The proposed ordinance would expand income eligibility and strengthen long-term affordability protections. A public hearing is scheduled for Dec. 8.

Damien Willis, Organ Mountain News

LAS CRUCES - Doña Ana County commissioners voted unanimously Tuesday to advance a proposed overhaul of the county's affordable housing ordinance that would expand income eligibility for housing assistance and strengthen requirements intended to keep publicly supported homes affordable over the long term.

The Board of County Commissioners voted 5-0 on Oct. 27 to authorize publication of the proposed amendment, beginning the public notice process ahead of a Dec. 8 hearing. The board did not adopt the ordinance Tuesday.

The proposed changes would raise the upper income threshold used to define moderate-income households from 80% to 150% of area median income. They would also establish stronger long-term affordability protections for certain projects developed on county land or through community land trusts and shared-equity arrangements.

The proposal follows the commission's Oct. 13 adoption of a new county affordable housing plan. It would update Ordinance No. 280-2015, which has governed the county's affordable housing programs for more than a decade.

Who would qualify under the proposed rules

One of the most significant changes involves how the county defines low- and moderate-income households. Under the existing ordinance, households earning less than 60% of Doña Ana County's area median income fall within the low-income category. Households earning between 60% and 80% of area median income are considered moderate-income.

The proposed ordinance would increase those thresholds. Low-income households would be defined as those earning less than 80% of area median income, while the moderate-income category would encompass households earning between 80% and 150%.

The distinction matters because the ordinance establishes the eligibility framework for county-supported affordable housing programs, including grants, loans and other forms of housing assistance. However, the proposed thresholds would not guarantee assistance to every household within those income ranges.

The ordinance would allow the county to establish more restrictive income limits, subsidy amounts and eligibility requirements for individual programs based on available funding, demonstrated housing needs and applicable state or federal requirements. Specific dollar-income limits would depend on annually published area median income figures and household circumstances.

New protections for long-term affordability

The proposed ordinance would retain minimum affordability periods tied to the amount of public assistance provided to a housing project. Those minimum periods range from five years for assistance below $15,000 to 20 years for assistance exceeding $100,000.

The revision goes further for projects involving county-owned or county-conveyed land. It would require a recorded affordability restriction, ground lease, shared-equity covenant or other enforceable agreement intended to preserve affordability permanently or for the longest period allowed by law.

Similar requirements would apply to community land trusts, shared-equity housing, limited-equity cooperatives and resale-restricted ownership projects receiving assistance under the ordinance.

"Now we add permanent or longest lawful term controls for county land and community Land Trust and share equity models," Housing Manager Daniela Andrade told commissioners during Tuesday's meeting.

Those provisions are intended to prevent certain publicly supported homes from quickly returning to the unrestricted housing market. The draft also requires qualifying housing providers and developers to meet performance standards, maintain appropriate financial records and enter into agreements that protect public funds or property if a project is abandoned or not completed.

A framework for future housing investments

Andrade told commissioners the update would bring the county's affordable housing rules into alignment with its newly adopted 2026 Affordable Housing Plan and the current framework used by Housing New Mexico.

"In 2015, the ordinance was primarily prescriptive in program requirements. Now it allows program-specific income targets, subsidy limits, scoring geographic priorities and performance measurements," Andrade said.

The proposed ordinance would allow the county to tailor housing assistance programs to different needs and populations, with requirements varying by project type, geographic area and funding source. The county's affordable housing plan identifies housing preservation, rehabilitation, rental affordability, housing stability and investment in rural communities and colonias among its priorities.

"We are also adding explicit critical repair, accessibility, energy efficiency, resilience and anti overcrowding tools for the housing programs that will be your target based on the needs assessment on our affordable housing plan," Andrade said.

The ordinance would establish procedures for awarding housing assistance, evaluating future projects and monitoring recipients' compliance with program requirements. It would not, by itself, appropriate money for affordable housing or authorize a particular development. Individual projects and expenditures would still require separate review and approval under applicable county procedures and funding requirements.

Public hearing scheduled Dec. 8

Commissioners unanimously authorized publication of the proposed amendment's title and general summary following Andrade's presentation. The 5-0 vote advances the ordinance to the public notice stage but does not put the proposed rules into effect.

"I am here to request the authorization to publish title and general summary of the affordable housing ordinance. This means that we will initiate the required public notice process before the Board considers adoption of this new amended ordinance," Andrade told commissioners.

Andrade said the notice would be published in a newspaper of general circulation, followed by a 15-day public comment period. The county would then process any comments before holding its public hearing.

The hearing is scheduled for Tuesday, Dec. 8, at 9 a.m. during the commission's regular meeting at the Doña Ana County Government Center, 845 N. Motel Blvd. in Las Cruces. Commissioners will consider whether to adopt the updated ordinance following the hearing.

The proposed replacement appears in the county's Oct. 27 commission agenda packet, beginning on page 1197. Residents interested in how the county defines housing affordability, selects projects or preserves subsidized housing can review the proposed changes before the December hearing.

Damien Willis is founder and editor of Organ Mountain News. If you have a personal story to share or a lead we should follow up on, reach out at OrganMountainNews@gmail.com or connect with him on X at @damienwillis.