News & Analysis as of

Real Estate Development Colorado

Otten Johnson Robinson Neff + Ragonetti PC

Denver Announces a Middle Income Housing Pilot Program

Denver’s Department of Housing Stability (“HOST”) and Denver Housing Authority (“DHA”) are partnering to pilot a program aimed at spurring development of middle-income housing.  As reported in the Denver Post, Denver Mayor...more

Ballard Spahr LLP

Case Study: Fulcrum Communities Pilot Project – Parker, Colorado

Ballard Spahr LLP on

As part of Colorado’s broader efforts to close the middle-income housing gap, Fulcrum Communities, a Colorado nonprofit, launched a pilot project using an innovative financing model to deliver workforce housing more quickly...more

Gordon Rees Scully Mansukhani

Construction Law Update – Second Quarter 2025

GRSM’s Construction Group is pleased to publish the latest issue of our Construction Law Update, a quarterly take on trends of interest to design professionals, contractors, and developers throughout the country....more

Otten Johnson Robinson Neff + Ragonetti PC

HB 25-1272: What Colorado Developers Need to Know About the State’s New Construction Defect Law

On May 12, 2025, Governor Jared Polis signed House Bill 25-1272 (“HB 25-1272“) into law. This act, known as the Colorado American Dream Act, seeks to address a key barrier to the construction of entry level condominiums and...more

Ballard Spahr LLP

Colorado Ramps Up Workforce Housing Push Amid ‘Acute’ Shortage Also Seen Nationally

Ballard Spahr LLP on

Colorado is addressing a dearth of middle-income housing on multiple fronts, while other states are also realizing and responding to the need for more affordable housing for workforce families and individuals....more

Otten Johnson Robinson Neff + Ragonetti PC

Denver Proposes to Eliminate All Minimum Vehicle Parking Requirements

The City of Denver (“Denver”) released the first draft of its proposed amendment to the Denver Zoning Code (“Zoning Code”) known as Modernizing Parking Requirements Text Amendment (“Text Amendment”), in which it proposes...more

Otten Johnson Robinson Neff + Ragonetti PC

Colorado House Bill 25-1169: An Affordable Housing Opportunity

In response to housing shortages throughout the state, Colorado legislators are proposing policy changes relating to affordable housing.  House Bill 25-1169 (“HB25-1169”) is one of the most significant bills proposed to date....more

Otten Johnson Robinson Neff + Ragonetti PC

New Law Targets Legal Hurdles in Colorado Land Use Approvals

On May 30, 2024, Governor Jared Polis signed House Bill 24-1107 (HB24-1107) into law.  This bill implements two significant reforms applicable to legal challenges to land use approvals brought pursuant to Colorado Rule of...more

Brownstein Hyatt Farber Schreck

Colorado Passes Six Land Use Bills Designed to Spur Development and Affordable Housing

Six land use bills passed the Colorado legislature before it adjourned, five of which Gov. Jared Polis has signed into law as of the date of publication. These bills will bring changes to housing development in Colorado with...more

Brownstein Hyatt Farber Schreck

Denver City Council Approves Extension to Exemption Deadlines Under EHA

The City of Denver adopted changes to its Expanding Housing Affordability (EHA) ordinances that extend the deadlines to receive final site development plan (SDP) approval in order to qualify for exemption from the EHA...more

Brownstein Hyatt Farber Schreck

Colorado Enacts Local Right of First Refusal Housing Policy

Legislature Gives Local Governments Right of First Refusal on Affordable Housing and Right of First Offer on Certain Market Rate Multifamily Properties - On the final day of the legislative session, the state legislature...more

Otten Johnson Robinson Neff + Ragonetti PC

Proposed State Legislation Would Nearly Double the Statute of Repose under the Colorado Construction Defect Action Reform Act and...

While Colorado struggles with an ongoing housing supply deficit and potential buyers grapple with interest rate resistant prices and higher costs of borrowing, local and state governments are entertaining all kinds of...more

Brownstein Hyatt Farber Schreck

Unlocking Tax Increment Finance for Counties via County Revitalization Authorities

Counties in Colorado may soon have a new way to take advantage of tax increment financing (“TIF”). Currently, there are only two ways to leverage TIF in Colorado: establishment of an urban renewal authority (“URA”) or...more

Quarles & Brady LLP

Combating Misperception: Arizona Is Not Out Of Water; Construction Has Not Been Suspended

Quarles & Brady LLP on

Contrary to the catastrophic picture painted by news sources around the country, Arizona is not out of water, construction has not been suspended, and a construction moratorium has not been issued by the Governor. The real...more

Brownstein Hyatt Farber Schreck

Ban on Local Anti-Growth Restrictions Passed by Colorado State Legislature

The Colorado state legislature recently approved a bill that would prohibit “governmental entities” from enforcing existing or enacting new local anti-growth laws that would limit housing supply, development applications or...more

Brownstein Hyatt Farber Schreck

Denver CPD Proposes Extension to Exemption Deadlines Under EHA

The City of Denver is considering changes to its Expanding Housing Affordability (EHA) ordinances that would extend the deadlines to receive final SDP approval in order to qualify for exemption from the EHA requirements. On...more

Brownstein Hyatt Farber Schreck

Right of First Refusal Bill Could Chill Multifamily Development in Colorado

The state legislature is currently considering a bill that would give “local governments,”—including every city, town and county in Colorado—a right of first refusal to buy any qualifying multifamily property before it is...more

Brownstein Hyatt Farber Schreck

Land Use Bill Could Change How Local Governments Review New Housing Projects

Colorado Gov. Jared Polis’ wide-ranging land use bill targeting housing affordability was introduced on March 22, 2023, as SB 23-213, sponsored by Sen. Dominick Moreno (D-Adams) and Reps. Iman Jodeh (D-Arapahoe) and Steven...more

Brownstein Hyatt Farber Schreck

Metro District Legislation, Lawsuits Could Radically Impact New Development in Colorado

For the second straight year, metropolitan district reform legislation is moving through the Colorado House of Representatives. If the proposed legislation passes—or if resident-controlled metropolitan district boards set new...more

Brownstein Hyatt Farber Schreck

City of Denver Proposes Policy for New Affordable Housing Requirements

Earlier this month, the city of Denver (“City”) published the “Expanding Housing Affordability Proposed Policy Approach” (“Proposed Policy”). The Proposed Policy is in response to the passage of HB21-1117, which overturned a...more

Brownstein Hyatt Farber Schreck

Local Affordable Housing Requirements Are Coming—What Should You Know?

On May 7, 2021, House Bill 21-1117 was passed by the Colorado General Assembly and is on the governor’s desk for signature. As detailed in our Brownstein Client Alert on Feb. 18, 2021, HB 21-1117 authorizes local governments...more

Snell & Wilmer

Colorado Court of Appeals Places Significant Implied Warranty Liability on Residential Developers and Builders

Snell & Wilmer on

The Denver housing market has been hot for years. An influx of residents, low housing inventory, and rising home prices make Denver a good choice for residential builders and developers. However, this past November, the...more

Brownstein Hyatt Farber Schreck

Careless Errors Under CCIOA: Who Creates the Community?

When it comes to the creation of common interest communities in Colorado, ambiguities in state law could mean serious liability risks for developers, builders and homeowners’ associations. The Colorado Common Interest...more

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