This post was authored by Otten Johnson summer law clerk Alex Gano.  Alex is a third-year law student at the University of Colorado Law School.

On July 12, Denver Mayor Michael Hancock and Councilwoman Robin Kniech announced the final details of their plan to create the City’s first “dedicated funding stream” for affordable housing.  The Office of Economic Development estimates that two sources of revenue will generate a minimum of $150 million over the next ten years, which the City will invest in at least 6,000 new and existing affordable housing units.  Continue Reading Denver’s Proposed “Permanent Affordable Housing Fund”: What to Expect

In a recent decision, the Colorado Court of Appeals upheld a Nebraska choice of law provision found in a promissory note.   The dispute centered around which state’s statute of limitations should apply to a collection action on the promissory note.  Colorado’s statute of limitations for actions to collect on a promissory note is six years; Nebraska’s is only five years.  Because the plaintiff filed the lawsuit approximately five and a half years after the borrower had defaulted, the resolution of the choice of law issue would decide the case. Continue Reading Enforceability of Choice of Law Provisions

Last night, Denver’s City Council passed the short-term rental regulations recommended by the Planning Commission to the second reading, despite opposition from short-term rental platforms, such as HomeAway, and industry leaders regarding the “primary dwelling unit” requirement. City Council also voted down amendments to the proposed regulations submitted by two City Councilmembers. The second reading and public hearing is scheduled for June 13.

Update: City Council passed the proposed regulations at the June 13 hearing. Our recent client alert provides more information on the approved short-term rental regulations and other factors to consider prior to renting your home.

Recently, the National Multifamily Housing Council and the National Apartment Association published a white paper that reviewed the recent Guidance of the U.S. Department of Housing and Urban Development’s (“HUD”) relating to landlords screening tenants for criminal convictions and proposed “best practices” relating to such screening. Continue Reading Criminal Background Checks for Tenants

While negotiations on construction defect legislation reform came to a halt in the Colorado Legislature last Thursday, a package of three bills aimed at increasing affordable housing in Colorado moved forward at the State Capital on May 5, 2016. Continue Reading Affordable Housing Legislation Advances at State Capital