8 new laws will impact renters, owners, development of housing in Fort Collins
New laws passed at the Colorado Capitol this spring will affect what happens with housing and development in Fort Collins.
Some bills have direct links to increasing the stock of housing, while others were more focused on protections for residents, including those with lower incomes.
Here are eight notable changes and how they could affect anyone who owns, rents, leases out or builds residential property in Fort Collins.
Cities, including Fort Collins, will have to allow ADUs
House Bill 24-1152 requires cities and counties to allow one accessory dwelling unit of 500 to 750 square feet on any single-family home lot, with some exceptions related to water and sewage and historic properties. A government can require the owner to live on the property at the time of application, but not after that. There are also limits on the rules about dimensions, designs and setbacks that a city can require. It also includes a path for cities to get grant funding to encourage construction of lower-income and workforce housing ADUs. The law takes effect next summer: June 30, 2025.
U+2, Fort Collins' rule limiting the number of roommates, is going away
House Bill 24-1007, going into effect July 1, prohibits a jurisdiction from setting residential occupancy limits based on family relationships, but it would allow limits based on health and safety standards or to meet affordable housing program requirements. Health and safety standards could include things like international building code standards, fire code regulations, wastewater and water quality standards.
Learn more about this: U+2 is ending in Fort Collins. Here's what might or might not happen after that
Areas near transit lines − think the MAX line − will be expected to have goals for housing capacity
House Bill 24-1313 will define "transit-oriented communities" based on their proximity to transit like bus rapid transit (like the MAX line), commuter rail and light rail. These designated areas, which will be mapped later this year, will be expected to set a "housing opportunity goal" of 40 units per acre and make sure local zoning enables enough density to meet the goal. Communities that meet the requirements will be eligible to apply for funding from a new $35 million grant program to help build infrastructure for affordable housing and other projects.
It'll be harder for landlords to opt to not renew a renter's lease
House Bill 24-1098 prohibits a landlord from evicting a tenant unless the landlord has specific causes for eviction, such as the tenant not paying rent or for certain violations of the lease agreement, like damaging property or creating a nuisance or disturbance. There are exceptions, like if the residence is set to be renovated, if the landlord or their family is moving into the home, or if the home is going to be sold. The law would not apply to multifamily units of four or more, nor to mobile home lot leases.
Fort Collins will get first crack at purchasing properties to preserve it as affordable housing
As of Tuesday afternoon, House Bill 24-1175 hasn't been signed by Gov. Jared Polis yet. If it does become law, it will create a right of first refusal and a right of first offer for local governments to buy certain types of multifamily rental properties to preserve them as affordable housing. The bill was sponsored by Fort Collins Rep. Andrew Boesenecker.
There will be more protections for those who live in mobile homes
House Bill 24-1294 modifies the Mobile Home Park Act to create rules meant to protect those who live in mobile home parks. The rules govern the purchase and sale of mobile homes, increasing and setting rent prices, language access, water policies, maintenance requirements, record-keeping and more. It also hasn't been signed by the governor yet (as of Tuesday afternoon) and was sponsored by Fort Collins' Boesenecker.
The next two bills are housing-stock adjacent but still would have impacts on housing development.
Parking minimums are going away
Under House Bill 24-1304, Fort Collins and Larimer County will not be able to have laws requiring minimum parking requirements for new multifamily developments. There's an exception allowing a 1-space-per-unit minimum for projects with at least 20 units or for affordable housing projects if the jurisdiction can demonstrate a substantial negative impact based on specific criteria. The bill language indicates it aims, in part, to help reduce burdens that can affect the cost of housing.
It'll be a bigger risk to sue over in court over land use decisions
If House Bill 24-1107 is signed by the governor, anyone who files a legal challenge against a local government over its land use decision and loses in court will have to pay the legal fees of that government. This applies only to Rule 106 challenges for residential developments of five units per acre or more. Appeals like this could discourage neighborhood groups from fighting development projects they oppose in court. An example of a Rule 106 challenge in Fort Collins involves the Sanctuary on the Green project in northwest Fort Collins. However, the judge in that case did not rule in favor of the city.
This article originally appeared on Fort Collins Coloradoan: New laws at Colorado legislature will impact housing
