Housing density resources
Sara Mason
58 Posts

I'm looking for resources from anyone involved in housing density discussions in their local communities.

Like many places in the US, my community is involved in an emotionally charged debate over whether to change local policies that would allow for more people to live here. The potential climate benefits of these changes include reducing carbon emissions from transportation.

Many people who are otherwise very interested in climate issues-- and reducing carbon pollution-- are opposed to making some of these changes; my (probably incomplete) perspective on this contradiction is that they are afraid of seeing changes to their communities, and may be concerned about how "green" new buildings can be.

I see this as a potential bridge issue for getting some of these folks more interested in CCL's policy agenda:
- This is a concrete way people can 'live out their climate principles'
- This is an opportunity to educate about how clean (and affordable) we can make new buildings (and increase the efficiency of the ones we already have!)
- Maybe, just maybe, this will get some people ready to say "yes in my back yard" to permitting reform as well!

If you are interested in this topic, know of local activities I could read about (especially if there has been any news coverage), or have great resources on hand, that would be wonderful.

Please feel free to reply here or reach out to me at 505-309-2962 or mason.saraann@gmail.com.

This is cross-posted in the Building Electrification and Efficiency forum and the Group Leader's forum.

16 Replies
Rob Johnson
200 Posts

@Sara Mason
There was an attempt to change zoning here in NY. (state wide)   It was defeated as an attack on home rule.

Rob Johnson
200 Posts

@Rob Johnson
As for the environment, I view it as sprawl, I vote no.

 

Sara Mason
58 Posts

@Rob Johnson Thanks for the link. I'm not 100% sure this kind of proposal is what I'm talking about-- when I say increasing housing density, I'm talking about the opposite of sprawl, but rather putting more people in the same place so they don't have to do things like have a long commute to where they work, shop, socialize, etc. I'll be interested to study this case further though! I appreciate it. 
 

Rob Johnson
200 Posts

@Sara Mason
So I think this proposal says every town needs to put in some housing.  It doesn't say how, where, density level ect. A high rise on a brown field in the city would be perfect to me, and I am sure that would be the case in those mucipalities, But ALL towns have to do it. It is going to be sprawl in some cases.   

Rob Johnson
200 Posts

@Sara Mason
I realize there has been in the news that basement apartments are banned, I am fine with overturning all such bans like that,  Mother/daughter set up,  additions, ect should all be allowed. 

Rob Johnson
200 Posts

@Sara Mason
The point of this NY thing and the thing you are getting at is exactly the same, but it is a question of who is setting the parameters for it. 

Sara Mason
58 Posts

@Rob Johnson Interesting, thanks for filling in some of the extra details
 

@Sara Mason

We have a boatload of housing legislation in the Colorado assembly this session as activist Governor Jared Polis is focused on housing this year.

Here is a list of the bills under consideration right now, copied from the Ft Collins Coloradan.

I hope that this gives you some ideas.

There is considerable push-back from municipalities concerned about what they consider to be state interference in home rule.

Colorado Housing Legislation 2024 (Ft. Collins Coloradan)


This bill would incentivize denser housing along transit corridors

House Bill 24-1313 would designate certain metropolitan areas of the state close to transit as transit-oriented communities and require them to set zoning capacity goals in order to encourage more housing. It would also create a $35 million fund to help communities who meet their goals with infrastructure costs. Communities that don't meet their goals would have funds from the highway users tax withheld.

This bill would increase protections for mobile home owners

House Bill 24-1294 modifies the Mobile Home Park Act to create rules related to the purchase/sale of mobile homes, increasing and setting rent prices, language access, water policies, maintenance requirements, record-keeping and more. 

This bill would prohibit residential occupancy limits

House Bill 24-1007 would prohibit local governments from enacting or enforcing residential occupancy limits based on family relationships, but it would allow them to have limits based on health and safety standards. Those are things like international building code standards, fire code regulations, wastewater and water quality standards.

This bill would require some cities and towns to allow ADUs

House Bill 24-1152 would require certain jurisdictions in higher-populated areas to allow, subject to an administrative review, one accessory dwelling unit to a single-unit detached dwelling. The bill also prohibits those jurisdictions from enacting or enforcing laws that would restrict them further. It also includes measures to help reduce the costs associated with building ADUs.

This bill would allow only 'for cause' evictions, with some exceptions

House Bill 24-1098 would prohibit a landlord from evicting a tenant unless the landlord has cause for eviction, such as the tenant not paying rent or for certain violations of the lease agreement, like damaging property or creating a nuisance or disturbance. But it does create exceptions for when the residence is set to be demolished, converted, substantially repaired; if the landlord or their family is moving into the home; if the home is going on the market to be sold; of if the tenant has a history of late/nonpayment of rent. The law would not apply to multifamily units of four or more or mobile home lot leases.

It also would require relocation assistance to certain vulnerable renters if the landlord violates the notice requirements.

This bill attempts to encourage more condo construction by tightening up rules regarding construction defects lawsuits

Senate Bill 24-106 has a few different provisions that are aimed at reducing some barriers to the construction of more condominiums, whose lower price point could help provide more housing options in Colorado. In part, this bill would:

  • Give builders the right to settle a claim sooner by making repairs or hiring out the work to fix the problem.
  • Require the written support of at least two-thirds of the members of a condo community association to bring a claim against a builder.
  • Limit a homeowner from seeking damages unless there is actual damage; actual loss of use of property; bodily injury or wrongful death; or a risk of bodily injury or death or a threat to the life, health or safety of the occupants.

Of note, there's another bill, House Bill 24-1230, which seeks to increase homeowner protections from construction defects by lengthening the amount of time a homeowner has to sue from six years to 10 years, among other provisions.

This bill would outlaw allowing algorithms to set rents

House Bill 24-1057 would prohibit the use of algorithmic devices to set the amount of rent to be charged for residential properties. The bill declares this is a deceptive trade practice that poses "a heightened risk of anticompetitive conduct, price fixing, and collusion, all of which allegedly result in higher rents for residential tenants." 

This bill would give local governments the first crack at purchasing properties so they can preserve affordable housing

House Bill 24-1175 would give local governments the right of first refusal to make an offer on affordable housing multifamily rental properties as long as they plan to use it to provide long-term affordable housing. Property sellers would be required to give the local government notice if an affordability requirement is going to expire and again when they get ready to sell the property. A government would then have 14 days to respond but is not required to make an offer, and a seller doesn't have to accept any offer. The bill would also temporarily give local governments a right of first offer on any multifamily rental property as long as they are providing affordable housing.

This bill would create tax credits for converting commercial properties to residential

House Bill 24-1125 would create a tax credit for costs associated with converting a commercial structure to a residential one. The structure must then remain a residential unit for 15 years. The state can give no more than $5 million in credits per year, and no more than $3 million to a single project. Tax credits are worth up to 25% of qualified expenditures.

This bill would allow multifamily residential buildings to be served by a single staircase instead of 2 to reduce barriers to family housing

House Bill 24-1239 would require counties and municipalities to update building codes to allow a single exit for multifamily residential buildings up to five stories, rather than requiring two stairwells. Proponents of the change believe it could safely encourage more family-size units in multifamily buildings and lower development costs because the design allows for a more efficient use of space.

Cheers!

Bob

Tony Sirna
793 Posts

@Sara Mason - 

In California this is a very hot topic. Different policies have included:

  • Ending parking minimums which often prevent extra units from being added to existing housing. Especially important near transit.
  • State-level law that allows for upzoning near transit hubs. They tried to get local govt to do this, but it didn't happen until the state stepped in to require it.
  • Streamlining Accessory Dwelling Units (ADUs) sometimes calle in-law units. Basically allowing people to easily add a second unit in their backyards with streamlined permitting.
  • Some people are working on getting rid of single family zoning all together, to allow up to fourplexes where currently only one unit is allowed. I think Minneapolis did this already.

It's a serious fight and has environmentalists split in some cases. But I think the movement is gaining serious ground both for the climate and because housing prices are so expensive here. 


 

Rob Johnson
200 Posts

@Tony Sirna
Looks like most of the examples are in built out areas which I am completely fine with. 

I don't think rent control increases housing, but rather decreases it. 

Rob Johnson
200 Posts

@Rob Johnson
Normally environmentalists oppose housing,  10 acre lot size being one such tool,  there is one area it is one house on 88 Acres,  on there is smart growth, transit orientated development, transfer of development rights

Rob Johnson
200 Posts

@Tony Sirna
Dougherty, Conor. "The Surprising Left-Right Alliance That Wants More Apartments in Suburbs." International New York Times, 13 Mar. 2024, p. NA. The New York Times, link.gale.com/apps/doc/A786199408/SPN.SP01?u=nysl_we_nioga&sid=bookmark-SPN.SP01&xid=1b5c802e. Accessed 27 Mar. 2024.

Rob Johnson
200 Posts

@Rob Johnson
 

Actually I think rent control would say to the owners to move out of the city, which would be contrary to the environment.  

@Robert Blackburn Since the CO General Assembly is out of session until next year, what is the status of these bills?

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