ColoradoHB26-10012026 Regular SessionHouse

Housing Developments on Qualifying Properties

Sponsored By: Andrew Boesenecker (Democratic), Javier Mabrey (Democratic), Julie Gonzales (Democratic), Tony Exum (Democratic)

Signed by Governor

HousingLocal Government

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Easier housing approvals on eligible properties

Beginning December 31, 2027, Colorado jurisdictions with more than 2,000 people at the last U.S. census must allow qualifying housing through staff review. Properties must be five acres or smaller and owned by eligible nonprofits, school districts, public colleges, cooperative service boards, housing authorities, or transit entities. Eligible nonprofits have an affordable-housing history, provide public transit, or have a residential-development agreement with a qualifying nonprofit. When officials request proof of affordable-housing history with the initial application, they can require proof of only one listed criterion. Staff must use objective rules, not subjective design review. Officials cannot block buildings based on height at three stories or 45 feet or less, or when applicable zoning height rules are met. The law limits restrictions on home counts and bars stricter rules than similar housing faces for parking, bedrooms, setbacks, open space, landscaping, screening, solar access, density, and oil-and-gas setbacks. Local affordable-housing mandates and historic-district design standards do not apply, but objective safety, utility, and infrastructure requirements remain. Properties containing exempt parcels are excluded, including specified airport-related, environmental-covenant, flammable-gas, conservation-easement, and standalone historic parcels. A development-rights transfer program can also exempt a jurisdiction when its affordable-housing policy permanently restricts ownership and occupancy. Owners must notify the county assessor when construction is allowed; public colleges retain control over their property decisions.

Child care allowed in qualifying housing

Local officials must allow child care in qualifying housing when the zoning district permits it outright or through conditional approval. The same protection covers community groups providing recreation, social services, or education. These community services must serve both development residents and the surrounding community. The law does not require providers to open or set service prices.

Extra counting credit for affordable homes

Each affordable home built on qualifying property through this law counts as 1.1 newly built affordable homes in state accounting. The home must meet the state's legal definition of affordable housing. This provides 10% extra counting credit, not a cash payment or a household tax credit.

Sponsors & Cosponsors

Sponsors

  • Andrew Boesenecker

    Democratic • House

  • Javier Mabrey

    Democratic • House

  • Julie Gonzales

    Democratic • Senate

  • Tony Exum

    Democratic • Senate

Cosponsors

  • Amy Paschal

    Democratic • House

  • Emily Sirota

    Democratic • House

  • Gretchen Rydin

    Democratic • House

  • Jennifer Bacon

    Democratic • House

  • Jamie Jackson

    Democratic • House

  • Junie Joseph

    Democratic • House

  • Jacque Phillips

    Democratic • House

  • Karen McCormick

    Democratic • House

  • Kenny Nguyen

    Democratic • House

  • Lorena Garcia

    Democratic • House

  • Lori Goldstein

    Democratic • House

  • Lesley Smith

    Democratic • House

  • Michael Carter

    Democratic • House

  • Meg Froelich

    Democratic • House

  • Mandy Lindsay

    Democratic • House

  • Manny Rutinel

    Democratic • House

  • Regina English

    Democratic • House

  • Rebekah Stewart

    Democratic • House

  • Sean Camacho

    Democratic • House

  • Steven Woodrow

    Democratic • House

  • Tammy Story

    Democratic • House

  • Yara Zokaie

    Democratic • House

  • Sen. A. Benavidez

    Affiliation unavailable

  • Cathy Kipp

    Democratic • Senate

  • Iman Jodeh

    Democratic • Senate

  • Judy Amabile

    Democratic • Senate

  • James Coleman

    Democratic • Senate

  • Jessie Danielson

    Democratic • Senate

  • Janice Marchman

    Democratic • Senate

  • Lisa Cutter

    Democratic • Senate

  • Matt Ball

    Democratic • Senate

  • Marc Snyder

    Democratic • Senate

  • Mike Weissman

    Democratic • Senate

  • Nick Hinrichsen

    Democratic • Senate

  • William Lindstedt

    Democratic • Senate

Roll Call Votes

All Roll Calls

Yes: 203 • No: 141

House vote • 3/13/2026

Senate amendments: Repass

Yes: 40 • No: 24

House vote • 3/13/2026

Senate amendments: Concur

Yes: 46 • No: 18

Senate vote • 3/12/2026

Third reading: Bill

Yes: 22 • No: 13

Senate vote • 3/11/2026

Committee of the whole: Cow * (s.001)

Yes: 11 • No: 23

Senate vote • 3/11/2026

Committee of the whole: Cow * (s.002)

Yes: 13 • No: 21

Senate vote • 3/4/2026

Refer House Bill 26-1001, as amended, to the Committee of the Whole.

Yes: 4 • No: 3

Senate vote • 3/4/2026

Adopt amendment L.020

Yes: 5 • No: 2

Senate vote • 3/4/2026

Adopt amendment L.026

Yes: 4 • No: 3

Senate vote • 3/4/2026

Adopt amendment L.028

Yes: 4 • No: 3

House vote • 2/6/2026

Third reading: Bill

Yes: 35 • No: 24

House vote • 2/3/2026

Refer House Bill 26-1001, as amended, to the Committee of the Whole.

Yes: 9 • No: 4

House vote • 2/3/2026

Adopt amendment L.003 (Attachment F)

Yes: 10 • No: 3

Actions Timeline

  1. Governor Signed

    3/25/2026House
  2. Signed by the Speaker of the House

    3/24/2026House
  3. Signed by the President of the Senate

    3/24/2026Senate
  4. Sent to the Governor

    3/24/2026House
  5. House Considered Senate Amendments - Result was to Concur - Repass

    3/13/2026House
  6. Senate Third Reading Passed - No Amendments

    3/12/2026Senate
  7. Senate Second Reading Passed with Amendments - Committee, Floor

    3/11/2026Senate
  8. Senate Second Reading Laid Over to 03/11/2026 - No Amendments

    3/10/2026Senate
  9. Senate Second Reading Laid Over to 03/10/2026 - No Amendments

    3/9/2026Senate
  10. Senate Committee on Local Government & Housing Refer Amended to Senate Committee of the Whole

    3/4/2026Senate
  11. Introduced In Senate - Assigned to Local Government & Housing

    2/11/2026Senate
  12. House Third Reading Passed - No Amendments

    2/6/2026House
  13. House Second Reading Special Order - Passed with Amendments - Committee, Floor

    2/5/2026House
  14. House Committee on Transportation, Housing & Local Government Refer Amended to House Committee of the Whole

    2/3/2026House
  15. Introduced In House - Assigned to Transportation, Housing & Local Government

    1/14/2026House

Bill Text

  • Engrossed

  • Final Act

  • House Transportation, Housing & Local Government Preamend

  • Introduced

  • Reengrossed

  • Rerevised

  • Revised

  • Senate Local Government & Housing Preamend (2)

  • Signed Act

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