In our December 2022 Otten Johnson Alert, we reported that the City of Denver planned to evaluate buildings in the downtown area that might be suitable for converting potentially underused office space to much needed residential space. The City recently completed its study, identifying a total of twenty-two buildings that it considered good
Commercial Real Estate
Property Taxes and Unusual Conditions
In October of 2022, the Colorado Court of Appeals, Division VII rendered an opinion in MLS Properties LLC v. Weld County Board of Equalization. While this case is the first to reach the Colorado Court of Appeals, there were, at the time, twelve similar claims pending throughout Colorado. In these cases, the most notable issue was how to interpret C.R.S. 39-1-104(11)(b)(I), which allows a taxpayer to have their property revalued by the county assessor to account for “unusual conditions” (the “Unusual Conditions Statute”).Continue Reading Property Taxes and Unusual Conditions
Navigating Denver’s Natural Gas Restrictions
In November 2022, Denver City Council passed the “Energize Denver” ordinance, which established a phased rollout of restrictions on the installation and replacement of natural gas appliances in commercial buildings and multi-family housing structures in favor of electric alternatives. The ordinance does not require building owners to replace any existing functional gas appliances, but owners and developers will need to pay close attention to additional electrification requirements in the Denver building code as they take effect over the next 5 years. Below is a brief overview of when and how some of these restrictions will apply to current buildings and future construction. Click here for the full language of the ordinance.Continue Reading Navigating Denver’s Natural Gas Restrictions
Wage Theft Ordinance Passes in Denver
On Monday, January 9th, 2023, the Denver City Council voted to pass a new wage theft ordinance, which provides greater authority to the City Auditor’s Office to ensure employees are paid their promised wages. Denver’s existing minimum wage ordinance continues to allow employees to file complaints to the City Auditor’s Office (the “City Auditor”) and provides employees with a right of private action to recover unpaid wages plus interest. The new wage theft ordinance establishes a civil violation for wage theft violations whereby employees can submit complaints to the City Auditor and the City Auditor will pursue the complaint and seek restitution on the employee’s behalf. …
Continue Reading Wage Theft Ordinance Passes in Denver
Affordable Housing in Denver’s Capitol Hill Neighborhood
In October 2022, I participated in an Urban Land Institute Colorado walking tour in Denver’s Capitol Hill neighborhood exploring different types of affordable housing.
The Capitol Hill neighborhood is interesting to me because it is made up of so many types of housing in close proximity to one another: multimillion dollar homes, duplexes, small and large apartment buildings, condominiums, and rowhomes. Very few historic neighborhoods offer a melting pot of housing options like Capitol Hill.Continue Reading Affordable Housing in Denver’s Capitol Hill Neighborhood