The act creates the strengthen Colorado homes enterprise (enterprise), which is a government-owned business created in the division of insurance (division) in the department of regulatory agencies. The enterprise is governed by a 7-member board (board), including the commissioner of insurance (commissioner), or their designee; members with expertise in home hardening, risk mitigation, resilient roof systems, and insurance underwriting or actuarial analysis; and members representing the interests of insurance companies, consumers, and counties. The primary purpose of the enterprise is to impose and collect an annual fee (fee) from an admitted insurance company that offers multiperil homeowner's insurance policies in the state and is subject to certain filing requirements with the division, not including the fair access to insurance requirements association (insurer). The enterprise shall use fee revenue to provide business services to insurers that pay the fee, including:Reducing insurer losses and administrative expenses due to hail damage claims by defraying the cost of retrofitting residential property by providing grants for the installation of resilient roof systems (grants). At least 85% of the fee revenue must be used for grants to Colorado homeowners to retrofit residential property to reduce insurer losses due to hail and windstorms.Analyzing data on hail losses to identify areas of the state to target for installation of resilient roof systems;Setting standards for resilient roof systems and awarding workforce training grants for installing and certifying resilient roof systems;Creating codes of conduct for roofing contractors to ensure roofs are properly and appropriately installed;Evaluating roofing protocols to ascertain if the protocols meet science-based, certifiable standards; Conducting or contracting with a third party to conduct a study to analyze insurance risk in high-risk wildfire areas of the state; andImproving market stability throughout the state. Beginning in the 2027 calendar year, the amount of the fee imposed and collected by the enterprise is an amount equal to 0.5% of the total premium collected by an insurer on multiperil homeowner's insurance policies in the state in the immediately preceding calender year. The insurer shall not surcharge the fee amount to policyholders. The enterprise may lower or cease collecting the fee from an insurer in any calendar year to ensure that total fee revenue does not exceed $100 million in the first 5 years of the enterprise's existence. In awarding grants, the board shall prioritize homes that are the homeowner applicant's (applicant) primary residence and shall consider other criteria, including applicant income, the age of the roof, the size of the home, the number of grant applicants, whether the home is in a locality with hail-resistant building codes, and whether the applicant lives in a location that has historically had a higher susceptibility to extreme weather events. In order to ensure the necessary workforce, fee revenue may also be used to award grants to defray the costs of training and certification related to installing and certifying resilient roof systems. A contractor that is awarded bids and receives money from a grant is prohibited from waiving homeowner's insurance deductibles. In addition, the board shall use fee revenue to conduct or contract with a third party to conduct a study to analyze insurance risk in high-risk wildfire areas of the state, including an analysis of market competition in those areas and the impact of a high risk program on the potential losses in the high-risk wildfire areas of the state and the availability of homeowner's insurance in those areas. The board or third party conducting the study shall engage with relevant stakeholders that include, at a minimum, representatives of reinsurers and reinsurance brokers, insurers writing homeowner's insurance contracts or policies in Colorado, individuals with expertise in complex financial instruments and debt instruments, and consumers or other individuals with expertise in wildfire mitigation. The board shall send the study to certain committees of the general assembly. The board shall adopt rules and policies for the regulation of the enterprise's affairs and the conduct of enterprise business, including standards for resilient roof systems and standards for contractor-specialized training in the installation of impact-resistant roof systems. No sooner than January 1, 2027, and upon the commissioner adopting rules, an insurer offering multiperil homeowner's insurance for property or risks located in the state is required to submit an annual filing to the commissioner that includes the number of policies in force, the number of homes that have installed a resilient roof system, the discount applied to homes due to the presence of a resilient roof system, and the wind and hail claims frequency and severity for homes with and without a resilient roof system. $66,250 is appropriated from the legal services cash fund to the department of law to provide legal services to the department of regulatory agencies to implement the act. The appropriation is from revenue received from the department of regulatory agencies that is continuously appropriated to the department of regulatory agencies from the strengthen Colorado homes enterprise fund. The appropriation to the department of law is based on an assumption that the department of law will require an additional 0.3 FTE to implement the act.(Note: This summary applies to this bill as enacted.)
The act establishes and clarifies financial protections for mobile home park residents. The act requires a landlord of a mobile home park to notify residents when the landlord is temporarily prohibited from increasing rent. Under current law, a landlord is required to send notice to residents when the landlord intends to sell the mobile home park. The act adds to the information that must be included in the notice that the landlord sends to residents of the park to include a statement that the landlord must provide additional information and documentation to a home owner upon request by the home owner, including:The basis of the purchase price, such as aggregate rental data, rent projections, and recent appraisals of the property;Disclosure of the age of major infrastructure in the mobile home park;Documentation of any infrastructure inspections, maintenance, and repair services from the previous 3 years;The most up-to-date rent roll and any documentation related to rents, charges, outstanding balances, and the vacancy rate; andThe operating expenses and income for the park from the previous 3 years. The act requires that, for a potential sale of a mobile home park that is a portfolio sale including real property or structures located outside of the mobile home park, the price, terms, or conditions of the proposed sale, including for the real property or structures located outside of the park, must be made available to the home owners of the park, even if the home owners submit an offer to purchase only the park. The act requires the landlord and any potential buyer to conduct the sale of the mobile home park at arms-length and in good faith. The act establishes certain parameters related to the registration fee that must be paid by a landlord of a mobile home park and limits the amount that the landlord may charge each resident to cover the registration fee at $17.(Note: This summary applies to this bill as enacted.)
The act requires a landlord to:Comply with applicable court rules governing the protection and redaction of personal identifying information in eviction filings; andRedact personal identifying information from supporting documents submitted to a court. The act also requires a landlord to include in all rental applications:A notice to prospective tenants regarding the information and data the landlord will attempt to access when conducting a tenant screening;A general description of the factors the landlord will consider when evaluating a rental application, including a prospective tenant's credit history, rental history, income, and criminal background, if applicable; andAn indication of whether the landlord uses a third-party tenant screening service and, if so, the name of the service.(Note: This summary applies to this bill as enacted.)
The act specifies relevant factors for assessing reasonable accommodations related to assistance animals that may be necessary for an individual with a disability to have an equal opportunity to use and enjoy housing under the 'Colorado Anti-Discrimination Act'. Permitting an assistance animal is presumed to be a reasonable accommodation if a housing provider has been given an opportunity to engage in an interactive accommodation process with the individual requesting the accommodation. The act also:Defines 'reasonable accommodation', as it applies to discriminatory housing practices, as an exception or adjustment to a rule, policy, practice, or service that may be necessary for an individual with a disability to have an equal opportunity to use and enjoy housing, including public and common-use spaces;Defines 'assistance animal' as an animal that does work, performs tasks, assists, or provides therapeutic emotional support to an individual with a disability. 'Assistance animal' includes emotional support animals and service animals.Defines 'emotional support animal' as an animal that provides solely emotional support to an individual to alleviate a symptom or an effect of a disability;Permits a housing provider to request reasonable documentation to support an individual's claim of disability or disability-related need for an assistance animal if the individual's disability or disability-related need is not obvious; andPermits a housing provider, when considering a reasonable accommodation request, to consider documented, specific conduct of an assistance animal that poses a direct threat to the health or safety of others or that causes substantial physical damage to property.(Note: This summary applies to this bill as enacted.)
Current law requires a local government or a tribal government desiring to receive funding from the statewide affordable housing fund to have filed with the division of housing of the department of local affairs (division) a commitment specifying how, within a 3-year cycle, affordable housing units within the local or tribal government's territorial boundaries will be increased by 3% each year over the baseline number of affordable housing units (baseline number). The baseline number resets every 3 years for the next cycle. To be eligible for funding from the statewide affordable housing fund, a local or tribal government is required to file a commitment with the division and achieve the 3% increase over the baseline number each year during the 3-year cycle. The act changes the requirements for the 3-year cycle beginning on January 1, 2027, and each 3-year cycle thereafter. A local government desiring to receive funding from the statewide affordable housing fund is no longer required to increase affordable housing units by 3% above the baseline each year, but is instead required to meet the target increase number of affordable housing units (target increase number). The target increase number equals the average annual number of permits for new housing units or functional equivalents of permits for new housing units that have been issued over the past 3 years within the jurisdiction of the local government, multiplied by the number of years of the upcoming 3-year cycle to which the local government is committing, multiplied by:0.10 if the average annual job growth rate in the county in which the local government is located is significantly lower than the statewide median annual job growth rate over the past 3 years, as determined by the division;0.15 if the average annual job growth rate in the county in which the local government is located is close to the statewide median annual job growth rate over the past 3 years, as determined by the division; or0.20 if the average annual job growth rate in the county in which the local government is located is significantly higher than the statewide median annual job growth rate over the past 3 years, as determined by the division. The act requires the division to establish specific numerical ranges for the job growth rate thresholds. The act permits a local government that desires to be eligible for funding from the statewide affordable housing fund but is unable to achieve the 3% annual increase in affordable housing units for the 3-year cycle beginning on January 1, 2024, to file a good faith effort waiver with the division. To be eligible, the local government must have achieved at least 65% of the targeted annual increase. The division may, in its discretion, grant a good faith effort waiver to a local government that filed for a waiver on or after June 15, 2026, but before November 1, 2026, and complied with other requirements of the act. The act permits a government that desires to be eligible for funding from the statewide affordable housing fund but is unable to meet the target increase number in affordable housing units for the 3-year cycle beginning on January 1, 2027, to file an adjustment waiver with the division. The adjustment waiver must be supported by verifiable data and propose a revised annual increase of at least one unit per year. The division may, in its discretion, grant an adjustment waiver to a government that filed for a waiver and complied with other requirements of the act. To determine whether a local government has achieved the target increase number for the 3-year cycle beginning on January 1, 2027, and for each 3-year cycle thereafter, an affordable housing unit that satisfies the following criteria counts for one affordable housing unit plus the following corresponding additional unit amount:Unless local governments have a written agreement otherwise, a unit developed with money from multiple local governments may be counted by each local government as a percentage of one unit proportional to the percentage of funding it provided;A unit that is developed on land donated by the local government qualifies for an additional 0.10 of a unit. The 0.10 of a unit qualifies for the local government that donated the land.An affordable housing unit that is developed with money provided by multiple local governments qualifies for an additional 0.10 of a unit for each local government that provided money;A unit that is developed to be for-sale housing and that meets certain affordability requirements qualifies for an additional 0.20 of a unit; andA unit that is restricted to be rented or sold to a household with an annual income of at or below 40% of the area median income, including a supportive housing unit, qualifies for an additional 0.20 of a unit. If affordable housing is developed and qualifies for a property tax exemption, thereby reducing property tax revenue to the county in which the affordable housing is located, and the county did not provide any money to develop the affordable housing, the division may, in its discretion, allow each such affordable housing unit to count as up to 1.15 affordable housing units for the county at the time of vertical construction. Beginning in 2027, to be eligible for direct funding, or for affordable housing projects within a tribal government's territorial boundaries to be eligible for funding, tribal governments are required to implement a system to expedite the development approval process for affordable housing projects and required to submit evidence of such satisfaction to the division.(Note: This summary applies to this bill as enacted.)
The bill gives city and county housing authorities (housing authority) the power to provide for the levy of a sales tax, sales and use tax, or property tax both within the jurisdiction of the authority, the resulting revenue of which will be directed to the housing authority, subject to the following conditions:The city or county has adopted a resolution determining that the levying of the tax will fairly distribute the costs of the housing authority's activities among the beneficiaries of the housing authority's activities and will not impose an undue burden on any particular group of people or businesses ; andA ballot question has been submitted to a vote of the registered electors of the city or county and subsequently approved by a majority of such registered electors, and the ballot question describes the purposes for which the tax will be used by the housing authority and complies with section 20 of article X of the state constitution. All new tax revenues generated are irrevocably pledged to the authority for the purposes set forth in the ballot question. If a sales or sales and use tax is approved by the voters of a housing authority:The rate of the sales or sales and use tax must not exceed 1% on any transaction taxable by the state , excluding the sale or use of cigarettes ; andThe executive director of the department of revenue shall collect, administer, and enforce the tax, and the city or county shall pay the net incremental cost incurred by the department in the administration and collection of the tax. The authority shall designate a liaison to coordinate with the department of revenue to implement the collection of the tax and to identify people eligible to collect the sales and use tax; and The tax revenue must be directed to a fund of the authority.The provisions authorizing the levy of the sales or sales and use tax will only take effect if the department of revenue receives an amount of gifts, grants, and donations sufficient to pay for the department's costs in administering the tax. If an ad valorem property tax is approved by the voters of a housing authority:The rate of the ad valorem property tax must not exceed 5 mills on each dollar of valuation for assessment of the taxable property within the authority's jurisdiction;The board of county commissioners of the county in which the housing authority is located shall levy the ad valorem property tax upon the valuation for assessment of all taxable property within the authority's jurisdiction;The officials charged with collecting ad valorem property taxes for the county in which the housing authority is located shall collect the taxes at the time and in the form and manner and with like interest and penalties as other property taxes collected within the county;The property tax revenue must be directed to a fund of the authority; andAll property tax revenue, together with interest thereon and penalties for default in payment thereof, and all costs of collecting the same shall constitute, until paid, a perpetual lien on and against the property taxed, and such lien shall be on a parity with the tax lien of other general taxes. The bill gives county housing authorities the power to issue revenue or general obligation bonds and to pledge the authority's revenues and revenue-raising powers for the payment of such bonds. The bill allows an urban renewal authority to enter into a shortfall guaranty contract with an urban renewal project developer (developer) specifying that, if the tax increment revenue is insufficient to pay the indebtedness incurred by the authority that is due, the developer is obligated to make a direct payment covering the full amount of the insufficiency. A shortfall guaranty contract:Constitutes a lien on the urban renewal project property the same as, and equal in priority to, a tax lien;Has priority over any mortgage, lien that is not a tax lien, or other encumbrance;Constitutes a covenant running with the land for the term of the contract; andMay be recorded against the real property upon which the urban renewal project is developed.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The division of housing in the department of local affairs (division) administers an affordable home ownership program (program) that makes grants to nonprofit organizations, local governments, community development financial institutions, and community land trusts (eligible organizations) and tribal governments to support affordable home ownership, including the development of residential housing units that are described in an eligible organization's funding request (project). Current law specifies that only a household with an income less than or equal to 120% of the area median income is eligible for assistance through the program, but it is unclear whether this requirement applies to housing units constructed by an eligible organization through one of its projects. The act clarifies that only a household with an income less than or equal to either 120% of the area median income of households of that size in the jurisdiction of a local government in which the households are located, or 120% of the statewide area median income of households of that size, is eligible for housing constructed by an eligible organization through one of its projects. In addition, the act requires the program to offer housing that costs not more than 38% of a household's monthly income unless the ownership program is providing a homeowner with assistance for home rehabilitation. The act also requires the program to offer grants and loans to groups or associations of mobile home owners and their assignees to support affordable homeownership for households with income less than or equal to 120% of the area median income of households of that size in the territory or jurisdiction of the local government in which the households are located, and specifies that the monthly housing payment must not cost more than 35% of the monthly household income. The act allows the division to modify the maximum percentage of income that a household may allocate pursuant to the program as applied to a residential unit constructed by an eligible organization as part of an affordable housing project pursuant to a waiver process initiated by an eligible organization if a substantial need for housing the project's target population exists, the unit has been adequately marketed to eligible buyers for purchase for at least 6 months after final completion of the unit, and the unit has not been purchased by an eligible buyer within that 6-month period. For grants from the program to support tribal government programs, the tribe is responsible for establishing limitations on household income and maximum percentage of income that a household may allocate for monthly housing costs and a tribal affordability mechanism in lieu of any state-prescribed use covenant. The tribe shall submit evidence to the division that it has satisfied these requirements but is not required to disclose confidential tribal data, including the specific limitations or mechanisms it sets. The division also administers a land banking program (land banking program) that makes grants to local and tribal governments and loans to nonprofits to acquire and preserve land for the development of affordable housing. For grants made to local governments or loans to nonprofits, the development of affordable housing includes rental housing projects with an imputed income limit by household size not to exceed 60% of area median income. Regulated units in the project must have a gross rent limit that does not exceed 30% of the imputed income limitation applicable to the units. Current law requires that a project provide for-sale housing that may be purchased by a household with an annual income of 100% of area median income. The act changes the income limit to 120% of area median income. For land banking program grants to support tribal government programs, the tribe is required to establish income limits by household size and gross rent limits and is not required to use the limits otherwise required for eligible organizations. The tribal government is required to submit evidence that it has established income and gross rent limits but is not required to disclose confidential tribal data, including what the specific limitations are. The division may issue a waiver with housing cost limits that are different from those requested by an eligible organization if different housing cost limits would better serve needs identified in the community, the project remains financially feasible, and there are eligible buyers that meet the division's requirements. Alternatively, the division may modify the total amount of funding to account for an increase in the sales price of the unit. In lieu of this process, the division may approve an eligible organization's process for determining when to exceed the maximum monthly household income for a unit funded by the program, which shall not require a 6-month marketing period. The division may allow an eligible organization to rent residential units constructed as part of the project. On or before December 31, 2026, the division is required to issue guidance for when units within a project may be rented and develop a process by which rented units may return to the for-sale market. A homeowner may rent a unit funded by the ownership program as long as the unit remains their primary residence.(Note: This summary applies to this bill as enacted.)
The act makes the following changes to statutes concerning accessible housing standards:Defines 'accessible story' as a story on an accessible route that contains living, sleeping, cooking, bathing, and toilet facilities and, if available in the dwelling unit, laundry facilities. A basement is not an 'accessible story' if the basement floor is located more than 4 feet below the exterior finished grade, which is determined by assessing the vertical difference at any point along the exposed periphery of the dwelling unit.Defines 'dwelling unit' as any portion of a building that contains living facilities, including a room or rooms in a living facility that have shared cooking, bathing, toilet, or laundry facilities, such as dormitories, shelters, assisted living facilities, and boarding homes. 'Dwelling unit' also means living facilities that include provisions for sleeping, cooking, bathing, and toilet facilities for one or more persons and that are used for extended stays, such as time-shares and extended-stay motels. 'Dwelling unit' does not mean a guest room in a motel or hotel.Defines 'ICC A117.1' as the 'Standard for Accessible and Usable Buildings and Facilities' 2017 edition, or any successor standard, as adopted by reference by the building code of the responsible enforcement agency;Clarifies that 'Type A' and 'Type B multistory dwelling units' must include at least one accessible story that can be accessed via an accessible entrance; Requires projects with fewer than 50 units may use any combination of accessible dwelling units to comply with the standards; Requires projects with 50 or more units to include at least 2% accessible dwelling units, and that they must include at least on unit that is either a 'Type A', 'Type B', 'Type A Multistory', 'Type B Multistory', or 'Type C visitable' dwelling unit; andPermits covered enforcing agencies to develop alternative processes to resolve appeals of orders, decisions, or determinations made by the enforcing agency regarding the application and interpretation of the standards for accessible housing law.(Note: This summary applies to this bill as enacted.)
The bill provides that, on or after December 31, 2027, subject to an administrative approval process, a subject jurisdiction shall approve the a lot split of an original lot into 2 new lots if the following conditions are met: The area of the original lot is 2,000 square feet or greater before the split; The lot split does not create a new lot that is smaller than 1,200 square feet in area;If the 2 new lots are not equal in area, the area of the smaller of the 2 new lots is equal to or greater than 40% 30% of the area of the original lot;The original lot is not subject to any previously recorded was never subject to another lot split;Residential use is allowed on the original lot; It is feasible for both of the new lots to be accessed; for utility easements to serve both new lots; and for both new lots to meet land survey plat and monument records requirements;The original lot is not an exempt lot; andThe original lot is not located within a common interest community that was created on or before December 31, 2027. A subject jurisdiction may establish procedures to review and accept information related to a proposed lot split, including lot information related to:Property ownership;Physical characteristics of the lot, including geology and soils;Proposed new lot lines and new lot areas;Adequacy of water supply, sewer service, and drainage systems to serve the new lots;Adequacy of electric power and natural gas service to serve the new lots;Dedication for schools, parks, streets, and other public areas, or payment of money in lieu of such dedication; andGuarantees of necessary public improvements. A subject jurisdiction:Shall not apply a setback standard that requires a setback from the lot line adjoining 2 new lots created through a lot split if no structure existed on the original lot immediately preceding the lot split; andMay apply a setback standard that requires a setback from the lot line adjoining 2 new lots created through a lot split if a structure existed on the original lot immediately preceding the lot split and if the setback is equal to or less than 5 feet. If an original lot or any structure built on the original lot is subject to an evidence of debt constituting a residential mortgage loan lien , then prior to approving the split of an original a lot split , a subject jurisdiction shall verify that the holder of the evidence of debt constituting a residential mortgage loan (holder) lienholder has received notice of the proposed lot split and has consented to the lot split in writing. The holder lienholder may condition consent to the lot split on the satisfaction of specified conditions. The written consent of the holder must be executed in a form that is eligible for recording in the real property records of the county in which the original lot is located and must include:The notarized signature of the holder lienholder or the agent of the holder lienholder ;The name of the record owner or ground lessee of the original lot;The legal description of the original lot; andThe identities of all parties with an interest in the original lot, as reflected in the real property records. records, including any easements and encumbrances. The written consent of the holder lienholder must be recorded in the office of the county recorder of the county in which the original lot is located. If the holder lienholder does not provide written consent to the lot split, the subject jurisdiction shall not approve the lot split. A lot split that is approved before the written consent of the lienholder has been obtained and recorded is void.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
The bill requires that, on or after October 1, 2031, a subject jurisdiction shall not require:That a parcel lot have an area larger than 2,000 square feet if the parcel's lot's residential use is limited to a single family home; or Minimum lot frontage, setbacks, open space, or maximum lot coverage dimensions that have the practical effect of preventing the construction of a single family home on a lot that has an area of 2,000 square feet and that has a residential use limited to a single family home.The bill exempts certain types of parcels lots from this requirement.(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
