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Denver City Council Approves Extension to Exemption Deadlines Under EHA

The City of Denver adopted changes to its Expanding Housing Affordability (EHA) ordinances that extend the deadlines to receive final site development plan (SDP) approval in order to qualify for exemption from the EHA...more

Colorado Enacts Local Right of First Refusal Housing Policy

Legislature Gives Local Governments Right of First Refusal on Affordable Housing and Right of First Offer on Certain Market Rate Multifamily Properties - On the final day of the legislative session, the state legislature...more

Denver’s Affordable Housing Prioritization Policy: What Is It and Where Does It Apply?

Following the City and County of Denver’s (“City”) establishment of the Expanding Housing Affordability Ordinance (“EHA”), the City’s Department of Housing Stability (“HOST”) proposed a new policy focused on challenging...more

FCC Asserts Jurisdiction Over Property Owners to Enforce Ban on Digital Discrimination

As part of the massive 2021 Infrastructure Investment and Jobs Act (IIJA), Congress directed the Federal Communications Commission (FCC) to issue rules facilitating consumers’ “equal access” to broadband internet access...more

Energy Mandates Could Squelch Colorado’s Already-Struggling Real Estate Industry

Commercial and multifamily residential property owners throughout Colorado will have to contend with aggressive new energy reduction mandates—and the onerous costs and deadlines that come with them....more

Colorado Bill Adds New Rental Agreement Prohibitions Effective Aug. 7

A bill adding to the list of prohibited provisions in rental agreements recently became law in Colorado. Although the state already had rules in place for what can appear in rental agreements, HB 23-1095 adds prohibitions...more

Ban on Local Anti-Growth Restrictions Passed by Colorado State Legislature

The Colorado state legislature recently approved a bill that would prohibit “governmental entities” from enforcing existing or enacting new local anti-growth laws that would limit housing supply, development applications or...more

Denver CPD Proposes Extension to Exemption Deadlines Under EHA

The City of Denver is considering changes to its Expanding Housing Affordability (EHA) ordinances that would extend the deadlines to receive final SDP approval in order to qualify for exemption from the EHA requirements. On...more

Proposal to Eliminate Rent Control Prohibition Gains Traction

On Monday, Jan. 23, 2023, 24 Democrats in the Colorado state legislature introduced House Bill 23-1115 that, if passed into law, would eliminate the state’s statutory prohibition on rent control. Newly elected Reps. Javier...more

City of Denver Proposes Policy for New Affordable Housing Requirements

Earlier this month, the city of Denver (“City”) published the “Expanding Housing Affordability Proposed Policy Approach” (“Proposed Policy”). The Proposed Policy is in response to the passage of HB21-1117, which overturned a...more

Local Affordable Housing Requirements Are Coming—What Should You Know?

On May 7, 2021, House Bill 21-1117 was passed by the Colorado General Assembly and is on the governor’s desk for signature. As detailed in our Brownstein Client Alert on Feb. 18, 2021, HB 21-1117 authorizes local governments...more

Colorado Bill Empowers Local Governments to Require Affordable Housing

On Feb. 17, 2021, four Colorado state legislators introduced a bill that would authorize local governments to require construction of affordable housing within their boundaries without being in violation of the state statute...more

Careless Errors Under CCIOA: Who Creates the Community?

When it comes to the creation of common interest communities in Colorado, ambiguities in state law could mean serious liability risks for developers, builders and homeowners’ associations. The Colorado Common Interest...more

Denver City Council Approves Zoning Amendments Permitting Construction Up to 16 Stories in RiNo

On Monday, Feb. 12, the Denver City Council voted 11-1 to approve changes to the Denver Zoning Code and Municipal Code with the intent of implementing the 38th & Blake Station Area Plan Amendments—and allowing property owners...more

Vallagio Ruling Favorable for Condominium and Planned Community Developers

On June 5, 2017, the Colorado Supreme Court issued its eagerly anticipated ruling in Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et.al. (217 CO 69) (“Vallagio”). In its 5-2...more

Colorado State Legislature Finally Passes Construction Defects Reform Legislation

In a dramatic and seemingly overnight change of course, the Colorado House of Representatives unanimously approved House Bill 1279 on April 24, 2017. Days later, on May 4, 2017, HB 1279 passed unanimously in the Colorado...more

City of Lakewood Adopts Ordinance to Encourage Condominium Construction and Reduce Construction Defect Litigation

On Monday, October 13, 2014, the City of Lakewood became the first Colorado municipality to adopt legislation intended to encourage construction of “for sale” multifamily projects by mitigating the risks to developers and...more

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