Bill Tracker

Section 2 of the bill prohibits insurers from denying a
homeowner's insurance policy based on the breed or mixture of breeds of
dog that resides at the insured dwelling, while allowing denial if a
specific individual dog is a dangerous dog. Insurers are also prohibited
from asking or otherwise inquiring about the specific breed or mixture of
breeds of dog kept at a dwelling except to ask if the dog is known to be
or has been declared a dangerous dog.
Section 3 requires that an officer executing a writ of restitution
inspect the premises for pet animals and give any pet animal found to the
tenant of the premises if the tenant is present at the time the writ is
executed. If a tenant is not present, the landlord must contact a local
animal shelter or pet animal rescue to take custody of any pet animal and
leave contact information for the tenant as to where the pet animal has
been taken. An officer or any other person in connection with execution
of the writ is prohibited from removing and leaving any pet animal
unattended on public or private property.
Section 4 prohibits a landlord from demanding or receiving a
security deposit or rent in exchange for allowing a pet animal to reside on
the residential premises with a tenant.
Section 5 creates the pet friendly landlord damage mitigation
program to be administered by the department of local affairs, subject to
availability of funding. Under the program, a landlord may receive
reimbursement for actual damage caused to a rental premises by a pet
animal allowed to reside with the tenant up to $1,000. Reimbursements
are granted on a first come, first served basis, and a landlord must provide
documentation in support of the damages for which the landlord makes
the claim of reimbursement. The department has authority to promulgate
rules to implement the program. A landlord who receives reimbursement
under the program is prohibited from taking legal action against the
tenant for the damages or from pursing collection against the tenant for
the damages.
Section 6 excludes pet animals from the categories of a tenant's
personal property that a person who rents furnished or unfurnished rooms
or apartments may place a lien on for unpaid board, lodging, or rent.
Section 7 of the bill prohibits the existing Colorado affordable
housing tax credit from being allocated unless tenants are allowed to keep
pet animals at a qualified development where the tenant resides. The
required allowance of pet animals is subject to state and local laws
governing public health, animal control, and animal anti-cruelty, and is
subject to reasonable conditions that may be imposed on the allowance of
pet animals. Reasonable conditions do not include prohibitions on pet
animal breeds or weight restrictions of a pet animal.

• April 13, 2023: Senate Local Government & Housing Committee Report
• March 06, 2023: House Finance Committee Report
• March 06, 2023: House Finance Committee Report
• February 22, 2023: House Transportation, Housing & Local Government Committee Report
• February 22, 2023: House Transportation, Housing & Local Government Committee Report

This bill prohibits certain predatory clauses that take advantage of tenants from being included in leases.

Updates the law to prohibit the following provisions:

• a waiver of the right to a jury trial;
• a waiver of the ability to bring, join, litigate, or support collective claims and actions;
• a waiver of the implied covenant of good faith and fair dealing;
• a waiver of the implied covenant of quiet enjoyment
• a provision that purports to affix fees, damages, or penalties for tenants’ failure to provide notice of nonrenewal of a rental agreement;
• a provision that defines any amount or fee other than the set monthly payment for occupancy, including utilities and service charges, as “rent,” and would allow landlords to collect such fees through rental collection remedies, including eviction; and
• a provision that requires tenants to pay for a service billed to landlords by third-party in an amount greater than what the third-party bills landlords

League position supports policies that protect affordable housing opportunities for all.  Additional penalty clauses/fees create a financial barrier to housing costs.

Current law prohibits a written rental agreement from including:
  • An unreasonable liquidated damages clause that assigns a
cost to a party stemming from an eviction notice or an
eviction action for a violation of the rental agreement; or
  • A one-way, fee-shifting clause that awards attorney fees
and court costs only to one party. Any fee-shifting clause
in a rental agreement must award attorney fees to the
prevailing party in a court dispute.
The bill amends these prohibitions so that:
  • A written rental agreement must not include any clause that
assigns a penalty to a party stemming from an eviction
notice or an eviction action that results from a violation of
the rental agreement; and
  • Any fee-shifting clause in a rental agreement must award
attorney fees to the prevailing party only following a
determination that the party prevailed and the fee is
reasonable.
The bill also prohibits a written rental agreement from including:
  • A waiver of the right to a jury trial; the ability to pursue,
bring, join, litigate, or support certain class or collective
claims or actions; the implied covenant of good faith and
fair dealing; or the implied covenant of quiet enjoyment;
  • A provision that purports to affix any fee, damages, or
penalty for a tenant's failure to provide notice of
nonrenewal of a rental agreement prior to the end of the
rental agreement;
  • A provision that characterizes any amount or fee set forth
in the rental agreement, with the sole exception of the set
monthly payment for occupancy of the premises, as rent
for which all remedies to collect rent, including eviction,
are available; or
  • A provision that requires a tenant to pay a fee in excess of
the amount the landlord paid for a service for which the
landlord is billed by a third party or that purports to recoup
costs incurred by the landlord in processing any such
services or billing.

• April 04, 2023: Senate Local Government & Housing Committee Report
• April 04, 2023: Senate Local Government & Housing Committee Report
• February 09, 2023: House Business Affairs & Labor Committee Report
• February 09, 2023: HB23-1095 L.001 House Business Affairs & Labor
• February 09, 2023: HB23-1095 L.002 House Business Affairs & Labor
• February 09, 2023: HB23-1095 L.003 House Business Affairs & Labor
• February 09, 2023: HB23-1095 L.004 House Business Affairs & Labor
• February 09, 2023: HB23-1095 L.005 House Business Affairs & Labor
• February 09, 2023: HB23-1095 L.006 House Business Affairs & Labor
• February 09, 2023: House Business Affairs & Labor Committee Report

The bill requires a landlord to accept from a prospective tenant a
portable tenant screening report (screening report). A screening report
must have been prepared by a consumer reporting agency (agency) within
the previous 30 days at the prospective tenant's request and expense and
include certain information about the prospective tenant.
If a prospective tenant provides a screening report, the landlord
shall not charge the prospective tenant either an application fee or a fee
for the landlord to access or use the screening report.
Prior to collecting any tenant information that would generate an
application fee, a landlord shall advise a prospective tenant that the
landlord accepts screening reports and is prohibited from charging an
application fee or other fee to a prospective tenant who provides a
screening report.
If a prospective tenant's rental application is denied, and the
landlord charged the prospective tenant an application fee to obtain a
consumer report, the landlord shall provide a copy of the consumer report
to the prospective tenant, along with a notice of the prospective tenant's
right to dispute the accuracy of the consumer report. If the prospective
tenant did not pay an application fee for the landlord to obtain a consumer
report, the landlord's notice of denial must include either a copy of the
consumer report or the agency's contact information and notice of the
prospective tenant's right to receive a free copy of the consumer report
and to dispute the accuracy of the consumer report.
The bill authorizes the attorney general's office to independently
initiate and bring an action to enforce the Rental Application Fairness
Act.

• March 23, 2023: Senate Local Government & Housing Committee Report
• March 23, 2023: Senate Local Government & Housing Committee Report
• February 08, 2023: House Business Affairs & Labor Committee Report
• February 08, 2023: HB23-1099 L.001 House Business Affairs & Labor
• February 08, 2023: House Business Affairs & Labor Committee Report

HB23-1115 repeals current law prohibiting a local government from enacting laws that control rent on private residential real property, or private residential housing.  Removing the state prohibition on local rent control ordinances does not create a statewide rent control law or change expenditures or revenue of any state agency or local government. If passed, this bill allows local governments to choose to adopt local ordinances or regulations to stabilize rent prices. There is no appropriation required for this bill and it has been assessed by the Legislative Council Staff as having no fiscal impact.

Through the legislative process during House Floor work, the following provisions were adopted by Amendments noted below:
If a local government chooses to adopt a rent control policy, the bill places certain conditions on those policies as follows.
• It must be uniformly applied among all renters and all private residential
properties and housing units that are similarly situated.
• It may not be applied for 15 years from the date when the first certificate of
occupancy was issued on a residential property or housing unit, except for
mobile homes.
• Any limits on annual rent increases must not be for less than the percentage
increase in the consumer price index plus three percentage points, plus
reasonable increases reflective of the actual costs incurred and demonstrated by
a landlord in conducting substantial renovations.
• It must not apply to housing units that are already rent stabilized.
Regardless of the first two of these guidelines, the bill permits a local government to have or adopt an ordinance or regulation that is expressly intended and designed to increase the supply of affordable housing. The bill also makes a conforming amendment.

The LWVCO supported a similar bill in 2019 (SB19-225—Authorize Local Governments to Stabilize Rent) that did not become law. The LWVCO supports policies to provide a decent home and a suitable living environment for every person. Currently, there is no limit on the amount that a landlord can increase rent each year. Colorado is the 8th least affordable state. The Colorado Health Foundation 2022 Pulse Poll (www.copulsepoll.org/results) found that Coloradans are overwhelmed by the rising cost of living and the cost of housing. The cost of living is rated as the top problem in every region of the state. Many Coloradans are making difficult financial tradeoffs to stay on top of economic pressures. Some are skipping meals because they can’t afford food; others are going without health care or working more in order to pay for their housing;
many are experiencing mental health strain but say out-of-pocket costs are a challenge to getting the help they need. Only one in four people who quality for rental subsidies receives them.

LWVCO is fully committed to diversity, equity, and inclusion (DEI) to create a more perfect democracy. The National Low Income Housing Coalition reports that 74% of Colorado’s extremely low income renter households spend more than half of their income on housing (https://nlihc.org/housing-needs-by-state/colorado). About 40% of these households are in the labor force, and many households include older adults, single caregivers, or disabled persons. The average annual income to afford a 2-bedroom apartment in Colorado is about $60K, or about $29/hour full time (https://nlihc.org/oor/state/co). High rent prices in Colorado disproportionately impact persons employed in occupational groups with lower median wages and people of color.

LWVCO Supports this bill.

The bill repeals statutory provisions prohibiting counties and
municipalities from enacting any ordinance or resolution that would
control rent on private residential property or a private residential housing
unit. The bill also makes a conforming amendment.

• April 25, 2023: Senate Local Government & Housing Committee Report
• February 15, 2023: HB23-1115 L.004 House Transportation, Housing & Local Government
• February 15, 2023: House Transportation, Housing & Local Government Committee Report
• February 15, 2023: House Transportation, Housing & Local Government Committee Report

HB23-1120 requires a landlord and residential tenant to participate in mandatory neutral mediation prior to commencing an eviction action if the residential tenant discloses that they receive cash assistance including:

Social Security Disability Insurance (SSDI)

Supplemental Security Income (SSI)

Temporary Assistance for Needy Families (TANF)

This bill also extends the period after an eviction judgment before law enforcement can execute a writ of restitution from 10 to 30 days for tenants who receive cash assistance.  The bill requires that a written rental agreement include a statement that a residential tenant who receives cash assistance has a right to mediation prior to the landlord filing an eviction complaint with the court, and it prohibits a written rental agreement from including a waiver of mandatory mediation.

The LWVCO supports policies to provide a decent home and a suitable living environment for every person.  There is a large disparity in access to legal representation between landlords and people experiencing eviction.  A 2021 study found that tenants receive legal counsel in 1% of eviction cases while landlords are represented in 77% of cases.  Prelitigation mediation facilitates communication between tenants and landlords and can result in reasonable alternatives to eviction.  Keeping people housed and preventing evictions saves taxpayers money by reducing public spending and saves property owners from incurring expenses from legal fees, vacancies, and resident turnovers.

LWVCO is fully committed to diversity, equity, and inclusion (DEI) to create a more perfect democracy.  The 2022 Affordable Housing Transformational Task Force found that Colorado has a severe deficit of rental units to meet current demand.  Tenants with disabilities face additional barriers to finding housing that meets their accessibility requirements, and tenants who receive cash assistance face additional barriers to finding housing that is affordable on a fixed income.  Only one in four people who quality for rental subsidies receives them.

The bill requires a landlord and residential tenant to participate in
mandatory mediation prior to commencing an eviction action if the
residential tenant receives supplemental security income, federal social
security disability insurance, or cash assistance through the Colorado
works program (collectively, cash assistance). The landlord and
residential tenant do not have to participate in mediation if the residential
tenant did not disclose or declined to disclose in writing to the landlord
that the residential tenant receives cash assistance. Failure to comply with
mandatory mediation is an affirmative defense.
The bill prohibits a law enforcement officer from executing a writ
of restitution against a residential tenant for at least 30 days after the entry
of judgment if the residential tenant receives cash assistance.
The bill requires a written rental agreement to include a statement
that a residential tenant who receives cash assistance has a right to
mediation prior to the landlord filing an eviction complaint with the court.
The bill prohibits a written rental agreement from including a
waiver of mandatory mediation.

• April 28, 2023: Senate Appropriations Committee Report
• April 25, 2023: Senate Local Government & Housing Committee Report
• April 10, 2023: House Appropriations Committee Report
• April 10, 2023: House Appropriations Committee Report
• February 14, 2023: House Judiciary Committee Report
• February 14, 2023: House Judiciary Committee Report

LWV Position on Housing:

It is the responsibility of all levels of government to provide equality of opportunity for education, employment, and housing for all persons in the United States regardless of their race, color, gender, religion, national origin, age, sexual orientation, or disability. 

Housing Team Report from 03/17/23

All but one of the previous concerns expressed to the sponsors by the Housing Team and members of LWVCO have been heavily negotiated to a mutually-satisfactory set of amendments and provisions that help tenants and landlords.  For this reason we are asking for a change from Monitor to a Support position.

This bill provides requirements for notice to tenant by landlord of conditions that, if left uncured for a specified amount of time, would be considered, “just cause for eviction.”

HB23-1171 also provides for instances of “no fault eviction.”  No fault eviction would be where the building is demolished, or major renovations make it unlivable, or the landlord or a member of landlord’s family want to reside in the unit.  The bill also provides for notice from tenant to landlord of tenant’s intention to quit the premises, which was missing from the original bill.

Summary after passage in the House on 03/15/23

Exemptions to the entire Bill:

• Short-term rentals
• Single-family residences that are an owner’s primary residence and the owner lives on-site and rents a portion of the home (i.e. basement apartment/ADU)
• Mobile homeowner leasing a lot in a mobile home park

Just Cause Evictions:

• Existing reasons under current law for evictions with all procedures and notice requirements remain the same under HB23-1171:
  • Tenant holdover + nonpayment of rent
  • Tenant holdover + substantial violation (defined in 13-40-107.5 (3) which includes criminal activity)
  • Tenant holdover + non-compliance of a lease condition
• Two new reasons for eviction
  • Tenant holdover + failure to sign a substantially similar lease
  • Tenant holdover + denying the landlord entry
• No-fault Eviction Reasons
  • Demolition or conversion of residential premises
  • Substantial repairs or renovations (not related to Warranty of Habitability)
  • Landlord or family member of landlord assumes occupancy
  • Time-limited housing (hotel/motel short-term residences) offered by a public housing authority or nonprofit.
  • Withdrawal from the rental market for the purpose of selling the residential premises

Notice Language Requirements:

• Landlords are required to provide notice in English and in either:
  • The second most common language in the census tract of the residential premises; or
  • In any other language the landlord knows or has reason to know is the primary language of the tenant.

Relocation Assistance:

• Exemptions:
  • A tenant who is renting a property that is not their primary residence.
  • A landlord whose rental income is less than $6500/month after payment of mortgages, escrows/property taxes, and HOA fees.
  • If a landlord can provide substantially similar housing accommodations and amenities.
  • A landlord who chooses to put a single-family home, townhome or individual condo on the market to sell.
  • Mobile homeowner leasing a lot in a mobile home park.
  • Public housing authority or nonprofit that is required to provide federal relocation assistance and such assistance is more beneficial than what is required in the bill.
  • Public housing authority or nonprofit exercises the no-fault time-limited housing eviction.
• Rental assistance for a landlord not qualifying under an exemption:
  • Two months of rent; and
  • One month additional rent if any of the following tenants reside in the premises at the time of eviction:
• An individual less than 18 or more than 60
• Low-income individual
• An individual with a disability

Notice to Quit:

• Establishes criteria and a process for a tenant to terminate a tenancy with notice conditional on the amount of time the tenant has lived in the premises.

LWVCO Supports this bill.

The bill prohibits a landlord from evicting a residential tenant
unless the landlord has just cause for eviction. Just cause exists when:
  • The tenant continues to fail to pay rent after the landlord
provides the tenant timely written notice of such
nonpayment;
  • The tenant commits a substantial violation and does not
cure it within 10 days after the landlord provides the tenant
written notice of the substantial violation;
  • Conditions exist for a no-fault eviction;
  • The tenant refuses to allow the landlord to enter the
residential premises after the landlord has provided written
notice of such entry at least 48 hours before attempting
such entry, unless the rental agreement specifies a longer
period of advanced written notice; or
  • The tenant refuses to sign a new rental agreement with
terms that are substantially identical to the tenant's current
rental agreement, so long as the landlord proffers the new
rental agreement at least 30 days before the expiration of
the current rental agreement.
The following conditions constitute grounds for a no-fault eviction
of a tenant, with certain limitations:
  • Demolition or conversion of the residential premises;
  • Substantial repairs or renovations to the residential
premises; or
  • Occupancy of the residential premises assumed by the
landlord or a family member of the landlord.
A landlord that proceeds with a no-fault eviction of a tenant must
provide relocation assistance to the tenant in the amount of 2 months' rent
plus the amount of one additional month of rent if any of the following
individuals reside in the residential premises at the time the landlord
proceeds with the no-fault eviction:
  • An individual who is less than 18 years of age or at least 60
years of age;
  • A low-income individual; or
  • An individual with a disability.
If a landlord proceeds with an eviction of a tenant of a residential
premises in violation of the new provisions, the tenant may seek relief as
provided in existing laws concerning unlawful removal of a tenant.

• May 04, 2023: Senate Local Government & Housing Committee Report
• March 01, 2023: House Transportation, Housing & Local Government Committee Report
• March 01, 2023: House Transportation, Housing & Local Government Committee Report

Introduced inn House 2/3/23 Assigned to Transportation, Housing &
Local Government

SPONSORS: Rep. H. Lindstedt| Rep. L. Fritzell| Sen. D. Roberts

First hearing Tuesday, February 28, 2023

Affordable for-sale homes options are almost non-existent across
Colorado, and nonprofit affordable homeownership developers and
Community Land Trusts are playing an increasingly larger role in helping
low-income Coloradans access home ownership and the benefits that
come with it. Land is the greatest expense when developing affordable
for-sale housing. HB23 1184 aims to stimulate the creation of more
affordable homeownership development through targeted and limited
property tax exemptions aimed at reducing the cost of land.
HB23 1184 will (1) expand an existing property tax exemption for real
property on which affordable for sale homes are constructed or
rehabilitated by certain affordable homeownership providers and (2) add a
new property tax exemption on land that is owned by certain affordable
homeownership providers to create permanently affordable for-sale
homes.

This bill is needed because it:
* Helps achieve affordability in homeownership for families at or
under 100% of their area median income
* Aligns with state’s priorities for increasing the affordable housing
stock
*Aligns statute with the time needed to develop affordable
homeownership opportunities
* Creates savings through the property tax exemption that reduces
the cost of land, better enabling providers to save on overall construction
costs and provide a more affordable home to future homeowners.
* Ensures homes under the new property tax exemption remain part
of the affordable homeownership stock.
The proposed changes:
* Expand the definitions of “nonprofit housing provider” in State
statue 39-3 113.5 so all nonprofit affordable homeownership providers can
use the property tax exemption
* Increase the area medium income qualification for “low-income
applicants” served tp 100% or less from 80%
* Extent the period that the exemption may be claimed from five
years to ten years
*Create a new property tax exemption for community land trusts
(CLT) and other nonprofit affordable homeownership providers that
develop permanently affordable for-sale homes on land which is owned by
the CLT or nonprofit affordable homeownership provider. This exemption
will apply to the land only. The home, which will be sold to low-income
families, will continue to be taxed.

You may be interested in organizations that support this bill:
Elevation Community Land Trust
Habitat for Humanity of Colorado
Housing Colorado
Colorado Affordable Homeownership Alliance

Section 1 of the bill clarifies and expands the current property tax
exemption for property acquired by nonprofit housing providers for
low-income housing. The bill clarifies that property may qualify for the
property tax exemption, through construction on the property, until the
property is sold or transferred. The bill expands the definition of
low-income applicants to include individuals or families who are at or
below 100% of the area median income, rather than 80% of the area
median income.
Section 2 deems certain property held by community land trusts
and nonprofit affordable homeownership developers to be used for a
strictly charitable purpose, and to consequently be exempt from property
taxation in accordance with the state constitution. To qualify for the
exemption, the property must be split into a separate taxable parcel from
the improvements on the property and leased to the owner of the
improvements as an affordable homeownership property.

• April 28, 2023: Senate Appropriations Committee Report
• April 25, 2023: Senate Finance Committee Report
• March 30, 2023: House Appropriations Committee Report
• March 30, 2023: House Appropriations Committee Report
• March 06, 2023: House Finance Committee Report
• March 06, 2023: House Finance Committee Report
• February 28, 2023: House Transportation, Housing & Local Government Committee Report
• February 28, 2023: House Transportation, Housing & Local Government Committee Report

HB23-1186 requires that the court allow either party or any witness to choose to appear in person or remotely (by phone or video) for court proceedings related to residential eviction actions.  The bill also authorizes a defendant to file an Answer electronically, authorizes either party to file a motion or other documents electronically, and prohibits the court from assessing fees for e-filing documents.  It requires the court to comply with federal and state regulations regarding accommodations for people with a disability or for people with limited English proficiency.  The bill prohibits the court from entering a default judgment if a party is unable to participate remotely due to a technological disconnection or failure.

The LWVCO supports policies to provide a decent home and a suitable living environment for every person.  Currently, when a tenant does not appear for an eviction court proceeding, a default judgment is automatically entered against them, and the tenant is evicted without a hearing.  Many tenants face significant barriers to appearing in person for eviction proceedings, including work, child care, transportation, and living with a disability.  Tenants living in rural parts of Colorado can be particularly challenged in appearing in person for an eviction, as county courthouses can be located many miles away.  The option of remote participation will result in fewer default judgments and an increase in participation.

LWVCO is fully committed to diversity, equity, and inclusion (DEI) to create a more perfect democracy.  Currently some judges allow parties in an eviction to participate remotely, but this varies statewide.  Uniform access to due process and justice requires statewide uniformity for eviction proceedings, including having a choice for remote participation, and accommodations for people with a disability or people with limited English proficiency.

For a residential eviction action filed in county court, the bill:
  • Requires the court to allow either party or any witness to
choose to appear in person or remotely at any return,
conference, hearing, trial, or other court proceeding;
  • Authorizes a pro se defendant to file an answer
electronically by e-mail, or at the court's discretion, through
an e-filing system; and authorizes either party, if the party
is pro se, to file a motion or other documents electronically
by e-mail, or at the court's discretion, through an e-filing
system;
  • Prohibits the court from assessing an e-filing fee or service
fee on a motion to waive filing fees, or from assessing an
e-filing fee, service fee, or any other fee associated with the
electronic filing or e-mailing of motions, answers, or
documents for an indigent party; and
  • Requires the court to comply with federal and state law or
regulations, including supreme court directive or policy,
regarding the provision of accommodation for people with
a disability or for people with limited English proficiency.
If a party is appearing remotely and the party is disconnected, the
bill requires the court to make all reasonable efforts to contact the party
and allow reasonable time for the party to reestablish connection. If the
party is unable to reestablish connection, the bill requires the court to
reschedule the hearing for the first available in-person date after the date
of the originally scheduled hearing, but no later than one week after the
originally scheduled hearing, to the extent practicable. The bill prohibits
the court from entering a default judgment if a party is unable to
participate remotely due to a technological disconnection or failure.
The bill requires the complaint to include a designation of whether
the plaintiff elects to participate in any hearing in person or remotely, and
a box indicating if the eviction is for a residential or commercial tenancy.
The bill requires the summons to include a statement in bold-faced
type notifying the defendant that either party has a right to appear in
person or remotely, include a place for the defendant to indicate whether
the defendant will appear in person or remotely, and provide information
for how a pro se party can electronically submit documents related to the
case.

• April 14, 2023: Senate Appropriations Committee Report
• April 04, 2023: Senate Finance Committee Report
• April 04, 2023: Senate Finance Committee Report
• March 17, 2023: House Appropriations Committee Report
• March 17, 2023: House Appropriations Committee Report
• March 09, 2023: House Finance Committee Report
• March 09, 2023: House Finance Committee Report
• February 22, 2023: House Judiciary Committee Report
• February 22, 2023: House Judiciary Committee Report

HB23-1190— Affordable Housing Right of First Refusal

Concerning a right of first refusal to purchase qualifying multifamily residential property by a local government.

02/10/2023 | Introduced in House - Assigned to Transportation, Housing & Local Government

SPONSORS: Rep. A. Boesenecker | Rep. E. Sirota | Sen. F. Winter

HB23-1190 creates the right of first refusal, with certain exemptions, for local governments to purchase multi-unit residential properties for long-term affordable housing.  Long-term affordable housing means that the annual rent for any unit will not exceed the rent for households of a given size at the applicable area median income for a minimum of 100 years, and the local government agrees not to raise rent for any unit by more than the bill’s specified rent increase cap.  Qualifying properties include any multifamily or mixed-use property consisting of five or more residential units in urban counties, and three or more residential units in rural or rural resort counties.  No appropriation is required.

The LWVCO supports policies to provide a decent home and a suitable living environment for every person.  Colorado has a severe shortage of affordable rental homes, and preservation of existing affordable rental housing is an essential to addressing our shortage.  HB23-1190 allows local governments and housing authorities to be competitive with for-profit developers by giving them the opportunity to match the sale price and prevent affordable housing from being converted to market-rate housing.

LWVCO is fully committed to diversity, equity, and inclusion (DEI) to create a more perfect democracy.  Colorado has about 160,000 low-income renter households but only has about 46,000 affordable homes available to rent.  HB23-1190 provides an opportunity for local governments to include affordable housing within existing communities.

The bill creates a right of first refusal of a local government to
match an acceptable offer for the sale of a residential or mixed-use
multifamily property (property). The right to the purchase of the property
by the local government is subject to the local government's commitment
to using the property as long-term affordable housing. The local
government may assign its right of first refusal to the state, to any
political subdivisions, or to any housing authority in the state subject to
the limitation that the assignee make the same commitment to using the
property as long-term affordable housing.
The bill requires notices to be given by the seller to local
governments and by local governments to the seller and to residents of the
property. Upon receiving notice of intent to sell or of a potential sale of
property, a local government has 14 business days to preserve its right of
first refusal and an additional 90 business days to make an offer and must
agree to close on the property within 180 business days of the execution
of an agreement for the sale and purchase of the qualifying property.
The bill allows certain sales of property to be exempt from the
right of first refusal and the requirements established by the bill for the
right of first refusal. The bill also allows the local government to waive
its right of first refusal to purchase a property if the local government
elects to disclaim its rights to any proposed transaction or for any duration
of time or if there is a third-party buyer interested in purchasing the
property with the same commitment to preserving or converting the
property for long-term affordable housing and if the third-party buyer
enters into an agreement with the local government concerning the
third-party buyer's commitment to long-term affordable housing.
If the local government, its assignee, or a third-party buyer who
has committed to preserving or converting the property for long-term
affordable housing has acquired the property and maintained the property
for long-term affordable housing for 50 years, the property may be
converted to another use if the following conditions are met:
  • Notice is given to residents prior to the conversion;
  • Any displaced residents are provided with compensation
for relocation; and
  • The local government, its assignee, or a third-party buyer
who has committed to preserving or converting the
property for long-term affordable housing guarantees the
development or conversion of an equal or greater amount
of units within the boundaries of the local government for
long-term affordable housing and offers the units first to
any residents displaced by the conversion of the property.
The bill also provides that the attorney general's office has
responsibility to enforce the provisions of the bill and that the attorney
general's office, a local government, or a mission-driven organization has
standing to bring a civil action for violations of the bill.

• April 04, 2023: Senate Local Government & Housing Committee Report
• April 04, 2023: Senate Local Government & Housing Committee Report
• February 28, 2023: House Transportation, Housing & Local Government Committee Report
• February 28, 2023: House Transportation, Housing & Local Government Committee Report

Sections 1 and 4 of the bill clarify that money that was transferred
from the general fund or the affordable housing and home ownership cash
fund to the Colorado heritage communities fund on June 27, 2021, or as
soon as was practicable thereafter, must be expended before July 1, 2025.
Section 2 clarifies that money that was transferred from the
general fund to the housing development grant fund on June 27, 2021,
must be expended before July 1, 2025.
Section 3 clarifies that the division of housing may award multiple
grants to multiple grant recipients for multiple regional navigation
campuses in the Denver metropolitan area to respond to and prevent
homelessness.
Section 5 makes a conforming amendment.

• April 13, 2023: Senate Local Government & Housing Committee Report
• March 15, 2023: House Transportation, Housing & Local Government Committee Report
• March 15, 2023: House Transportation, Housing & Local Government Committee Report

The bill expands conditions covered under the warranty of
habitability for residential premises in relation to indoor air quality, water
quality, and other health and safety issues. The bill adds water damage,
fire damage, and damage due to a natural or an environmental event as
conditions under which a residential premises is deemed uninhabitable.
The bill requires a landlord to have a residential premises
inspected and tested by a certified industrial hygienist or an industrial
hygienist to determine if the premises is safe for habitability. The bill also
clarifies landlord responsibilities in remediating a residential premises to
a habitable standard and how a tenant must give notice to a landlord if
there are habitability issues with the tenant's residence.
The bill directs the executive director of the department of public
health and environment to establish health and safety standards for
habitability by January 1, 2026.
The bill prohibits a landlord from retaliating against a tenant for
making a good faith complaint about the conditions of the residential
premises and provides conditions by which a tenant may terminate a lease
if a habitability issue is not remediated.

• May 02, 2023: Senate Local Government & Housing Committee Report
• April 21, 2023: House Appropriations Committee Report
• April 11, 2023: House Transportation, Housing & Local Government Committee Report

Overview

Colorado has a severe housing shortage and housing affordability crisis that impacts the entire state. To address the housing affordability crisis, Colorado needs to increase and diversify its housing stock statewide. Currently, several local governments have laws that restrict the growth of residential housing. HB23-1255 prohibits local governments from enforcing or enacting local housing growth restrictions. In the event of a declared disaster emergency, the local government may enact a temporary growth restriction for no more than one year after the disaster declaration. On April 5, 2023, HB23-1255 passed in the House Transportation, Housing & Local Government Committee, as amended, on a vote of 9-2. An amendment clarifies the definition of anti-growth law to be “a land use law that explicitly limits the number of land use applications made to or accepted by a governmental entity, the number of building permits submitted to or issued by a governmental entity, or the allowable population growth for residential or mixed-use developments or residential construction projects for any period.”

Fiscal Impact

No appropriation is required for this bill. By restricting local governments from enacting or enforcing local housing growth limits, the bill is expected to increase local property and sales tax revenue on net, though impacts may vary across the state.

League Positions

The LWVCO supports policies to provide a decent home and a suitable living environment for every person and policies that provide equality of opportunity for education, employment, and housing for all persons. Additional LWVUS housing supply criteria include: (1) Regional and metropolitan planning should be promoted to prevent haphazard urban growth, and housing for low- and moderate-income families should be provided as a part of all planned neighborhoods or communities; (2) Lower income families should not be segregated in large developments or neighborhoods; and (3) Zoning practices and procedures that will counteract racial and economic isolation should be promoted. HB23-1255 is a Justice, Equity, Diversity, and Inclusion (JEDI) bill.

Supporting Information

Section 1 declarations in the bill state that:

(a) A RELIABLE PUBLIC POLICY ENVIRONMENT THAT SUPPORTS AN ADEQUATE AND AFFORDABLE HOUSING SUPPLY IS A MATTER OF STATEWIDE CONCERN, AND A HEALTHY SUPPLY OF HOUSING UNITS TO MATCH BOTH CURRENT DEMAND AND FUTURE DEMAND DRIVEN BY POPULATION GROWTH IS CRITICAL FOR JOB CREATION, HOUSING STABILITY, AFFORDABILITY, AND THE OVERALL ECONOMIC WELL-BEING OF ALL COLORADANS.

(b) THE LACK OF AFFORDABLE HOUSING IN COLORADO IS DIRECTLY ATTRIBUTABLE TO THE SCARCITY OF HOUSING UNITS.

(e) ANTI-GROWTH LAWS ENACTED BY LOCAL GOVERNMENTS SEVERELY UNDERMINE THE ABILITY TO CONSTRUCT THE ADDITIONAL HOUSING UNITS COLORADANS NEED.

(f) ANTI-GROWTH LAWS DO IRREPARABLE ECONOMIC HARM TO WORKING CLASS COLORADANS BY LIMITING THE HOUSING SUPPLY AND DRIVING UP HOUSING PRICES AND RENTS. FURTHERMORE, ANTI-GROWTH LAWS THREATEN THE LIVELIHOOD OF COLORADANS EMPLOYED IN CONSTRUCTION AND OTHER BUILDING TRADES AS WELL AS BUSINESSES ACROSS THE STATE THAT RELY ON THE COMMERCE ASSOCIATED WITH HOME BUILDING.

(g) UNIFORMITY IN LAND USE LAWS CONCERNING RESIDENTIAL GROWTH IS NECESSARY FOR EFFICIENT RESIDENTIAL DEVELOPMENT STATEWIDE AND FOR THE ENCOURAGEMENT OF CONSTRUCTION OF NEW HOUSING UNITS.

Analysis

Given that local anti-growth laws limit the production of housing and contribute to the scarcity of housing units and increased rent and for-sale home prices, League positions are in alignment with the statewide prohibition of local anti-growth laws. Anti-growth provisions are exclusionary, and scarcity and higher housing costs can result in housing cost-burdened households and discrimination against low- and moderate-income households, which disproportionately impacts people of color. There is a need for regulatory uniformity across the state to address our statewide housing crisis and to provide housing for a range of income levels. Under HB23-1255, local governments are not prevented from making decisions about specific developments or projects within their jurisdictions, and property owners are not required to build additional housing or new developments.

LWVCO Supports this bill.

Currently, several local governments have laws restricting the
growth of residential housing. The bill declares that the state has an
interest in encouraging housing growth statewide, preempts any existing
local housing growth restriction, and forbids the enactment or
enforcement of any future local housing growth restriction, unless the
local government has experienced a disaster emergency.

• May 02, 2023: Senate Local Government & Housing Committee Report
• April 05, 2023: House Transportation, Housing & Local Government Committee Report
• April 05, 2023: House Transportation, Housing & Local Government Committee Report

The bill creates a water testing program for mobile home parks
(parks). The testing program is developed and administered by the water
quality control division (division) in the department of public health and
environment (department). The bill also sets testing prioritization criteria
and testing standards. If the testing reveals a water quality issue, the
division will notify the following and include information about the test
results, recommended actions, remediation, and the grant program
established in the bill:
  • The park owner;
  • The county department of health or municipality where the
park is located;
  • The water supplier; and
  • The environmental justice ombudsperson (ombudsperson).
Upon receiving the notice, the park owner must:
  • Notify the park residents;
  • Comply with orders of the division;
  • Not impose the cost of compliance on park residents;
  • Within 90 days after receiving the notice, prepare and
submit to the division a remediation plan;
  • Complete the remediation plan based on a schedule
approved by the division; and
  • Consult with the division and provide an alternative water
supply or department-approved filters.
The division will coordinate with the division of housing in the
department of local affairs to identify potential money, including grant
money from the grant program created in the bill, to support park water
quality remediation.
The division will develop an action plan to address and improve
water quality in parks. Standards are established for the action plan,
including environmental justice principles, and the development of the
action plan.
The bill creates a grant program to help park owners and local
governments address water quality issues. The division will implement
and administer the grant program. The general assembly will annually
appropriate money to the department to fund the grant program.
The bill is enforced by the division, which may issue
cease-and-desist orders.
A violation of the bill is a violation of the Colorado Consumer
Protection Act, and the bill further establishes that:
  • If a park owner fails to develop a remediation plan or
implement the remediation plan, the park will be declared
a class 3 public nuisance, and the park owner must forfeit
the park;
  • A park owner that fails to register under the Mobile Home
Park Act Dispute Resolution and Enforcement Program
violates the Colorado Consumer Protection Act; and
  • A person may bring a civil action under the Mobile Home
Park Act.
A park that has been forfeited because it is a class 3 public
nuisance becomes the property of the county where the park is located,
and the county will continue to operate the park to provide affordable
housing for no fewer than 100 years. Penalties imposed under the
Colorado Consumer Protection Act are deposited in a fund to be used
to provide grants through the grant program and for the division to
administer and enforce the bill.
The ombudsperson is given the duty to represent park residents in
matters of water quality.
The bill adds water quality issues to the database created by the
Mobile Home Park Act Dispute Resolution and Enforcement Program,
which tracks complaints filed against parks.

• May 05, 2023: Senate Appropriations Committee Report
• May 04, 2023: Senate Finance Committee Report
• April 25, 2023: House Appropriations Committee Report
• April 17, 2023: House Finance Committee Report
• April 12, 2023: House Transportation, Housing & Local Government Committee Report

At the general election in 2022, voters approved proposition 123,
which created new affordable housing programs funded with income tax
revenue that the state is permitted to retain and spend as a voter-approved
revenue change. 60% of the dedicated revenue is allocated to the
affordable housing financing fund (financing fund) for 3 new affordable
housing programs. This money is continuously appropriated to the office
of economic development (office), which is required to give the money
to an administrator selected by the office to administer the programs. 40%
of the dedicated revenue is allocated to the affordable housing support
fund (support fund), which is continuously appropriated to the division
of housing for 3 other affordable housing programs, including the land
planning capacity development program.
Local governments that seek additional affordable housing funding
from these programs must commit to increasing the number of affordable
housing units within the local government by 3% annually and expedite
development approvals for affordable housing projects (conditions for
funding). The funding for the new affordable housing programs is
prohibited from supplanting existing state appropriations for affordable
housing programs (maintenance of effort requirement).

The bill modifies the affordable housing programs by:
  • Allowing tribal governments to participate in the programs,
subject to the same conditions for funding;
  • Requiring the division of local government, rather than the
division of housing, to administer the land planning
capacity development program and continuously
appropriating money in the support fund to the division of
local government for that purpose;
  • Allowing the office to use a portion of the money in the
financing fund for its administrative expenses, without
increasing the total amount of money from the fund that
may be used for administrative expenses;
  • Clarifying that, for the affordable housing programs
administered by the administrator, the area median income
and rent levels are designated for each rental unit instead of
being recalculated on a monthly basis and that the average
area median income calculation does not apply to the
modular and factory build manufacturer debt program;
  • Clarifying the description of how money is transferred or
allocated;
  • For purposes of the 3% growth obligation that is a
condition for funding, specifying that all units from
projects funded through certain affordable housing
programs are counted towards the obligation and allowing
local governments and tribal governments to enter into a
written agreement to divvy up the units that result from
collaborative agreements;
  • Establishing a process for rural resort communities to
petition the division of housing to use different percentages
of area median income than those percentages specified for
eligibility for certain affordable housing programs funded
through the financing fund;
  • Exempting money originally from the federal coronavirus
state fiscal recovery fund from the appropriations for fiscal
year 2022-23 that are used to determine the state's
maintenance of effort requirement; and
  • Requiring the office and the division of housing to provide
3 annual reports to legislative committees about the
affordable housing programs.

• May 02, 2023: Senate Local Government & Housing Committee Report
• April 25, 2023: House Transportation, Housing & Local Government Committee Report

The public-private collaboration unit (unit) in the department of
personnel (department) promotes the use of public-private partnerships
between state public entities such as departments, agencies, or
subdivisions of the executive branch of state government, and private
partners as a tool for time and cost-efficient completion of public
projects. The bill authorizes the unit to undertake additional functions in
connection with public projects that provide housing including:
  • Accepting gifts, grants, and donations, which if monetary,
are to be credited to the unused state-owned real property
fund (fund);
  • Utilizing proceeds from real estate transactions and
revenue from public-private agreements;
  • Acting as an agent on behalf of the department in real
estate transactions using real property that upon approval
by the governor has been deeded to the department by a
state public entity, including for the purchase, transfer,
exchange, sale and disposition, and lease of real property;
and
  • Establishing a process for using requests for information to
solicit public projects.
The bill also allows the department and the unit to use money from
the fund to facilitate these additional functions by the unit in connection
with public projects that provide housing and for the standard operating
expenses of the unit.

• April 25, 2023: House Appropriations Committee Report
• April 18, 2023: House Transportation, Housing & Local Government Committee Report
• April 06, 2023: Senate Appropriations Committee Report
• April 06, 2023: Senate Appropriations Committee Report
• January 24, 2023: L.001 Senate Local Government & Housing Committee
• January 24, 2023: Senate Local Government & Housing Committee Report
• January 24, 2023: Senate Local Government & Housing Committee Report

Under current law, the middle-income housing authority
(authority) has the power to make and enter into contracts or agreements
with public or private entities to facilitate public-private partnerships. The
bill clarifies this power of the authority to enter into public-private
partnerships by specifying that:
  • The affordable rental housing component of a
public-private partnership is exempt from state and local
taxation;
  • A public-private partnership may provide for the transfer of
the interest in an affordable rental housing project to an
entity other than the authority;
  • The authority may issue bonds to finance the affordable
rental housing component in a public-private partnership;
and
  • Bonds issued by the authority may be payable from the
revenue and assets of the affordable rental housing
component of a public-private partnership or solely from
the revenue or assets of the authority as current law
requires.
Additionally, the bill expands the board of directors of the
authority from 14 to 16 by adding 2 nonvoting members. The senate
majority leader and the house majority leader will each appoint a member
of the general assembly from their respective chambers to serve as the 2
new nonvoting members, unless the senate majority leader and the house
majority leader are from the same political party in which case the house
minority leader will appoint the member to the board of directors from the
house.

• April 26, 2023: Legislative Council Committee Report
• April 14, 2023: House Appropriations Committee Report
• March 29, 2023: House Transportation, Housing & Local Government Committee Report
• March 29, 2023: House Transportation, Housing & Local Government Committee Report
• February 17, 2023: Senate Appropriations Committee Report
• February 17, 2023: Senate Appropriations Committee Report
• January 26, 2023: L.001 Senate Local Government & Housing Committee
• January 26, 2023: Senate Local Government & Housing Committee Report
• January 26, 2023: Senate Local Government & Housing Committee Report

SB23 082 establishes the Colorado fostering success voucher program in the Department of Human Services (DHS).  The purpose of the program is to provide housing vouchers and case management services to eligible youth.
Case management services agencies are eligible to participate in the program if they are currently participating in a certain type of foster youth program.
    Eligibility criteria for youth include:
    *  Being at least 18 years of age but less than 26 years of age;
    *  Having had prior experience in one of several ways with the foster care or kinship
        care system;
    *  Experiencing homelessness or being imminent risk of homelessness and agreeing           to receive case management services;
    *  Being a Colorado resident; and
    *  Having an income level below that determined by the State Department of Local            Affairs (DOLA).

    DHS and DOLA shall develop a joint administration and implementation plan for the program.  Availability, standards, and services for the program are listed in the bill.

When child welfare cases are closed and out-of-home care has ended and they have no family to return to, the ultimate goal is to provide the child/youth, with a permanent home.  The Denver Post in an article updated in 2019, stated that over the previous 5 years, 1,513 young people ages 17-21 have emancipated from Colorado’s foster care system called “aging out” but Colorado allows foster youth to stay in the system until age 21 but only a fraction of foster teens are choosing to remain in the system past 18.

The LWVCO supports policies to provide a decent home and a suitable living environment for every person.  The LWVCO is fully committed to Justice, Equity, Diversity, and Inclusion (JEDI) to create a more perfect democracy.

The bill establishes the Colorado fostering success voucher
program (program) in the department of human services (DHS). The
purpose of the program is to provide housing vouchers and case
management services to eligible youth.
Case management service agencies are eligible to participate in the
program if they are currently participating in a certain type of foster youth
program.
Eligibility criteria for youth include:
  • Being at least 18 years of age but less than 26 years of age;
  • Having had prior experience in one of several ways with
the foster care or kinship care system;
  • Experiencing homelessness or being at imminent risk of
homelessness and agreeing to receive case management
services;
  • Being a Colorado resident; and
  • Having an income level below that determined by the state
department of local affairs (DOLA).
DHS and DOLA shall develop a joint administration and
implementation plan for the program. Availability, standards, and services
for the program are listed in the bill.

• April 21, 2023: House Appropriations Committee Report
• April 18, 2023: House Public & Behavioral Health & Human Services Committee Report
• April 06, 2023: Senate Appropriations Committee Report
• April 06, 2023: Senate Appropriations Committee Report
• February 09, 2023: Senate Health & Human Services Committee Report
• February 09, 2023: Senate Health & Human Services Committee Report

League position supports policies to provide a decent home and a suitable living environment for every person.

The cost of housing in Colorado has skyrocketed and renters are frequently spending a greater share of their income on housing. The housing market has not adjusted to these realities and many are denied housing because of rental screening criteria.

The following guardrails would help expanding access to housing:
-people with housing subsidy should no longer be disqualified based on amount of private income and
credit score as this vetting has already been done.
-renter would need to demonstrate earnings of at least 1.25x the cost of rent.
-ensure that fair housing violations can be raised as an affirmative defense to an eviction
-limit security deposit to one month’s rent and could be paid in monthly installments
-enter into rental agreement with the first applicant who applies and meets financial and other rental
screening criteria
-provide time-stamped receipts of application upon applicant request.

LWVCO is Monitoring this bill.

Section 1 of the bill restricts a landlord from considering or
inquiring about certain information relating to a prospective tenant's
rental history, amount of income, and credit history. Section 1 also
requires a landlord who solicits and accepts rental applications for the
rental of a residential premises to rent to the first prospective tenant who
applies and satisfies the landlord's financial and other rental screening
criteria. A landlord must keep records of when rental applications are
received and provide a time-stamped receipt to any prospective tenant
who submits a rental application and requests such a receipt.
Section 2 defines the terms amount of income and housing
subsidy for the purposes of the bill.
Section 3 states that a landlord who violates any of the bill's new
prohibitions is subject to an initial penalty of $50, to be paid to the
aggrieved party. A landlord who does not cure the violation is also subject
to a statutory penalty of $5,000, to be paid to the aggrieved party in
addition to the initial penalty and any economic damages, court costs, and
attorney fees.
Sections 1 and 4 establish that a violation of any of the bill's new
prohibitions is an unfair housing practice subject to enforcement by
private persons, the attorney general, and the Colorado civil rights
division.
Section 5 requires a landlord to allow a tenant to pay a security
deposit in monthly installments over a period that is equal to half the term
of the tenancy. Section 5 also prohibits a landlord from requiring a tenant
to submit a security deposit in an amount that exceeds the amount of one
monthly rent payment under the rental agreement.
Sections 6 and 7 establish that a tenant who alleges that the
tenant's landlord has violated or is in violation of any state laws
concerning unfair housing practices has an affirmative defense against an
eviction action.

• April 25, 2023: House Transportation, Housing & Local Government Committee Report
• April 11, 2023: Senate Local Government & Housing Committee Report

Housing needs planning. The executive director of the
department of local affairs (director) shall, no later than December 31,
2024, and every 5 years thereafter, issue methodology for developing
statewide, regional, and local housing needs assessments. The statewide
housing needs assessment must determine existing statewide housing
stock and current and future housing needs. The regional housing needs
assessments must allocate the addressing of housing needs identified in
the statewide housing needs assessment to regions of the state. Similarly,
the local housing needs assessments must allocate the addressing of the
housing needs allocated in the regional housing needs assessment to
localities in the relevant region.
The director shall, no later than December 31, 2024, issue
guidance on creating a housing needs plan for both a rural resort job
center municipality and an urban municipality. Following this guidance,
no later than December 31, 2026, and every 5 years thereafter, a rural
resort job center municipality and an urban municipality shall develop a
housing needs plan and submit that plan to the department of local affairs
(department). A housing needs plan must include, among other things,
descriptions of how the plan was created, how the municipality will
address the housing needs it was assigned in the local housing needs
assessment, affordability strategies the municipality has selected to
address its local housing needs assessment, an assessment of
displacement risk and any strategies selected to address identified risks,
and how the locality will comply with other housing requirements in this
bill.
The director shall, no later than December 31, 2024, develop and
publish a menu of affordability strategies to address housing production,
preservation, and affordability. Rural resort job center municipalities and
urban municipalities shall identify at least 2 of these strategies that they
intend to implement in their housing plan, and urban municipalities with
a transit-oriented area must identify at least 3.
The director shall, no later than December 31, 2024, develop and
publish a menu of displacement mitigation measures. This menu must,
among other things, provide guidance for how to identify areas at the
highest risk for displacement and identify displacement mitigation
measures that a locality may adopt. An urban municipality must identify
which of these measures it intends to implement in its housing plan to
address any areas it identifies as at an elevated risk for displacement.
The director shall, no later than March 31, 2024, publish a report
that identifies strategic growth objectives that will incentivize growth in
transit-oriented areas and infill areas and guide growth at the edges of
urban areas. The multi-agency advisory committee shall, no later than
March 31, 2024, submit a report to the general assembly concerning the
strategic growth objectives.
The bill establishes a multi-agency advisory committee and
requires that committee to conduct a public comment and hearing process
on and provide recommendations to the director on:
  • Methodologies for developing statewide, regional, and
local housing needs assessments;
  • Guidance for creating housing needs plans;
  • Developing a menu of affordability strategies;
  • Developing a menu of displacement mitigation measures;
  • Identifying strategic growth objectives; and
  • Developing reporting guidance and templates.
A county or municipality within a rural resort region shall
participate in a regional housing needs planning process. This process
must encourage participating counties and municipalities to identify
strategies that, either individually or through intergovernmental
agreements, address the housing needs assigned to them. A report on this
process must be submitted to the department. Further, within 6 months of
completing this process, a rural resort job center municipality shall submit
a local housing needs plan to the department. Once a year, both rural
resort job centers and urban municipalities shall report to the department
on certain housing data.
A multi-agency group created in the bill and the division of local
government within the department shall provide assistance to localities
in complying with the requirements of this bill. This assistance must
include technical assistance and a grant program.
Accessory dwelling units. The director shall promulgate an
accessory dwelling unit model code that, among other things, requires
accessory dwelling units to be allowed as a use by right in any part of a
municipality where the municipality allows single-unit detached
dwellings as a use by right. The committee shall provide
recommendations to the director for promulgating this model code. In
developing these recommendations, the committee shall conduct a public
comment and hearing process.
Even if a municipality does not adopt the accessory dwelling unit
model code, the municipality shall adhere to accessory dwelling unit
minimum standards established in the bill and by the department. These
minimum standards, among other things, must require a municipality to:
  • Allow accessory dwelling units as a use by right in any part
of the municipality where the municipality allows
single-unit detached dwellings as a use by right;
  • Only adopt or enforce local laws concerning accessory
dwelling units that use objective standards and procedures;
  • Not adopt, enact, or enforce local laws concerning
accessory dwelling units that are more restrictive than local
laws concerning single-unit detached dwellings; and
  • Not apply standards that make the permitting, siting, or
construction of accessory dwelling units infeasible.
Middle housing. The director shall promulgate a middle housing
model code that, among other things, requires middle housing to be
allowed as a use by right in any part of a rural resort job center
municipality or a tier one urban municipality where the municipality
allows single-unit detached dwellings as a use by right. The committee
shall provide recommendations to the director for promulgating this
model code. In developing these recommendations, the committee shall
conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the middle housing model code, the
municipality shall adhere to middle housing minimum standards
established in the bill and by the department. These minimum standards,
among other things, must require a municipality to:
  • Allow middle housing as a use by right in certain areas;
  • Only adopt or enforce local laws concerning middle
housing that use objective standards and procedures;
  • Allow properties on which middle housing is allowed to be
split by right using objective standards and procedures;
  • Not adopt, enact, or enforce local laws concerning middle
housing that are more restrictive than local laws concerning
single-unit detached dwellings; and
  • Not apply standards that make the permitting, siting, or
construction of middle housing infeasible.
Transit-oriented areas. The director shall promulgate a
transit-oriented area model code that, among other things, imposes
minimum residential density limits for multifamily residential housing
and mixed-income multifamily residential housing and allows these
developments as a use by right in the transit-oriented areas of tier one
urban municipalities. The committee shall provide recommendations to
the director for promulgating this model code. In developing these
recommendations, the committee shall conduct a public comment and
hearing process.
Even if a tier one urban municipality does not adopt the
transit-oriented model code, the municipality shall adhere to middle
housing minimum standards established in the bill and by the department.
These minimum standards, among other things, must require a
municipality to:
  • Create a zoning district within a transit-oriented area in
which multifamily housing meets a minimum residential
density limit and is allowed as a use by right; and
  • Not apply standards that make the permitting, siting, or
construction of multifamily housing in transit-oriented
areas infeasible.
Key corridors. The director shall promulgate a key corridor model
code that applies to key corridors in rural resort job center municipalities
and tier one urban municipalities. The model code must, among other
things, include requirements for:
  • The percentage of units in mixed-income multifamily
residential housing that must be reserved for low- and
moderate-income households;
  • Minimum residential density limits for multifamily
residential housing; and
  • Mixed-income multifamily residential housing that must be
allowed as a use by right in key corridors.
The committee shall provide recommendations to the director for
promulgating this model code. In developing these recommendations, the
committee shall conduct a public comment and hearing process.
Even if a rural resort job center municipality or a tier one urban
municipality does not adopt the key corridor model code, the municipality
shall adhere to key corridor minimum standards promulgated by the
director and developed by the department. These minimum standards,
among other things, must identify a net residential zoning capacity for a
municipality and must require a municipality to:
  • Allow multifamily residential housing within key corridors
that meets the net residential zoning capacity as a use by
right;
  • Not apply standards that make the permitting, siting, or
construction of multifamily housing in certain areas
infeasible; and
  • Not adopt, enact, or enforce local laws that make satisfying
the required minimum residential density limits infeasible.
The committee shall provide recommendations to the director on
promulgating these minimum standards. In developing these
recommendations, the committee shall conduct a public comment and
hearing process.
Adoption of model codes and minimum standards. A relevant
municipality shall adopt either the model code or local laws that satisfy
the minimum standards concerning accessory dwelling units, middle
housing, transit-oriented areas, and key corridors. Furthermore, a
municipality shall submit a report to the department demonstrating that
it has done so. If a municipality fails to adopt either the model code or
local laws that satisfy the minimum standards by a specified deadline, the
relevant model code immediately goes into effect, and municipalities
shall then approve any proposed projects that meet the standards in the
model code using objective procedures. However, a municipality may
apply to the department for a deadline extension for a deficiency in water
or wastewater infrastructure or supply.
Additional provisions. The bill also:
  • Requires the advisory committee on factory-built structures
and tiny homes to produce a report on the opportunities and
barriers in state law concerning the building of
manufactured homes, mobile homes, and tiny homes;
  • Removes the requirements that manufacturers of
factory-built structures comply with escrow requirements
of down payments and provide a letter of credit, certificate
of deposit issued by a licensed financial institution, or
surety bond issued by an authorized insurer;
  • Prohibits a planned unit development resolution or
ordinance for a planned unit with a residential use from
restricting accessory dwelling units, middle housing,
housing in transit-oriented areas, or housing in key
corridors in a way not allowed by this bill;
  • Prohibits a local government from enacting or enforcing
residential occupancy limits that differ based on the
relationships of the occupants of a dwelling;
  • Modifies the content requirements for a county and
municipal master plan, requires counties and municipalities
to adopt or amend master plans as part of an inclusive
process, and requires counties and municipalities to submit
master plans to the department;
  • Allows a municipality to sell and dispose of real property
and public buildings for the purpose of providing property
to be used as affordable housing, without requiring the sale
to be submitted to the voters of the municipality;
  • Requires the approval process for manufactured and
modular homes to be based on objective standards and
administrative review equivalent to the approval process
for site-built homes;
  • Prohibits a municipality from imposing more restrictive
standards on manufactured and modular homes than the
municipality imposes on site-built homes;
  • Prohibits certain municipalities from imposing minimum
square footage requirements for residential units in the
approval of residential dwelling unit construction permits;
  • Requires certain entities to submit to the Colorado water
conservation board (board) a completed and validated
water loss audit report pursuant to guidelines that the board
shall adopt;
  • Allows the board to make grants from the water efficiency
grant program cash fund to provide water loss audit report
validation assistance to covered entities;
  • Allows the board and the Colorado water resources and
power development authority to consider whether an entity
has submitted a required audit report in deciding whether
to release financial assistance to the entity for the
construction of a water diversion, storage, conveyance,
water treatment, or wastewater treatment facility;
  • Prohibits a unit owners' association from restricting
accessory dwelling units, middle housing, housing in
transit-oriented areas, or housing in key corridors;
  • Requires the department of transportation to ensure that the
prioritization criteria for any grant program administered
by the department are consistent with state strategic growth
objectives, so long as doing so does not violate federal law;
  • Requires any regional transportation plan that is created or
updated to address and ensure consistency with state
strategic growth objectives;
  • Requires that expenditures for local and state multimodal
projects from the multimodal transportation options fund
are only to be made for multimodal projects that the
department determines are consistent with state strategic
growth objectives; and
  • For state fiscal year 2023-24, appropriates $15,000,000
from the general fund to the housing plans assistance fund
and makes the department responsible for the accounting
related to the appropriation.
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• May 04, 2023: House Appropriations Committee Report
• May 02, 2023: House Transportation, Housing & Local Government Committee Report
• April 26, 2023: Senate Appropriations Committee Report
• April 18, 2023: Senate Local Government & Housing Committee Report