Affordable Housing
In This Section
HB24-1175: Local Government Rights to Property for Affordable Housing
In 2024, the General Assembly approved HB24-1175, which granted local governments a “right of first
refusal” (ROFR) and a “right of first offer” (ROFO) with respect to certain types of multifamily rental properties for local governments through 2029. The law gives local governments a tool to create and preserve affordable housing,
either independently or in partnership with housing authorities. Properties acquired through the statute must maintain certain levels of affordability and rent stability for at least 40 years. Local governments can waive either right, either generally
or for a specific property.
Resolution establishing processes
Assignment of rights:
Assignment for ROFR
Assignment for ROFO
City & County of Broomfield Intergovernmental Agreement
Waiver of rights:
Blanket waiver for ROFR
Blanket waiver for ROFO
Blanket waiver for ROFR and ROFO
Certificate of Compliance
Certificate for ROFR
Certificate for ROFO
CML Policy Statement on Affordable Housing
The availability and affordability of housing is of utmost concern to Colorado’s municipalities. CML supports an adequate supply of diverse housing options, regardless of income level, and continued support from state and local governments, as well as private partnerships, for such an effort. CML is opposed to state preemption of local authority to adopt and enforce zoning and land use ordinances and any interference with home rule authority granted by Art. XX, S. 6 of the Colorado Constitution.
The State of Housing
On Jan. 17, Gov. Jared Polis gave the first State of the State address for his second term. In his speech, the governor spoke about public safety, education, water, and most notably affordable housing. He devoted much of his speech to the affordable housing crisis in the state. Many of his proposals, however, included preemption of local authority. The governor touted his policies as expanding private property rights, stating, “We have to break down government barriers, expand private property rights, and reduce regulations to actually construct more housing to provide housing options at a lower cost so that all Coloradans can thrive.”
While the speech was light on the details of his plan to create more housing, CML staff anticipates the governor’s policy package to focus on adding more units into the market through preemption of local zoning and land use ordinances, paving the way for developers to have a greater say in how communities are developed. Notably, the governor did not say anything about whether new housing would be required to be affordable or if it would be market-based.
The governor stated, “… we need more flexible zoning to allow more housing, streamlined regulations that cut through red tape, expedited approval processes for projects like modular housing, sustainable development, and more building in transit-oriented communities.” The governor did not elaborate, but the intent is clearly to supplant local policies and ordinances with one-size-fits-all state preemptions.
Legislation has not yet been drafted, but CML staff is aware of efforts supported by Gov. Polis for legislation to enhance private property rights through the “use by right” of accessory dwelling units, duplexes, and triplexes for all parcels zoned as single family residential in urban areas. This effectively prohibits local governments from having input in where these types of units are built in their jurisdictions.
CML staff will continue to monitor potential legislation and provide information as it becomes available. Regardless of anything in the State of the State speech, legislation impacting local control will be won or lost in the House and Senate. Municipal officials should start reaching out to members of the House and Senate now to let them know what your communities are doing and how the state can be a partner, not an adversary, in supporting local efforts to increase affordable housing.
Housing-related Bills
HB23-1068: Pet Animal Ownership in Housing | Oppose
SB23-001: Authority of Public-private Collaboration Unit for Housing | Support
SB23-035: Middle-income Housing Authority Act | Support
Click here to view the full list of support and oppose bills.
Please contact CML Legislative and Policy Advocate Meghan MacKillop with questions.
Affordable Housing Resources
ARPA Funding Grant Programs
The Department of Local Affairs has compiled a comprehensive list of state and federal funding opportunities for municipalities. The recovery category specific to housing may be found by clicking here. For additional questions, please contact Meghan MacKillop.
2023 State of Our Cities & Towns Report
Colorado cities and towns recognize that they play a key role in promoting affordable housing. CML's 2023 State of Our Cities and Towns Report finds that over 40% of respondents, representing almost three-quarters (72%) of the municipal population covered by the survey, are promoting affordable housing through a range of measures including:
- permitting accessory dwelling units;
- allowing increased density;
- offering waivers for lot size and building height restrictions;
- reducing review fees, tap fees, and/or impact fees;
- using public land for affordable housing; and
- collaborating with counties, housing authorities, and other local governments on workforce housing, senior housing, and permanent housing for individuals experiencing homelessness.
In addition, in the past two years, over 20 municipalities have successfully passed tax and bond issues to fund affordable housing programs and projects.
Learn more about what CML members are doing to address housing affordability and supply in ways that make sense for their regions through collaboration and a commitment to the communities:
CML Housing Resource
Explore a library of training materials, sample codes and plans, and other housing-related resources here.