SB 17-086

Senate Bill 17-086 allows local governments in Colorado to create programs that require developers to include affordable housing units when building new projects. This means cities and counties can make it a condition for getting approval to build something new that some of the homes must be affordable for lower-income families. The bill clarifies that this is different from controlling rent on existing private properties, which was previously prohibited. Since the bill has been signed into law, local governments now have the authority to implement these inclusionary housing programs.

Official Summary

In 1981, the general assembly enacted legislation that prohibits counties and municipalities (local governments) from enacting any ordinance or resolution that would control rent on private residential property. The bill clarifies that an ordinance or resolution that would control rent on either private residential property or a private residential housing unit does not include an ordinance or resolution enacted by a county or a municipality that establishes, as a condition of obtaining approval for the development of a project, inclusionary housing or inclusionary zoning requirements. As used in the bill, 'inclusionary housing' or 'inclusionary zoning' means a program enacted legislatively and with opportunity for public input that requires, as a condition of obtaining approval for the development of a project, the provision of residential units affordable to and occupied by owners or tenants whose household incomes do not exceed a limit that is established in the ordinance or resolution. The bill specifies different components that may be included in an inclusionary housing program. (Note: This summary applies to this bill as introduced.)

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