Bill Repealing Occupancy Limits, by Eroding Local Control, Now Heads to Governor’s Desk
Written by: Marianne Partisan
In a move that has raised concerns about the continued erosion of local control, Governor Jared Polis is expected to sign into law a bill that would repeal occupancy limits. House Bill 24-1007, which has received final approval from the Democrat controlled state House and Senate, prohibits cities from restricting how many unrelated people can live together based on their familial relationship.
Governor Polis has been a vocal critic of occupancy limits, describing them as discriminatory. He argues that such rules disproportionately affect individuals who are not married, in a domestic partnership, or living with relatives.
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The two-page bill aims to address this issue by ensuring that occupancy limits do not apply to those in these specific familial relationships. However, cities can still enforce limits based on demonstrated health and safety standards.
Supporters of HB24-1007 have drawn parallels between occupancy limits and redlining, a discriminatory practice that denied financial services to Black individuals and effectively segregated neighborhoods. By repealing occupancy limits, proponents of the bill argue that it will promote inclusivity and equal rights for all residents.
However, opponents are concerned about the potential negative impact on cities' ability to regulate housing and maintain the character of their neighborhoods.
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During the recent vote, Ken DeGraaf, a Republican from Colorado Springs, voiced his opposition to HB24-1007, stating that occupancy limits are necessary to recognize the capacity of a population. Critics argue that without these limits, neighborhoods may become overcrowded, leading to increased strain on resources and a decline in quality of life.
The occupancy limits bill is part of a broader trend of lawmakers overriding local land-use and zoning rules. Other proposed bills aim to eliminate parking minimums for residential developments, ease restrictions for building accessory dwelling units (ADUs), and allow denser housing development near bus stops and train stations.
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