A new law making its way through the state legislature could allow a greater number of unrelated roommates to legally share homes in cities like Boulder and Fort Collins.
Currently, there are several cities in Colorado that enforce “occupancy limits,” which determine the maximum number of unrelated individuals allowed to reside together. For instance, in Fort Collins, the limit is set at three non-family members, while in Boulder, the limit varies depending on the specific location, allowing up to five individuals. However, a proposal is being made at the statehouse to eliminate or modify these local regulations.
The Senate and House have both passed this year’s important measure, HB24-1007.
Democratic Senator Julie Gonzales, one of the sponsors of the bill, highlighted the individuals who could benefit from this legislation.
According to Gonzales, the bill is centered around the idea of two single parents joining forces and independently raising their children. He has had conversations with individuals who reside with their caregivers, and has also listened to the experiences of students who are struggling to make both ends meet by sharing an apartment. The bill aims to address these situations and provide support to those in need.
According to her and other proponents, occupancy limits are deemed unjust and random, except when it comes to ensuring public safety. They argue that living with multiple roommates in a house or apartment allows individuals to find affordable housing close to their workplace or educational institution. Moreover, they emphasize that many people are already sharing housing, regardless of whether it is permitted by local regulations.
Opponents from both parties have voiced concerns about the bill, echoing the criticism faced by previous housing reforms. They argue that the bill will undermine local control, jeopardizing the authority of cities to establish their own laws and policies. This, in turn, could have negative consequences for current residents.
In college towns, occupancy limits often spark heated debates as local residents view them as a necessary safeguard against crowded student rentals. This was evident in Boulder, home to over 33,000 students attending CU Boulder, where voters recently rejected the proposal to abolish occupancy limits by a narrow margin of 52-48.
“The infringement on our property rights by the state should be a cause for concern. It truly should,” expressed Senator Joann Ginal, a Democrat from Fort Collins. She raised the point that the potential involvement of “large investment companies” could lead to the acquisition of single-family properties for the purpose of renting them out to larger groups of tenants.”
According to her, neighborhoods will inevitably decline.
According to Jon Goldman, a member of the Daniels Welchester Neighborhood Association in Jefferson County, the presence of an over-occupied home has had a detrimental effect on a cul-de-sac in his neighborhood, resulting in other families choosing to relocate.
During his testimony, he informed lawmakers that the home has seven mailboxes with 20 names displayed, and the county claims there is no action that can be taken.
Mango Manor in Boulder is a cooperative that has been striving to demonstrate the strength of communal living.
“It’s really tough to accept the stark contrast between the pressing demand for housing and the abundance of vacant properties,” expressed Alexis Hermes, a dedicated caregiver for individuals with dementia and Alzheimer’s in Boulder. She further added, “After an extensive search, I eventually discovered a cooperative residence that not only provides affordable housing but also features amenities like a car sharing program, convenient access to public transportation, and a supportive community with shared labor and effective communication channels.”
Moving in with a dozen people initially scared Hermes, but she quickly realized that this change has had a positive impact on her life.
Jorja Whyte, a third-year student at Colorado State University, expressed her support for the bill, highlighting the impact of Fort Collins’ “U plus two” laws. She shared her personal experience of how these laws have intensified the competition for rentals, ultimately pushing her to search for a new place to live after graduation.
“It’s just impossible for me to afford living there with the increasing housing expenses unless I have more than two roommates,” she explained.
If the bill passes, it’s difficult to determine the exact extent of the changes that will occur. According to the Colorado Municipal League, it has the potential to impact the laws of approximately two dozen cities across Colorado.
Over the course of five years, the city of Boulder has received approximately 150 complaints pertaining to occupancy limits. Out of these complaints, slightly more than half have led to findings of violations.
Cities would retain the authority to establish occupancy limits according to established health and safety standards. These standards may include international building code standards, fire code regulations, or Colorado Department of Public Health and Environment wastewater and water quality standards.
The measure is part of a much bigger debate over individual and communal rights.
Land-use reformers, including many Democrats, support individuals’ property rights by advocating for the removal of regulations. They argue that the government should not impose arbitrary limits on how individuals can use their property.
Republicans and other opponents, however, argue that property rights encompass more than just an individual’s piece of land. They believe that cities and neighborhoods should have the authority to establish standards, even if it restricts the actions of individuals.
According to Senate Minority Leader Paul Lundeen, opponents of the proposal are seeking privacy and the right to be left alone. They simply desire to continue enjoying their lives as they did before the state intervened and decided to place a large number of people in close proximity to them. Lundeen expresses the hope that their lives will not be adversely affected by this decision.
Gonzales drew a comparison between residency limits and redlining, which was a discriminatory practice that prevented Black and Latino families from obtaining mortgages and effectively segregated neighborhoods.
“There was a time when redlining was employed as a means to justify the exclusion of people who resemble me,” she expressed. “Today, it is carried out under the guise of local control.”
The Senate is currently reviewing the measure, which will soon be up for a final vote. Once approved, it will then be sent back to the House for further consideration of the amendments made by the Senate. Governor Jared Polis has expressed his strong support for the measure.
According to spokesperson Shelby Wieman, Governor Polis expressed his support for ending discriminatory occupancy limits during his State of the State address. Wieman stated that the Governor commends the bill sponsors for their efforts in bringing this bill forward and looks forward to removing government interference in people’s decisions about who they can live with.
The bill has garnered support from Democratic lawmakers, including Rep. Manny Rutinel, Rep. Javier Mabrey, and Sen. Tony Exum, who are all cosponsors.
