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2023 Colorado Revised Statutes
Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110)
TENANTS AND LANDLORDS (§§ 38-12-101 — 38-12-1409)
Article 12 - TENANTS AND LANDLORDS (§§ 38-12-101 — 38-12-1409)
Part 3 - LOCAL CONTROL OF RENTS PROHIBITED (§§ 38-12-301 — 38-12-302)
Section 38-12-301 - Control of rents by counties and municipalities prohibited - legislative declaration
Universal Citation:
CO Code § 38-12-301 (2023)
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on the American Association of Law Libraries Universal Citation Guide and is not
necessarily the official citation.
- (1) The general assembly finds and declares that the imposition of rent control on private residential housing units is a matter of statewide concern; therefore, no county or municipality may enact any ordinance or resolution that would control rent on either private residential property or a private residential housing unit.
- (2) For purposes of subsection (1) of this section, an ordinance or resolution that would control rent on either private residential property or a private residential housing unit shall not include:
- (a) A voluntary agreement between a county or municipality and a permit applicant or property owner to limit rent on the property or unit or that is otherwise designed to provide affordable housing stock; or
- (b) The placement on the title to the unit of a deed restriction that limits rent on the property or unit or that is otherwise designed to provide affordable housing stock pursuant to a voluntary agreement between a county or municipality and a permit applicant or property owner to place the deed restriction on the title.
- (3) An agreement authorized pursuant to subsection (2) of this section may specify how long either private residential property or a private residential housing unit is subject to its terms, whether a subsequent property owner is subject to the agreement, and remedies for early termination agreed to by both the permit applicant or property owner and the county or municipality.
- (4) Notwithstanding any other provision of this section, a county or municipality may not deny an application for a development permit as defined in section 29-20-103(1), C.R.S., because an applicant for such a permit declines to enter into an agreement to limit rent on either private residential property or a private residential housing unit.
- (5) This section is not intended to impair the right of any state agency, county, or municipality to manage and control any property in which it has an interest through a housing authority or similar agency.
L. 81: Entire part added, p. 1818, § 1, effective June 23. L. 2010: Entire section amended, (HB 10-1017), ch. 208, p. 906, §1, effective September 1.
Section 2 of chapter 208, Session Laws of Colorado 2010, provides that the act amending this section applies to agreements entered into before, on, or after September 1, 2010.
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