-4, enacted by Laws 1965, ch. 300; 1975, ch. 74, § 1. ANNOTATIONSDischarge for policy violation proper. Hospital was properly authorized to discharge nurse for refusing to follow "floating" policy which was promulgated by the nursing administration, pursuant to authority delegated by the administrator, who in turn was acting within the scope of his charge from the board. Francis v. Memorial Gen. Hosp., 1986-NMSC-072, 104 N.M. 698, 726 P.2d 852. Members of county-municipal hospital board are public officers. 1969 Op. Att'y Gen. No. 69-78. Bonding of personnel. — The board has not only the authority but the duty to see that those personnel responsible for receiving and spending funds of a hospital are bonded in accordance with good administrative practice. 1969 Op. Att'y Gen. No. 69-78. Rendering accounts. — The respective boards of trustees are required to render accounts to the respective governing boards of the county and the municipality. 1956 Op. Att'y Gen. No. 56-6437.
NM Stat § 3-44-5 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 44 - Hospitals|Section 3-44-5 - Hospitals; special charter towns; authority.

A. Any town incorporated, organized and operating under a special act of the legislature may, by resolution or ordinance: (1) own, maintain and operate hospitals, sanitariums and other institutions for the care of sick or indigent persons; (2) issue negotiable bonds for the construction of a hospital, sanitarium or other institution; or (3) upon such conditions and terms as the governing body of the town may determine: (a) delegate the operation and maintenance of the hospital, sanitarium or other institution to any person, corporation or association as it selects; or (b) lease the hospital, sanitarium or other hospital to any person, corporation or association for the care of sick or indigent persons, provided that the lease may be terminated by the governing body of the town without cause upon one hundred eighty days' notice after the first three years of the lease. B. The provisions of Sections 3-54-1 through 3-54-3 NMSA 1978 relating to the leasing of municipal property are not applicable to this section. History: 1953 Comp., § 14-45-5, enacted by Laws 1965, ch. 300; 1973, ch. 258, § 136; 2001, ch. 291, § 3. ANNOTATIONSThe 2001 amendment, effective June 15, 2001, added the proviso in Subparagraph A(3)(b), and substituted "3-54-1 through 3-54-3 NMSA 1978" for "14-55-1 through 14-55-3 NMSA 1953" in Subsection B. Pleading. — Where a hospital seeks a stay of execution on a judgment, without bond, because an appeal has been taken, and the motion relies upon an affidavit by the hospital administrator which states that the movant is a "county-municipal hospital," the affidavit is deficient where it fails to state either that a city-county organization operated the hospital or that it was not leased to some other entity. Robinson v. Memorial Gen. Hosp., 1982-NMCA-167, 99 N.M. 60, 653 P.2d 891.
NM Stat § 3-44-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 44 - Hospitals|Section 3-44-6 - Hospitals; expenditure of public funds.

The use of public funds for the operation and maintenance of a hospital pursuant to a lease authorized by Chapter 3, Article 44 NMSA 1978 is deemed to be funding to the hospital as a public institution, and the hospital facility and lessee thereof are subject to the laws of this state regarding the expenditure of public money. History: Laws 2001, ch. 291, § 4. ANNOTATIONSEffective dates. — Laws 2001, ch. 291 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective June 15, 2001, 90 days after adjournment of the legislature.
NM Stat § 3-45-1 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 45 - Municipal Housing|Section 3-45-1 - Municipal Housing Law; short title.

Chapter 3, Article 45 NMSA 1978 may be cited as the "Municipal Housing Law". History: 1953 Comp., § 14-46-1, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 1. ANNOTATIONSCross references. — For adoption of housing code by reference in ordinance, see 3-17-6 NMSA 1978. For the Urban Development Law, see 3-46-1 NMSA 1978 et seq. For the Community Development Law, see 3-60-1 NMSA 1978 et seq. For the Mortgage Finance Authority Act, see 58-18-1 NMSA 1978 et seq. The 2009 amendment, effective April 7, 2009, changed the reference of the act to the chapter and article of NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Housing Laws and Urban Redevelopment §§ 1 to 14. Constitutionality, construction, and application of statutes or governmental projects for improvement of housing conditions, 130 A.L.R. 1069, 172 A.L.R. 966. Private enterprise, validity, construction, and effect of statutes providing for urban redevelopment by, 44 A.L.R.2d 1414. Suability, and liability, for torts, of public housing authority, 61 A.L.R.2d 1246. Repair or destruction of residential building by public authorities at owner's expense, validity and construction of statute or ordinance providing for, 43 A.L.R.3d 916. What constitutes "blighted area" within urban renewal and redevelopment statutes, 45 A.L.R.3d 1096. Validity and construction of zoning ordinance requiring developer to devote specified part of development to low or moderate income housing, 62 A.L.R.3d 880. Substantive issues relative to rent levels and termination of benefits under United States Housing Act of 1937 (42 USCS § 1437 et seq.), 77 A.L.R. Fed. 884. 62 C.J.S. Municipal Corporations § 699.
NM Stat § 3-45-2 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 45 - Municipal Housing|Section 3-45-2 - Finding and declaration of necessity.

It is hereby declared that: A. unsanitary or unsafe dwelling accommodations exist in the state; B. persons of low and moderate income are forced to reside in such unsanitary or unsafe accommodations; C. within the state, there is a shortage of safe or sanitary dwelling accommodations available at rents that persons of low and moderate income can afford and that such persons are forced to occupy overcrowded, congested dwelling accommodations and that the aforesaid conditions cause an increase in and spread of disease and crime and constitute a menace to the health, safety and welfare of the residents of the state and impair economic values; D. these conditions necessitate excessive and disproportionate expenditures of public funds for crime prevention and punishment, public health and safety, fire and accident protection and other public services and facilities; E. these areas in the state cannot be cleared nor can the shortage of safe and sanitary dwellings for persons of low and moderate income be relieved through the operation of private enterprise and that the construction of housing projects for persons of low and moderate income, as defined in the Municipal Housing Law, would therefore not be competitive with private enterprise; F. the clearance, replanning and reconstruction of the areas in which unsanitary or unsafe housing conditions exist and the providing of safe and sanitary dwelling accommodations for persons of low and moderate income are public uses and purposes for which public money may be spent and private property acquired and are governmental functions of state and municipal concern; and G. it is in the public interest that work on projects for such purposes be commenced as soon as possible in order to relieve a shortage of affordable housing, which now constitutes an emergency; and the necessity in the public interest for the provisions enacted by the Municipal Housing Law is hereby declared as a matter of legislative determination. History: 1953 Comp., § 14-46-2, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 2. ANNOTATIONSThe 2009 amendment, effective April 7, 2009, in Subsections A, B and F, changed "insanitary" to "unsanitary"; in Subsections B, C, E and F, after "persons of low", added "and moderate"; in Subsection C, after "health, safety", deleted "morals"; and in Subsection G, after "in order to relieve", deleted "unemployment" and added "a shortage of affordable housing". Am. Jur. 2d, A.L.R. and C.J.S. references. — 63 C.J.S. Municipal Corporations § 1061.
NM Stat § 3-45-6 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 45 - Municipal Housing|Section 3-45-6 - Prohibited actions.

Neither a housing authority nor any of its contractors or their subcontractors may enter into any contract, subcontract or agreement in connection with a housing project under any contract in which any of the following persons has an interest, direct or indirect, during the person's tenure or for one year thereafter: A. any present or former member of the commission of the housing authority or any member of the member's immediate family. The prohibition established by this subsection does not apply to any member who has not served on the governing body of a resident management corporation and who otherwise has not occupied a policymaking position with the resident management corporation or the housing authority; B. any employee of the housing authority who formulates policy or who influences decisions with respect to a housing project, any member of the employee's immediate family or any partner of the employee; or C. any public official, member of a governing body or state legislator, or any member of that person's immediate family, who exercises functions or responsibilities with respect to the housing project or the housing authority. History: 1953 Comp., § 14-46-6, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 6. ANNOTATIONSThe 2009 amendment, effective April 7, 2009, deleted the entire section which prohibited officers and employees from acquiring any interest in any housing project and added new language.
NM Stat § 3-45-7 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 45 - Municipal Housing|Section 3-45-7 - Removal of commissioners.

A commissioner of an authority may be removed by the mayor, but only for inefficiency, neglect of duty or misconduct in office and only after the commissioner has been given a copy of the charges at least ten days prior to the hearing on the charges and has had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner by the mayor, a record of the proceedings, together with the charges and findings, shall be filed in the office of the clerk. Commissioners may be removed for cause based on noncompliance with housing program regulations. History: 1953 Comp., § 14-46-7, enacted by Laws 1965, ch. 300; 2009, ch. 226, § 7. ANNOTATIONSThe 2009 amendment, effective April 7, 2009, added the last sentence.
NM Stat § 3-45-8 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 45 - Municipal Housing|Section 3-45-8 - Eminent domain.

In addition to the other purposes for which a city may appropriate property, a city shall have the right to acquire by the exercise of the power of eminent domain any real property which it may deem necessary for its purposes under the Municipal Housing Law after the adoption by it of a resolution declaring that the acquisition of the real property described therein is necessary for such purposes. A city may exercise the power of eminent domain hereunder in the manner provided by the laws of the state of New Mexico, and acts amendatory thereof or supplementary thereto; or it may exercise the power of eminent domain hereunder in the manner provided by any other applicable statutory provisions for the exercise of the power of eminent domain. Title to property so acquired shall be taken in the name of the city. History: 1953 Comp., § 14-46-8, enacted by Laws 1965, ch. 300. ANNOTATIONSCross references. — For condemnation proceedings, see 42A-1-1 et seq. Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Housing Laws and Urban Redevelopment § 22.
NM Stat § 3-45-9 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 45 - Municipal Housing|Section 3-45-9 - Operation not for profit.

It is declared to be the policy of this state that each city shall manage and operate its housing projects and affordable housing programs in an efficient manner so as to enable it to fix the rentals for dwelling accommodations at the lowest possible rates consistent with its providing decent, safe and sanitary dwelling accommodations and that no city shall construct or operate any housing project for profit. To this end, a city shall set the rental rates for dwellings in the housing projects it manages and operates at no higher rates than it finds to be necessary in order to produce revenues that, together with any grants or subsidies from the federal government or other sources for housing projects, will be sufficient: A. to pay, as they become due, the principal and interest on the bonds or other obligations of the city issued under the Municipal Housing Law; B. to meet the cost of and to provide for maintaining and operating the housing projects and affordable housing programs, including the cost of any insurance, the administrative expenses of the city incurred in connection with the housing projects and affordable housing programs and the funding of any operational reserves as the authority deems appropriate; C. to fund such reserves to secure the payment of its bonds as the authority deems appropriate or convenient; and D. to allow private, profit-making entities to enter into agreements with the authority, and such agreements shall not be deemed to affect the nonprofit status of the authority or conflict with the intent of the creation of the authority. History: 1953 Comp., § 14-46-9, enacted by Laws 1965, ch. 300; 1989, ch. 50, § 3; 2009, ch. 226, § 8. ANNOTATIONSThe 2009 amendment, effective April 7, 2009, after "housing projects", added "and affordable housing programs". The 1989 amendment, effective June 16, 1989, in the undesignated introductory paragraph deleted "or as a source of revenue" at the end of the first sentence and inserted "it manages and operates" in the second sentence; inserted "or other obligations" in Subsection A; added all of the language in Subsection B following "connection"; rewrote Subsection C, which formerly read: "to create, during not less than six years immediately succeeding its issuance of any bonds, a reserve sufficient to meet the largest principal and interest payments which will be due on such bonds in any one year thereafter and to maintain such reserve"; added subsection D; and made minor stylistic changes throughout the section.
NM Stat § 3-45-10 (2021)
2021 New Mexico Statutes|Chapter 3 - Municipalities|Article 45 - Municipal Housing|Section 3-45-10 - Sales, rentals and tenant selection.

A. In the operation or management of housing projects and affordable housing programs or the sale of any property pursuant to the Municipal Housing Law, a city shall at all times observe the following duties with respect to rentals, property and tenant selection: (1) it may rent, lease or sell the dwelling accommodations in the housing project and affordable housing programs only to persons falling within federally established standards; (2) it may rent, lease or sell to a tenant dwelling accommodations consisting of the number of rooms, but no greater number, that it deems necessary to provide safe and sanitary accommodations to the proposed occupants without overcrowding; and (3) it shall not accept any person as a tenant in any housing program if the person has an annual net income in excess of federally established standards. B. Nothing contained in this section or Section 3-45-9 NMSA 1978 shall be construed as limiting the power of a city to vest in an obligee the right, in the event of a default by the city, to take possession and operate housing projects or affordable housing programs or cause the appointment of a receiver thereof, free from all the restrictions imposed by this section or Section 3-45-9 NMSA 1978. History: 1953 Comp., § 14-46-10, enacted by Laws 1965, ch. 300; 1989, ch. 50, § 4; 2009, ch. 226, § 9. ANNOTATIONSThe 2009 amendment, effective April 7, 2009, after "housing projects", added "and affordable housing programs"; in Paragraph (1) of Subsection A, after "persons falling within", added "federally established" and after "standards", deleted "adopted by the authority". The 1989 amendment, effective June 16, 1989, inserted "Sales" in the section heading; inserted "or the sale of any property pursuant to the Municipal Housing Law" in the introductory paragraph in Subsection A and inserted "property" near the end of the paragraph; in Subsection A(1), inserted "or sell" and added "falling within the standards adopted by the authority" at the end of the subsection; inserted "or sell" in Subsection A(2); rewrote Subsection A(3); substituted "3-45-9 NMSA 1978" for "14-46-9 New Mexico Statutes Annotated, 1953 Compilation" in Subsection B; and made minor stylistic changes throughout the section. Am. Jur. 2d, A.L.R. and C.J.S. references. — 40 Am. Jur. 2d Housing Laws and Urban Redevelopment §§ 33, 34. Tenant selection criteria under § 8 of Housing Act of 1937 (42 USCS § 1437f), 80 A.L.R. Fed. 470.