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
Residential
Denver’s City Council Extends Deadline Requirements for Developers While New Denver Mayor Pledges to Push for Affordable Housing
By Chelsea Marx on
As we originally reported in our June 2022 Otten Johnson Alert, in June of 2022 Denver’s City Council passed a number of amendments to the municipal and zoning codes in an effort to expand affordable housing in the City. Denver’s Expanded Housing Affordability policy (the “EHA Policy”) included a period of time under which existing development projects could continue through the approval process under the prior regulations. On May 22, 2023, Denver’s City Council passed two bills extending certain approval process deadlines. While the concept plan submission deadline remains unchanged (June 30, 2022), the site development plan (“SDP”) approval process dates for projects to be evaluated under the prior regulations have been adjusted as follows:…
Colorado House Passes, Senate Considers Repeal of Rent Control Prohibition
By David Brewster on
February and March were active months for the Colorado House of Representatives with respect to attempted reforms of current landlord/tenant laws in Colorado. In addition to proposed major overhauls to Colorado statutory eviction procedures (House Bill 23-1171), on February 27th the House passed House Bill 23-1115, which proposes repealing the current statewide ban on local government rent control measures.
Under current state law, counties and municipalities are expressly prohibited from enacting any ordinance or resolution controlling rent on private residential property or individual private residential housing units (C.R.S. § 38-12-301). In addition to repealing that prohibition, HB 23-1115 proposes a conforming amendment placing specific requirements on future local government rent control measures.…
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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.…
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A New Federal Ruling Outlines Limits to Short Term Rental Regulation
By Mike Davidson on
A new ruling out of the Fifth Circuit is likely to have significant impacts on the ways that municipalities may regulate short term rental properties (“STR’s”). In Hignell-Stark v. City of New Orleans, 46 F.4th 317 (5th Cir. 2022), the court reviewed a New Orleans ordinance which limited the right to use a residence as an STR to only people whose primary residence was in New Orleans.…
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