Colo. Rev. Stat. § 24-32-705, Functions of division

(1) The division has the following functions:

(a) To encourage private enterprise and all public and private agencies engaged in the planning, construction, and acquisition of adequate housing or the rehabilitation or weatherization of existing housing in Colorado by providing research, advisory, and liaison services and rehabilitation, construction, acquisition, and weatherization grants and loans from appropriations made for this purpose by the general assembly. For the purposes of this subsection (1)(a), weatherization means the provision and installation of materials and devices that improve the thermal performance of a residence so as to conserve energy and reduce energy costs and includes those structural, heating, electrical, and plumbing repairs and improvements that are necessary to safely and effectively improve thermal performance. All such grants and loans to public and private agencies must be at least equally matched from a nonstate source unless sufficient local sources are not available because of other essential public functions and must be for providing energy-efficient housing to low- and moderate-income households. These grants or loans shall not be used for administration, which must be funded within the administrative budget of the division.

(b) To assist local communities in the development and operation of local housing authorities;

(c) To encourage and promote cooperation among counties and municipalities to jointly establish and operate housing authorities;

(d) Repealed.

(e) To conduct continuing research into new approaches to housing throughout the state including, but not limited to, the following:

(I) to (III) Repealed.

(IV) Transit-oriented development that includes increased housing density near employment, education, and town centers; and

(V) Advanced energy performance standards that minimize the total building operational costs during the affordability period as determined by the division;

(f) To investigate living, dwelling, and housing conditions in the state and the means and methods of correcting unsafe, unsanitary, or substandard conditions;

(g) To enter upon buildings or property in order to conduct investigations or to make surveys or soundings. In the event the division is unable to obtain permission for such entry, the director may petition the district court in which the property is located for an order authorizing such entry. Upon a finding by the court that the order requested is reasonably necessary to carry out the intent of this part 7, the order shall be granted.

(h) To make available to responsible agencies, boards, commissions, or other governmental agencies its findings and recommendations with regard to any building or property where conditions exist which are unsafe, unsanitary, or substandard;

(i) To accept and receive grants and services from the federal government and other sources and to process such grants and services for other public and private nonprofit agencies and corporations;

(j) To enforce the provisions of part 9 of this article and the rules and regulations adopted pursuant thereto;

(k) To provide training and technical assistance to counties and municipalities which have building codes in the development of energy efficiency construction and renovation performance standards by such local governments;

(l) and (m) Repealed.

(n) Pursuant to section 24-32-717, to administer loans to local governments, local housing authorities, and public and private corporations;

(o) Repealed.

(p) Pursuant to section 24-32-718, to maintain a database of affordable housing units to be lost as affordable housing;

(q) to (s) Repealed.

(t) To serve as the sole state agency for the purpose of administering and distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities and assist such persons in obtaining housing, including, without limitation, rental assistance;

(u) To enforce the provisions of the Mobile Home Park Act created in part 2 of article 12 of title 38 and the Mobile Home Park Act Dispute Resolution and Enforcement Program created in part 11 of article 12 of title 38, and the rules and regulations adopted pursuant to section 38-12-1104 (2)(j).

(v) To collaborate with other state agencies to develop incentives that support:

(I) Local development near transit corridors;

(II) Increased housing density development within employment, education, and town centers; and

(III) Energy performance standards that minimize total building costs during the affordability period, as determined by the division.

(w) To prepare an annual public report on funding of affordable housing preservation and production in accordance with section 24-32-705.5 and to satisfy other requirements in section 24-32-705.5 pertaining to the preparation and dissemination of the report. In its presentation to the joint committees of reference pursuant to section 2-7-203, the department shall summarize the information contained in the report concerning affordable housing funding administered by the division since the department's prior presentation.

(x) To optimize the outcomes of a particular program or particular use to the benefit of households served in a manner that optimizes the socioeconomic and housing stability outcomes of households served; optimizes the financial sustainability of an affordable housing project or program; optimizes the creation, operation, and affordability length of affordable housing stock created; optimizes the preservation of naturally occurring and subsidized affordable housing; considers the impact of award terms on the financial stability of the organizations delivering development projects and resident services; leverages or is leveraged by other available sources of money; addresses housing needs throughout the state; and serves populations with the greatest unmet need.

(2) The division, through the director thereof, shall serve in an advisory capacity to the state housing and finance authority, created by part 7 of article 4 of title 29, C.R.S., and shall provide information on the housing facility needs of low- and moderate-income families in the state of Colorado.

(3) and (4) Repealed.

(5) The division shall collaborate with other state agencies in connection with the disposition of state-owned assets to be used for low- and moderate-income housing.

(6) (a) The division shall maintain the confidentiality of all names, addresses, and personal identifying information of applicants, recipients, and former recipients of housing assistance, which forms of housing assistance include without limitation housing vouchers, emergency housing assistance, and homeless services.

(b) Notwithstanding any provision of this subsection (6), the division may publish or provide aggregate or de-identified data concerning applicants, recipients, and former recipients of housing assistance to third parties and other governmental entities, and may enter into data-sharing agreements authorizing the transfer of names, addresses, and personal identifying information of applicants, recipients, and former recipients of such housing assistance.

(c) Any third party or governmental entity that receives names, addresses, and personal identifying information of applicants, recipients, and former recipients of housing assistance in accordance with this subsection (6) from the division pursuant to a data-sharing agreement shall maintain the confidentiality of all names, addresses, and personal identifying information obtained from such agreements.

(d) As used in this subsection (6), governmental entity and personal identifying information have the same meanings as specified in section 24-73-101 (4).

(7) The division shall administer:

(a) Affordable housing guided toolkit and local officials guide program in accordance with section 24-32-721.7;

(b) The transformational affordable housing revolving loan fund program created in section 24-32-731 (2)(a), unless the division elects to contract out full or partial administration of the loan program pursuant to section 24-32-731 (2)(b);

(d) The connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program created in section 24-32-732;

(e) The child care facility development toolkit and technical assistance program created in section 24-32-3802 (2);

(f) The child care facility development planning grant program created in section 24-32-3803 (2)(a); and

(g) The child care facility development capital grant program created in section 24-32-3804 (2)(a).

Source: L. 70: p. 240, � 1. C.R.S. 1963: � 69-9-5. L. 73: p. 815, � 2. L. 74: (1)(b) and (1)(j) amended, p. 283, � 1, effective April 19. L. 75: (1)(j) added, p. 813, � 2, effective July 1; (1)(a) amended, p. 215, � 46, effective July 16. L. 76: (1)(a) amended, p. 612, � 1, effective May 10. L. 77: (1)(k) added, p. 356, � 2, effective July 1. L. 79: (1)(l) and (1)(m) added, p. 322, � 5, effective July 1. L. 80: (1)(a) amended and (3) added, p. 595, � 2, effective May 1. L. 82: (1) amended, p. 369, � 2, effective April 30. L. 99: (1)(d) amended and (1)(o) added, p. 440, � 3, effective August 4. L. 2000: (3) repealed, p. 1548, � 12, effective August 2. L. 2002: (1)(p) added, p. 413, � 2, effective August 7. L. 2003: (1)(d), (1)(e)(I), (1)(e)(II), and (1)(o) repealed, p. 532, � 1, effective March 5. L. 2009: (1)(r) added, (HB 09-1276), ch. 404, p. 2220, � 1, effective June 2; (1)(q) added, (HB 09-1197), ch. 101, p. 374, � 1, effective August 5. L. 2010: (1)(s) added, (HB 10-1240), ch. 200, p. 872, � 3, effective May 5. L. 2011: (1)(t) added, (HB 11-1230), ch. 170, p. 585, � 2, effective July 1. L. 2012: (1)(t) amended, (SB 12-158), ch. 151, p. 541, � 2, effective May 3. L. 2016: (1)(r) and (1)(s) repealed, (SB 16-189), ch. 210, p. 766, � 46, effective June 6. L. 2019: (1)(u) added, (HB 19-1309), ch. 281, p. 2627, � 2, effective May 23; (1)(a) and (1)(n) amended, (HB 19-1322), ch. 201, p. 2168, � 2, effective August 2; (4) added, (HB 19-1319), ch. 200, p. 2164, � 3, effective September 1. L. 2021: (7) added, (HB 21-1271), ch. 356, p. 2323, � 4, effective June 27; (1)(a) amended, (1)(e)(III), (1)(l), and (1)(m) repealed, and (1)(e)(IV), (1)(e)(V), (1)(v), (5), and (6) added, (HB 21-1009), ch. 121, p. 462, � 1, effective September 7; (1)(w) added, (HB 21-1028), ch. 396, p. 2634, � 2, effective September 7. L. 2022: (7) amended, (SB 22-159), ch. 230, p. 1705, � 3, effective May 26; (7) amended, (HB 22-1377), ch. 285, p. 2045, � 3, effective May 31; (7) amended, (HB 22-1304), ch. 290, p. 2078, � 3, effective June 1. L. 2024: (1)(x) added, (HB 24-1308), ch. 295, p. 2008, � 2, effective August 7; (4) repealed, (SB 24-178), ch. 108, p. 336, � 2, effective August 7; (7)(c) amended and (7)(e), (7)(f), and (7)(g) added, (HB 24-1237), ch. 279, p. 1848, � 2, effective August 7.

Editor's note: (1) Subsection (1)(r) was lettered as (1)(q) in House Bill 09-1276 but has been relettered on revision for ease of location.

(2) Subsection (1)(q)(II) provided for the repeal of subsection (1)(q), effective January 1, 2015. (See L. 2009, p. 374.)

(3) Amendments to subsection (7) by SB 22-159, HB 22-1304, and HB 22-1377 were harmonized.

Cross references: For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1319, see section 1 of chapter 200, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1237, see section 1 of chapter 279, Session Laws of Colorado 2024.

24-32-705.5. Annual public report on funding of affordable housing preservation and production - definitions - repeal. (1) Commencing in 2021 and every year thereafter, as part of the department's presentation to its joint committees of reference at a hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act, in accordance with this section, the division shall prepare a public report that specifies the total amount of money that:

(a) The division or the board was appropriated, awarded, allocated, or transferred from any federal, state, other public, or any private source during the prior fiscal year that may be used for the preservation or production of emergency or affordable housing;

(b) The division or the board has awarded from any federal, state, other public, or any private source during the prior fiscal year in the form of a grant, contract, or loan to promote the preservation or production of emergency or affordable housing;

(c) The division expended during the prior fiscal year on administrative costs associated with each funding source identified in subsection (1)(a) of this section and the number of full-time employees supported by the funding source identified; and

(d) The division uses of existing state and federal funds to provide the best use of subsidies to maximize unit production including developments in high-need, difficult-to-develop areas, and confirmation of rules and practices that ensure developments are not disqualified from further support from the division or the office of economic development based on prior receipt of money pursuant to article 32 of title 29.

(1.3) For the public report required pursuant to subsection (1) of this section, for 2025 and each year thereafter, the division shall include the following information concerning any affordable housing program administered by the division in the year preceding the year in which the public report is presented:

(a) The number of applications, by program, submitted to the division;

(b) The number of applications approved by the division, by program;

(d) The aggregate amount of money awarded for all approved applications;

(e) The aggregate amount of money applied for but not awarded for all denied applications, by program; and

(f) The number of applications, by program, pending review and the aggregate amount of money applied for in all pending applications at the time of the public report.

(1.5) (a) For the public report required pursuant to subsection (1) of this section, for 2025 and each year thereafter, the division shall include the following information concerning the fund:

(I) The total amount of revenue in the fund and an identification of each source of all revenue in the fund categorized by the amount of revenue that is attributable to each source;

(II) The total amount of money in the fund;

(III) The aggregate amount of money in the fund encumbered by an award letter and the aggregate amount of money in the fund encumbered by an executed contract for grants from the fund;

(IV) The aggregate amount of money in the fund encumbered in the year prior to the year in which the public report is prepared that was unencumbered in any year prior to the reporting year;

(V) The amount of unencumbered money in the fund at the time the public report is prepared;

(VI) The amount of money transferred from the fund to any other fund in the year prior to the year in which the public report is prepared and an identification of the funds to which money from the fund was transferred;

(VII) The number of contracts drafted and executed for loans or grants from the fund and the number of days it took to execute each contract. If the average number of days to execute contracts included in the report is more than ninety days, the division shall include an explanation regarding this average and a plan to reduce the average to ninety days or less.

(VIII) The average number of days to produce preliminary versions of contracts after money in the fund is awarded to recipients. If the average number of days to produce preliminary versions of contracts included in the report is more than thirty days, the division shall include an explanation regarding this average and a plan to reduce the average to thirty days or less.

(IX) The average number of days for recipients to receive signed contracts after the contracts are approved and terms are finalized by the division and the recipient. If the average number of days for recipients to receive signed contracts after the contracts are approved and terms are finalized is more than ten days, the division shall include an explanation regarding this average and a plan to reduce the average to ten days or less.

(b) As used in this subsection (1.5), unless the context otherwise requires, fund means the housing development grant fund created in section 24-32-721 (1).

(2) With respect to any funding award made by the division or the board to promote the preservation or production of emergency or affordable housing in the form of a grant or loan, the report must identify the:

(a) Applicant for the award;

(b) Name of the project being funded by the award;

(d) Amount of award funding that was requested for the project identified at the time the final application was submitted;

(e) Amount of funding awarded through the grant or loan;

(f) Total cost of the entire project being funded by the award;

(g) Municipality and county in which the project being funded by the award is located;

(h) Type of housing solution being funded by the award, such as homeownership, rental, emergency, or affordable housing;

(i) Purpose of the award, such as new construction of housing, preservation of existing housing, down payment assistance, land acquisition, or repairs of owner-occupied housing; and

(j) Number of housing units built, acquired, rehabilitated, or preserved by the award.

(3) Each report must also provide a summary describing the source and amount of all funding appropriated, re-appropriated, transferred, or otherwise made available to the division of housing that may be used for the preservation or production of emergency or affordable housing.

(3.3) For the public report required by subsection (1) of this section, the division must include, on an annual basis, the information required to be included in accordance with section 24-32-731 (10).

(3.5) For the public report required by subsection (1) of this section, the division shall include in the report for each year of the connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program's operation, the information required pursuant to section 24-32-732.

(3.7) (a) For the public report required by subsection (1) of this section that the division is required to prepare in 2023 and 2024, the division shall include in the report for each year the information required to be included in the report in accordance with section 23-32-729 (5).

(b) This subsection (3.7) is repealed, effective July 1, 2026.

(4) The division shall post the most recent version of the annual public report it has prepared as required under subsection (1) of this section in a prominent place on the division's website. In addition, on an annual basis, the division shall deliver a copy of the most recent version of the report to the board as well as to the joint committees of reference for purposes of the hearing held pursuant to section 2-7-203 (2)(a) of the State Measurement for Accountable, Responsive, and transparent (SMART) Government Act.

(5) Notwithstanding section 24-1-136 (11)(a)(I), the requirement to submit the report required by subsection (1) of this section continues indefinitely.

(6) As used in this section,affordable housing means any current or prospective structure that has benefitted from, or that may benefit from, the award of a place-based grant or loan by the division. For purposes of this section, affordable housing includes permanent residences, such as rental or for-sale housing inhabited by low-, moderate-, and middle- income households, as well as temporary and emergency housing such as transitional housing and shelters and households that will benefit from down payment assistance.

Source: L. 2021: Entire section added, (HB 21-1028), ch. 396, p. 2632, � 1, effective September 7. L. 2022: (3.3) added, (SB 22-159), ch. 230, p. 1706, � 4, effective May 26; (3.5) added, (HB 22-1377), ch. 285, p. 2045, � 4, effective May 31; (3.7) added, (HB 22-1304), ch. 290, p. 2079, � 4, effective June 1. L. 2024: (1)(b) and (1)(c) amended and (1)(d), (1.3), and (1.5) added, (HB 24-1308), ch. 295, p. 2009, � 3, effective August 7.

Cross references: For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.

24-32-705.7. Application process for all affordable housing programs administered by the division of housing - rules - definitions. (1) As used in this section, unless the context otherwise requires:

(a) Affordable housing has the same meaning as set forth in section 24-32-705.5 (6).

(b) Affordable housing program means:

(I) Money loaned from the housing investment trust fund created in section 24-32-717 (1)(a);

(II) Any program that uses money from the housing development grant fund created in section 24-32-721 (1);

(III) The affordable housing guided toolkit and local officials guide program created in section 24-32-721.7 (1)(a);

(IV) The local investments in transformational affordable housing grant program created in section 24-32-729 (2)(a);

(V) The transformational affordable housing revolving loan fund program created in section 24-32-731 (2)(a); and

(VI) Any other program administered or implemented by the division that is related to affordable housing development.

(2) Notwithstanding any provision of law to the contrary, all affordable housing programs administered or implemented by the division that require an application process are subject to the provisions of this section.

(3) (a) The division shall receive applications for affordable housing programs not less than once per quarter where a quarter is every three months beginning in July. The division shall publish the application schedule for the second half of state fiscal year 2024-25 no later than November 1, 2024, and shall publish the application schedule for each subsequent state fiscal year no later than May 1 of the preceding state fiscal year and shall update the schedule no later than sixty days before the start of the next quarter. If for any affordable housing program the division will not be accepting applications for an upcoming quarter, the division shall post notice of this on its website and include an explanation of why applications for the affordable housing program will not be accepted, which may include there being insufficient revenue to provide funding for the affordable housing program. Not later than ten calendar days from the date that a quarterly application period closes, the division shall complete the reviewing of all applications submitted in the application period for completeness and issue any requests for additional information, forms, or questions to the applicants, as necessary.

(b) (I) Within forty-five calendar days after a complete application is received by the division, and no more than forty-five calendar days after the seventeenth calendar day following the date an application is submitted, the division shall complete any additional review of an application that may be required after its initial review required by subsection (3)(a) of this section and either send all applications it deems complete to the board for final decision or make a final decision on applications it deems complete, as applicable. If the division is unable to send an application to the board within forty-five days, the division shall notify the applicant of the delay with an explanation for the delay and the date that the division will send the application to the board.

(II) The board shall meet and make a final decision on completed applications submitted to it from the division at the next regularly scheduled meeting of the board.

(c) (I) If the final decision on an application is approval of the application by the board or the division, as applicable, the division shall notify the approved applicant in writing in accordance with subsection (3)(c)(II) of this section and within thirty calendar days provide the approved applicant with a preliminary draft of any required contracts for loans or grants awarded pursuant to an affordable housing program, if applicable. The division has ninety days from the date of receiving a substantially complete post-award due diligence package from the approved applicant, or if no post-award due diligence is required then ninety days from the date of the end of the thirty-day period, to finalize any terms and conditions of approved loans or grants pursuant to an affordable housing program and execute any required contracts, but the ninety day period pauses for the period of time an approved applicant receives a preliminary draft from the division of any required contract for the affordable housing program until the division receives the executed contract from the approved applicant. The division shall provide executed contracts to an approved applicant within ten calendar days of finalizing the contract.

(II) Letters of approval required by subsection (3)(c)(I) of this section must include information concerning:

(A) The timeline for issuance of money as approved by the division or the board pursuant to the affordable housing program;

(B) Any terms for the loan or grant period; and

(C) Any conditions that the approved applicant must meet or provide prior to the execution of contracts for the loan or grant pursuant to the affordable housing program, including closing or curing any outstanding awards under other affordable housing programs.

(d) (I) Any changes to the terms of an approved loan or grant pursuant to an affordable housing program by the division must be made to an approved applicant within ten calendar days of the date the division issues a letter of approval required pursuant to subsection (3)(c)(I) of this section.

(II) Notwithstanding the provisions of subsection (3)(d)(I) of this section, an approved applicant may request changes to the terms of an approved loan or grant at any time before the contract is finalized and the division shall review and respond to any requests for changes made after approval of the loan or grant but before the contract is finalized within thirty days. A request for changes by an approved applicant may extend any applicable time period set forth in subsection (3)(c)(I) by not more than thirty days.

(4) The division may promulgate rules for the implementation of this section in accordance with article 4 of this title 24.

Source: L. 2024: Entire section added, (HB 24-1308), ch. 295, p. 2011, � 4, effective August 7.

Cross references: For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024.