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Housing Affordability and Elimination of Unnecessary Occupancy Limits Act takes effect

New law to improve housing affordability and choice comes into force

DENVER, CO – On July 1, 2024, a law will come into effect that prohibits local governments from establishing or enforcing housing occupancy restrictions except for health and safety reasons.

“There is a housing shortage across Colorado, with people forced to live paycheck to paycheck just to have a roof over their heads,” said Rep. Manny Rutinel, D-Commerce City. “Discriminatory housing restrictions often prevent Coloradans from living with friends or distant relatives, limiting housing options and displacing people from their communities. Now we are allowing more Coloradans to legally share housing, making housing more affordable and helping ensure more Coloradans have a place to call home.”

“Eliminating discriminatory occupancy limits is a great way to reduce housing barriers and create a fairer market,” said Senator Julie Gonzales, Democrat of Denver. “These restrictions disproportionately affect historically marginalized communities that may have diverse family structures. It’s time we lift outdated occupancy limits and provide Coloradans with more housing choices.”

“Occupancy limits that are not truly necessary for health and safety reasons limit the ability of Coloradans struggling to survive to find affordable housing,” said Rep. Javier Mabrey, Democrat of Denver. “At a time when Coloradans are facing a housing shortage, our governments should not restrict housing supply. This bill will expand housing options for all and allow people to make their own housing choices that benefit their families and save them money.”

“Strict occupancy limits can limit housing options and displace people from their communities,” said Sen. Tony Exum, D-Colorado Springs. “Banning occupancy limits would give residents the freedom to choose their living situation and the people they live with. With this law, we can allow families to live in a structure that works best for them – without occupancy limits interfering.”

HB24-1007 prohibits local governments from limiting the number of people who can live together based on their marital status. Restrictions are permitted only if they are based on affordable housing program guidelines or proven health and safety standards, such as fire codes, sewage and water quality standards, or international building codes.

Occupancy limits typically restrict the number of people who can live in a home, depending on whether they are unrelated or not, even if the home has more bedrooms than the occupancy limit. In 2023, there were over 14,000 residents of Colorado Experience homelessness. More than 50 percent of tenants In the Denver metropolitan area and in counties such as Boulder, El Paso, Larimer, Pueblo, Summit, Eagle and Mesa, costs are high.

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