March 8, 2005
Colorado Law's Construction and Real Estate Law Association and the University of Colorado Real Estate Center inaugurated a new Affordable Housing Speakers Series on March 7 with a presentation by Colorado Representative Gary Lindstrom (Dist. 56) and attorney William Callison, a partner at Faegre & Benson LLP and former adjunct professor at CU, on the topic of "Inclusionary Zoning in Colorado: Prospects for Reform."
Professor Nestor Davidson introduced Representative Lindstrom and Mr. Callison, and described the basic theory behind inclusionary zoning, through which jurisdictions mandate or create incentives for affordable housing as part of new development, a practice that has been increasing in popularity throughout the country. Mr. Callison then described the Colorado Supreme Court's 2000 decision in Telluride v. Lot Thirty-Four Venture, L.L.C., which struck down an inclusionary zoning ordinance in Telluride as violating Colorado's state statutory prohibition on rent control, noting that the Court also held that inclusionary zoning was not a matter reserved for local control under the Colorado constitutional protection for home rule jurisdictions.
With that background, Representative Lindstrom discussed legislation he has introduced into the Colorado House of Representatives that would amend the state rent control statute to make clear that the statute does not prohibit property owners from offering or providing affordable housing units voluntarily or by contract with local governments. Representative Lindstrom then outlined where his legislation stands procedurally and took questions from students.