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SPONSOR: |
Maes |
DATE TYPED: |
03/10/03 |
HB |
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SHORT TITLE: |
Ordinances Raising Housing Construction Costs |
SB |
474 |
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ANALYST: |
Padilla |
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APPROPRIATION
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Appropriation
Contained |
Estimated
Additional Impact |
Recurring or
Non-Rec |
Fund Affected |
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FY03 |
FY04 |
FY03 |
FY04 |
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NFI
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(Parenthesis
( ) Indicate Expenditure Decreases)
LFC Files
Responses
Received From
SUMMARY
Synopsis
of Bill
Senate Bill 474 amends Section 3-17-1 NMSA 1978
to make it unlawful for the governing body of a county or a municipality to
pass any ordinance that unreasonably increases the cost of low-income or
affordable housing.
Significant
Issues
A number of municipal and county ordinances
could conceivably be construed as leading to increases in the cost of
affordable or low-income housing. The
bill provides that governing bodies “shall not adopt an ordinance that will unreasonably
increase” the cost. Even with this
qualifier, it may be difficult to identify an offending ordinance. The Attorney General’s office believes the
“unreasonably increase” standard may be void as unconstitutionally vague.
The Attorney General’s office also points out
that there may be enforcement issues because individuals who qualify for
low-income and affordable housing have less access to legal resources. The bill does not provide any details on how
the provisions of the bill would be enforced.