HB20-1351 Summary

• Clarifies that local governments (cities and counties) have existing authority to regulate development and redevelopment to promote construction of new affordable housing units.

• Exempts land use regulations promoting affordable housing from Colorado's rent control statute (section 38-12-301) when the regulation provides property owners or developers with a choice of options and creates alternatives to on-site affordable housing construction.

• Responds to the 2000 Colorado Supreme Court decision in Town of Telluride v. Lot Thirty-Four Venture LLC that struck down Telluride's affordable housing ordinance as violating state rent control laws.

• Preserves existing voluntary agreements for affordable housing and land use regulations adopted before the act's effective date that meet the bill's requirements.

• Takes effect September 1, 2020, subject to referendum petition; if petitioned, effectiveness depends on voter approval at the November 2020 general election.