In This Section

Last Updated : December 16, 2019

Bill :

Sponsors:

  • Senator Robert Rodriguez Democrat District 32
  • Representative Susan Lontine Democrat District 1
  • Representative Serena Gonzales-Gutierrez Democrat District 4
  • Senator Julie Gonzales Democrat District 34

Status: Not yet introduced

CML Position: Support

Lobbyist: Meghan Dollar

affordable-housing
In 1981, the General Assembly enacted legislation that prohibits counties and municipalities from enacting any ordinance “that would control rent on private residential property or a private residential housing unit.” In 2000, the Colorado Supreme Court prohibited the application of local land use authority for inclusionary zoning for new rental housing development, citing that requiring a set aside for affordable units by the Town of Telluride was a form of “rent control,” which is prohibited the 1981 state law. Subsequent legislation initiated by CML in 2010 created an exception for new rental developments when developers voluntarily agree to inclusionary zoning, but such voluntary agreements are rare. CML is running initiated legislation to correct the statutes to clarify that inclusionary zoning for new rental housing developments is not a form of rent control otherwise prohibited by state law and effectively overturn the Telluride decision. This is a step forward to provide a necessary tool to local governments in order to expand the supply of affordable housing. CML expects to have the draft bill finalized in the coming week.