In a significant move to bolster housing policies across the state, Governor Jared Polis has signed an executive order mandating local governments to comply with recent state housing laws to qualify for substantial state grants. This directive, issued on [date], aims to ensure that taxpayer money is directed to cities and counties that actively support housing initiatives.
The executive order, effective from October 6, stipulates that local governments seeking a share of the $280 million available through 34 different funding streams must adhere to the new housing regulations. Governor Polis emphasized that this decision reflects the need for alignment between state funding and housing policies.
‘”This is Colorado taxpayer money. We want to make sure that it’s going to areas that are fundamentally pro-housing and are not kind of just rowing upstream and getting less housing,”‘ he stated.
This latest executive order builds upon an earlier directive from Polis issued on May 16, which outlined plans to cut millions in state grants for non-compliant cities and counties regarding housing policies. Under the new guidelines, diverse discretionary grants or loans may be restricted, covering areas such as housing development, land use, transportation, and even energy and climate initiatives.
The governor has prioritized access to affordable housing and expansion of housing options since taking office for his second term, prompting tension between state leadership and cities that perceive this as an infringement on their local governance rights. Polis acknowledged that housing policies have become divisive in local elections, reflecting the contentious nature of the issue.
Already, six “home rule” cities along the Front Range have filed a lawsuit against the state administration, asserting that Polis has unconstitutionally overstepped his authority concerning land use and zoning. The legal challenge claims that conditionality of state funding on compliance with housing laws, as established in the May 16 directive, infringes upon the powers of the General Assembly and the judiciary.
Greenwood Village Mayor George Lantz expressed concerns regarding the erosion of citizens’ representation in local governance through the lawsuit.
‘”We’re seeing a steady erosion of our citizens’ ability to have a voice in the communities in which they live,”‘ he lamented in a written statement.
Local governments find themselves in a challenging position, as the president of the Colorado Municipal League, Kevin Bommer, raised concerns that the governor’s actions undermine both local and legislative authority.
‘”Really not one shred of the executive order is consistent with any existing statutory or regulatory authority,”‘ Bommer argued, pointing out that local governments are, for the most part, in alignment with Polis’ goals of fostering affordable and transit-friendly housing.
While some may not be moving swiftly enough for the governor’s satisfaction, he recognizes that local decisions should determine the best paths for housing development.
‘”Why is it so hard for a state legislature, for a governor to say, ‘you know what, we support these broader policies, but we want to ensure that residents of municipalities, no matter if they are growing in a way we agree with or not, have the opportunity to weigh in?'” Bommer questioned.
Governor Polis has faced comparisons to President Donald Trump in relation to his funding policies. However, he refuted the analogy, emphasizing his approach is about implementing existing legislative priorities and addressing housing shortages rather than creating unilateral and often legally contentious stipulations.
‘”What President Trump is often doing is just sort of making up his own things that are his priorities, but are actually in some cases contrary to the law, which is why the courts have struck it down,”‘ Polis clarified.
‘”So for us, this is really about implementing what the legislature has passed, and I’ve signed to help create more housing now for Coloradans.”‘
Looking ahead to his final legislative session, Polis signaled that housing policy will remain at the forefront of his agenda.
He warned the public that substantial transformations within the housing market would take time and emphasized that immediate relief in home prices should not be expected.
‘”Coloradans should know…this doesn’t change home prices like in three months or six months,”‘ he stated.
Polis anticipated that the grants covered by his executive order would not be significantly impacted by the state’s budget shortfall, although he acknowledged that the total amount of money available could potentially decrease.
‘”Especially at a time of economic uncertainty and federal policies negatively impacting State revenue, it is important to ensure that State funds are spent on local projects that lower the cost of living for Coloradans, including housing and transportation costs, and ease the pressure on our climate and natural resources,”‘ the new executive order read.
As part of a commitment to transparency, Polis announced his office would provide an update on which cities comply with the imposed housing laws in early October. He categorized local governments into three distinct groups: enthusiastic supporters, middle-ground compilers, and opponents.
‘”We’re being fully transparent about that. And some might still be in the process and just have one more city council meeting to go,”‘ he noted.
From October 6th onward, language mandating adherence to state housing laws will be incorporated into grant guidelines. Moreover, local governments that adopt policies exceeding state requirements may also be rewarded.
‘”Whatever dollar figure we have for grants, we want to direct them and prioritize the areas that are fundamentally building homes that people can afford. I mean, it’s kind of simple as that,”‘ Polis highlighted.
Though some housing policies included in the executive order have yet to come into effect, and not all apply universally across the state, the governor insists on the enforcement of several key measures. These include requiring local governments to report regularly on unmet housing needs, abolishing restrictions on residential occupancy, permitting accessory dwelling units, and enforcing policies that would provide local governments with first dibs on affordable housing before it shifts to market rates.
Additionally, he suggested eliminating minimum parking requirements for new construction near transit hubs and adopting regional building codes for factory-built structures. Facilitating denser housing development close to transit hubs also falls under his vision for a comprehensive housing strategy.
In light of Colorado’s expected growth with an influx of around 1.7 million individuals by 2050, Polis asserts that this executive order is strategically designed to better synchronize state and local government initiatives, all while allowing for flexibility in compliance tailored to each community’s unique needs.
Matt Frommer, lead for Housing Forward Colorado at the Southwest Energy Efficiency Project, echoed the governor’s sentiments, noting that most local governments are progressing towards or exceeding state laws due to their alignment with established best practices in planning and land use.
‘”Our analysis shows that most local governments are taking steps to meet or exceed state laws, largely because they’re proven best practices in planning and land use that closely match local plans and priorities,”‘ Frommer stated.
image source from：kunc
