What is the difference between repealing the ban on rent control, the Telluride Decision, and HB21-1117?
- Colorado ban on rent control 1981: “The general assembly finds and declares that the imposition of rent control on private residential housing units is a matter of statewide concern; therefore, no county or municipality may enact any ordinance or resolution that would control rent on either private residential property or a private residential housing unit”. https://law.justia.com/codes/colorado/2016/title-38/tenants-and-landlords/article-12/part-3/section-38-12-301
- Telluride decision: The city of Telluride was sued by developers and this case law is found in Town of Telluride v. THIRTY-FOUR VENTURE in 2000. The Supreme Court of Colorado ruled that requiring developers to set aside a portion of units that would be rented at below-market-rate in new projects is illegal. It is considered a form of rent control that was banned by the state legislature in 1981. You can view that language HERE.
- HB21-1117: Local Government Authority Promote Affordable Housing Units. The Act clarifies the authority of cities and counties to plan and regulate the use of land in order to promote the construction of affordable housing units; it creates one or more alternatives to the construction of affordable housing. It is stated in Section 2, subsection (e.5) (1) that this is NOT a form of rent control. https://leg.colorado.gov/sites/default/files/2021a_1117_signed.pdf