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.Continue Reading A New Federal Ruling Outlines Limits to Short Term Rental Regulation
Lakewood Voters Pass Strategic Growth Initiative
This post was authored by Alexandra Haggarty. Alex is a summer clerk at Otten Johnson, and a rising 3L at the University of Colorado Law School.
This post is an update on three earlier posts about a citizen initiative to limit residential growth in Lakewood, Colorado.
With a near 53 percent majority, voters in the City of Lakewood approved Ballot Question 200, capping growth of residential unit construction by one percent annually and requiring city council approval of projects with forty or more units. The city joins Boulder and neighboring Golden in responding to Colorado’s population growth by capping development.
Proponents of the initiative argue that it will preserve Lakewood’s culture and environment. Specifically, the initiative was pitched as a way to preserve open space, protect single-family development, ensure that infrastructure and services are not overburdened, and curb alleged problems of unmanaged growth, such as crime and urban decay.
Continue Reading Lakewood Voters Pass Strategic Growth Initiative
Update: Construction Defects Reform Bill Passes, Is Signed by Governor
Late last month, we told you about an important bill introduced in the Colorado General Assembly. The bill had passed in the Colorado House of Representatives, and was headed for the Senate. It was drafted to address the sharp decrease in condominium construction in this state, caused by developers’ fear of construction defect claims brought
Colorado Rain Barrel Bill Clears Final Hurdle
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
Denver Short-Term Rental Update
In a three-hour public meeting last night, the Denver Planning Commission heard public comments from supporters and opponents of the City’s proposed zoning regulations for short-term rentals.
Continue Reading Denver Short-Term Rental Update