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If the proposal makes it out of the Colorado Legislature and is signed into law by Governor Jared Polis, it would reverse a prohibition on inclusionary zoning and allow governments to require developers to contribute to the affordable-housing rental stock something that has been banned for over two decades.
In 2000, in what s known as the Telluride Decision, the Colorado Supreme Court ruled that municipalities were not only legally prohibited from instituting traditional rent-control policies, but could not require developers to build affordable rental units.
Since then, some Colorado municipalities have developed workarounds or instituted development impact fees that go toward affordable housing. Denver has such a fee in place, but it s one of the lowest in the nation.