For the second time in a month, Denver made headlines for filing felony charges against a short-term rental “host.”  In both cases, the accused had executed a notarized affidavit confirming that the property served as the host’s primary residence, which is a requirement under Denver’s short-term rental regulations.  The charges resulted from investigations by the City, including internet research and property visits, following complaints from neighbors that the hosts didn’t actually live on site.

On Friday, the U.S. Supreme Court issued its opinion in Knick v. Township of Scott, in which the Court ruled that a plaintiff in a takings claim need not first exhaust state-court remedies before bringing the claim before a federal court.  The decision, addressing a largely procedural matter, is expected to lead to an increase in federal court litigation involving takings issues, and likely increases the chances that local governments may be required to compensate landowners where regulation devalues private property. Continue Reading Supreme Court Rules That Takings Claims Can Be Brought In Federal Court, Reversing 30-Year-Old Precedent

This post follows up two earlier posts about a citizen initiative to limit residential growth in Lakewood, Colorado.  Details about the proposal can be found here.

On Monday night, the Lakewood City Council voted 10‑0 to call a special municipal election for July 2 to allow voters to decide whether to impose a 1% growth cap for new dwelling units in Colorado’s fifth largest city.

The Strategic Growth Initiative has been a focal point of local politics and the subject of a high‑profile lawsuit for almost two years.  The proponents originally submitted their petition to the city clerk in July 2017. The city clerk verified the petition signatures shortly after, but Steve Dorman, a conservative activist in Lakewood, challenged the signatures on technical grounds. Following a two‑day administrative hearing, the city clerk found in favor of the petitioners, clearing the initiative for the November 2017 ballot.

Dorman then challenged the clerk’s findings in district court under Colorado Rule of Civil Procedure 106(a)(4).  Judge Diego Hunt finally dismissed the last of Dorman’s claims last December.  Dorman appealed the district court’s ruling to the Colorado Court of Appeals, which would have delayed the vote while the appellate court considered the case.  But in February, City Council amended Lakewood’s municipal charter to allow the initiative to proceed notwithstanding the pending appeal.

The question now shifts from the courts and City Council to Lakewood voters, who must decide whether limiting residential growth will deliver the myriad benefits that its proponents tout.

This week, the City and County of Denver revoked a short-term rental license for the first time, after a hearing before the Department of Excise and Licenses revolving around whether the host actually did meet the “primary residence” requirement.  This action comes just before the new rules for short-term rentals, covered in an earlier blog post, take effect on April 10.  Among other things, those rules give Denver broader rights to revoke or deny short-term rental licenses for “good cause.”

With the 72nd General Assembly in full swing at the state capitol, we’ve selected ten bills (out of 261 proposed, as of January 27) that may be of interest to property owners and real estate developers.  They run the gamut from landlord-tenant law to campaign finance, special districts, and reform to the state’s conservation easement program. Continue Reading 2019 Colorado Legislative Update