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State Land Use Enacted Legislation

Bill # State Year Party Topic

HB 1117

CO 2021 D Affordable housing incentives and financing, Density bonus, Density Increases, Lands near transit, Minimum parking requirements

Provided by Furman

Summary

  • Clarifies that cities and counties already have the authority to plan for and regulate land use in ways that promote the construction of new affordable housing. The state’s rent control law does not apply to local land-use regulations that limit rents on newly constructed or redeveloped housing, as long as those regulations give property owners or developers a choice of options and include one or more alternatives to building new affordable units on the site.
  • States that the act does not authorize a local government to adopt or enforce any ordinance or regulation that would effectively control rents on existing private residential housing in violation of the state’s existing prohibition on rent control.
  • Prohibits a local government from exercising this new regulatory authority unless, at the time it enacts a land use regulation for that purpose, the local government demonstrates that it has taken one or more specified actions to increase the overall number and density of housing units within its jurisdictional boundaries or to promote or create incentives for the construction of affordable housing units. Requires the Department of Local Affairs to offer guidance to assist local governments with implementation.

Provided by lawmakers

Bill Title

Local Government Authority Promote Affordable Housing Units

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