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On Thursday, May 05, 2016 negotiations for a construction-defects reform package broke down, making it unlikely that a bill will even get introduced this year. While Denver and several other Colorado communities have passed their own ordinances, without a state-wide legislative change, the shortage of affordable housing in Denver and elsewhere in Colorado is likely to continue, as many developers are unwilling to risk such ordinances being overturned.
Continue Reading Fourth Time Not the Charm: 2016 Construction Defect Legislation Reform Unlikely

The proposed regulations spearheaded by Councilwoman Mary Beth Susman and recommended by Denver’s Planning Commission last month may not have a clear path to approval by City Council. As discussed in a prior post, the proposed zoning regulations for short-term rentals, drafted after much consideration in public presentations and town hall meetings earlier this year, would permit properly licensed short-term rentals city-wide, subject to certain limitations. One of those limitations, which require the short-term rental unit to be the host’s primary residence, received significant push-back from several Denver residents who currently rent homes other than their primary residence on hosting websites such as Airbnb and VRBO.
Continue Reading Two Denver City Councilmembers Propose Alternative Short-Term Rental Regulations

In a case that has been percolating for over 14 years, the federal Second Circuit Court of Appeals concluded last month that the Village of Garden City, New York engaged in racial discrimination in violation of the federal Fair Housing Act (FHA) as a result of unlawful zoning practices.  The Second Circuit’s decision came in…

A Bill allowing for limited residential collection of rain water cleared its final hurdle on Friday, April 1, 2016, when it was approved by a majority of the State Senate. HB16-1005, commonly referred to as the “Rain Barrel Bill”, stalled several times in the State House before eventually making its way through the Senate. Governor Hickenlooper will now sign the Rain Barrel Bill into law and it will take effect August 10, 2016.
Continue Reading Colorado Rain Barrel Bill Clears Final Hurdle

In Ave. 6E Invs., LLC v. City of Yuma, decided last week, the Ninth Circuit considered whether a local government’s refusal to grant a rezoning request that would have allowed higher-density residential development violated the Fair Housing Act (FHA).  This case is one of the most significant cases since last summer’s Supreme Court decision in Texas Department of Housing and Community Affairs v. Inclusive Communities Project to address issues of disparate impact and discriminatory intent under the FHA.
Continue Reading Ninth Circuit: Local Government’s Denial of Rezoning May Violate Fair Housing Act