New Denver affordable housing proposal (copy)

FILE PHOTO: A rendering of the future affordable housing development at 4862 W. 13th Ave., Denver, provided by Thinking Modern, a representative for the property owners. 

Denver Mayor Mike Johnston and the City Council President Jamie Torres have thrown their support behind a state land use bill that is drawing criticism from all sides. The two city leaders announced their support Thursday, along with five other council members.

Sponsors of the bill, called House Bill 1313 titled "Housing in Transit-Oriented Communities," say it provides incentives to build housing nearby transit and workplace centers, making it particularly attractive for Denver, Johnston said. The city is facing a critical affordable housing shortage and building more units was a key pillar of his mayoral campaign.

One of Johnston's main initiatives in his first year in office is an "Affordable Denver" city and to build 3,000 units of long-term, affordable housing by the end of the year. The bill is a key step in attaining a more affordable future for Denver and the state, he said, especially given its focus on transit-oriented projects. 

"HB-1313 is a balanced approach to land use that pushes local governments in the right direction,” he said. "With policies like HB-1313, we can change the status quo to create a more affordable Colorado.”

Surrounding towns disagree with the idea that it is a "balanced approach," saying land use and zoning decisions are a local issue and should not be mandated by the state. Even as a majority of House Democrats approved the bill, all seven of those who are from areas the bill affects voted against it. 

House Bill 1313 appears to some as the 2024 edition of Senate Bill 13-213, which died on the last day of the 2023 session after cities and towns statewide condemned it.

But Denver leaders insist: This bill is good. 

“HB-1313 works in partnership with Proposition 123 as a way for local governments and our partners to build more affordable housing and lower costs for all Coloradans, something all our communities desperately need,” Torres said. “At its core, the bill empowers all local governments to address Colorado’s housing needs.”

Ninety cities and towns disagree, and on March 28 sent a letter to lawmakers pleading that they work together, not against one another.

Many legislators — even some who supported the bill — are opposed to the provision in HB-1313 that penalizes noncompliant municipalities by forfeiting money allocated to them under the State Highway Users Tax Fund. What's more, the bill allows the Department of Local Affairs to file an injunction against those noncompliant communities. 

This may result in revenue losses for the state and municipalities, according to a fiscal analysis of the bill. It will also cost roughly $35 million in general fund money, $13 million more than budgeted for bills in process.

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