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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:Continue Reading Denver’s City Council Extends Deadline Requirements for Developers While New Denver Mayor Pledges to Push for Affordable Housing

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.Continue Reading Colorado House Passes, Senate Considers Repeal of Rent Control Prohibition

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

Chaffee Park may become the first Denver neighborhood to be entirely rezoned for the sole purpose of allowing accessory dwelling units (ADUs) on all residential lots of at least 4,500 square feet.  The Denver Planning Board unanimously approved the community-generated proposal on September 16, 2020, and the rezoning proposal now awaits City Council review and adoption.  The proposed zone districts are the same as the current districts except that they allow the ADU use, either within the primary structure or in a detached structure.  The Chaffee Park neighborhood extends generally from 48th Avenue on the south to 52nd Avenue on the north, and from Federal Boulevard on the west to Kalamath Street on the east.
Continue Reading Chaffee Park Proposed Rezoning