Cities across Colorado are clashing with the state over new housing legislation. In suing the state and Governor Jared Polis, Lafayette has joined five other municipalities, Aurora, Arvada, Glendale, Greenwood Village, and Westminster. The cities argue that two recently passed housing laws infringe on their home rule authority granted by the Colorado Constitution. The legal battle centres around zoning, parking, and local decision-making power.
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Home Rule Cities Push Back
The lawsuit centres on “home rule,” a status in Colorado’s Constitution allowing municipalities to govern themselves in matters of local concern. The cities argue that two new laws, House Bill 24-1313 and House Bill 24-1304, violate these rights. According to the Colorado Municipal League, home rule cities are not obligated to follow state statutes on local issues, and this lawsuit asserts the state overstepped those boundaries.
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Laws at the Heart of the Dispute
At the core of the legal challenge are HB24-1313 and HB24-1304. The first requires certain cities to allow higher-density housing around transit corridors, like rail lines and major bus routes. The second removes minimum parking requirements for new apartment and multifamily developments built near these transit areas. Together, these laws aim to encourage compact, transit-friendly urban growth to ease the housing shortage.
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Local Voices Undermined, Cities Say
Lafayette and the other cities argue that these state laws would significantly limit local oversight in land use decisions. Lafayette asserts that these state laws would compel it to modify its land use code and restrict public participation in new developments. This, city officials say, diminishes the influence of residents and their elected representatives in shaping their communities.
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A Threat to Long-Term Community Planning
The lawsuit criticizes the state laws as a “one-size-fits-all” mandate that undermines decades of resident-informed, comprehensive planning. City officials argue that these laws ignore the unique characteristics and needs of different neighborhoods and would alter the essence of communities that residents have nurtured for generations.
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Governor’s Office Defends Statewide Approach
Governor Jared Polis’s office responded by defending the new housing laws. A spokesperson stated that the legislation aims to remove obstacles to affordable housing and tackle the state’s housing deficit. The state believes the laws are constitutional and expects the courts to uphold them.
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State Prioritizes Housing Affordability
The governor’s office also criticized the cities for spending taxpayer money on the lawsuit instead of working toward housing solutions. According to the statement, the lawsuit appears to protect expensive housing markets at the expense of building homes that more Coloradans can afford. The state argues that housing affordability is a statewide issue that requires cross-jurisdictional cooperation.
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Cities Say Laws May Backfire
In contrast, the lawsuit claims these housing policies might worsen affordability instead of improving it. By applying sweeping zoning changes without local adaptation, the cities argue, the laws could drive unintended consequences that disrupt rather than solve housing issues. They fear it could lead to community pushback and potentially reduce overall support for much-needed development.
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Parking Rule Changes Raise Concerns
One major point of contention is the removal of parking requirements. Under HB24-1304, cities near transit lines can no longer require developers to include a certain amount of parking in new projects. Local governments argue that this change doesn’t account for real-world transit usage and could create more congestion, especially in places where public transportation may not be sufficient to replace cars.
