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Can Colorado cities prevent thousands of apartments from losing affordability protections?

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Can Colorado cities prevent thousands of apartments from losing affordability protections?


Nine years ago, one of Silverthorne’s few income-restricted housing properties was sold to a private firm. The sale — at a price that was double the property’s assessed value — raised worries in the high-cost mountain community that the new owner of the Blue River Apartments might lift rent caps that had kept its 78 units affordable when the requirements lapsed.

That expiration had been set for this year, and local officials were sufficiently concerned that they struck a deal with the new Greenwood Village-based owners to extend the affordability protections through at least the end of 2025, in exchange for $650,000.

But if the town had known about the sale ahead of time back in 2015, said Ryan Hyland, Silverthorne’s town manager, then officials could have tried to cobble together the money to buy the apartment complex — or arrange its sale to someone else.

As Colorado faces a tidal wave of expiring affordability requirements in the coming years, state lawmakers hope to give local authorities the opportunity Silverthorne didn’t have. House Bill 1175, which has already passed the House, would grant municipalities a right of first refusal to buy subsidized-housing properties when they come up for sale and would also require more notice of expiring affordability covenants.

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Once the owner reached a price with a private buyer, the town or city — or a group acting on its behalf — could step in and match the offer, ensuring the units wouldn’t convert to market-rate rents once affordability requirements expire.

“When those expire, (the new owner) could be charging market rents. That’s a smart business decision, if you’re purchasing a property and if you’ve got that on the horizon,” Hyland said. “As you can imagine, there’s those types of deals that happen and the local government has no idea they’re happening, so there’s no opportunity for conversation.”

In the case of Blue River Apartments, as the initial expiration date approached, the president of Tralee Capital in 2020 told the Summit Daily that he wasn’t ready to say how the rental rates would change.

The bill passed the House 38-23 earlier this month and is now headed to the state Senate. It’s the second attempt by a group of Democratic lawmakers to pass a right-of-first-refusal policy, which they say would give local governments the chance to protect renters from for-profit developers that purchase properties and hike rents.

The first swing at passing the policy was a more expansive approach that also would have applied to sales of market-rate buildings. It passed the legislature last year after extensive debate and negotiations.

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But business groups successfully lobbied Gov. Jared Polis to veto it, sparking sharp criticism from the Democratic legislators who backed it.

The veto spurred supporters to narrow their approach this year. They focused on preserving the state’s existing subsidized housing stock, which is in danger of shrinking in coming years, said Rep. Andy Boesenecker, a Fort Collins Democrat.

Colorado is home to roughly 111,000 subsidized units with affordability requirements, according to Colorado Housing and Finance Authority data. It’s expensive and complicated to build subsidized housing projects, and developers lean largely on federal tax credits to make the financing work.

Those tax credits include requirements that rental rates be capped based on certain income levels.

But the requirements are time-limited, often lasting at least 30 years. In the coming decade, 15,000 affordable units here will no longer be subject to the caps that keep them within reach for lower-income Coloradans.

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That doesn’t mean those properties will immediately be sold or switched to market-rate rents or prices. But the looming expirations are a warning sign for housing advocates as they scramble to protect the state’s affordable housing stock.

When subsidized properties with expiring affordability requirements are purchased by private companies, “we see quick and significant increases in rent — we see less of an investment in maintaining the property and caring for residents,” said Kinsey Hasstedt, the senior program director for state and local policy at Enterprise Community Partners. “So we are trying to disrupt that.”

AAron Ontiveroz, Denver Post file

Sherelle Slater and her daughter Charlie play outside of their apartment in Denver this 2015 file photo. They lived in income-restricted housing on 52nd Avenue near Federal Boulevard. Denver City Council later approved an expanded ordinance that aims to preserve affordable housing, including by giving the city a right of first refusal to buy expiring properties. (Photo by AAron Ontiveroz/Denver Post file)

Preserving housing or chilling markets?

Opponents and skeptics, representing business groups and property owners, have argued that the bill would hamper development in the state.

“Our biggest fear all along with this has been: Are we going to create a chilling effect on capital and the markets, and then we won’t get the results that we want, which is more housing in the marketplace?” said Ted Leighty, the CEO of the Colorado Association of Home Builders, in testimony during an initial committee hearing in February.

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But supporters say preserving subsidized housing is particularly important now — not only because of the expiring affordability requirements but also because of Polis’ preferred solution to the housing crisis: more housing, built more densely, across Colorado cities.

While some of the advocates backing the right-of-first-refusal bill also support Polis’ land-use reforms, that policy approach, if successful, will take years to bear fruit. They repeatedly have stressed the need to provide help in the meantime, given the severity of the state’s housing affordability crisis.

“We have to start by preserving the existing affordable housing that we have,” Hasstedt said. “Otherwise, we’re just going to keep digging the hole deeper, and we’re never going to get out of it.”

The change in approach, along with amendments made during the bill’s journey through the House this year, has successfully neutralized some of last year’s opposition, including from groups representing bankers and title insurers.

But other old foes, including the Colorado Apartment Association and the powerful business group Colorado Concern, remain opposed. So do Republican legislators, who view the bill as an encroachment on property owners’ rights.

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“If you’re thinking about investing $20 million into an affordable project in Colorado, then you’re still concerned about having this cloud on the title of what you develop, and (some may decide) to go elsewhere because of it,” said Drew Hamrick, the senior vice president of governmental affairs for the apartment association. “We still believe and worry about the stigmatizing effect it has on housing investment.”

Hamrick argued that the policy would depress prices on developments because would-be buyers wouldn’t invest as much time or money in researching and bidding on properties that may end up being owned by a local government anyway.

He said he supported another  piece of the bill that would give local governments a “right of first offer” on for-sale, market-rate properties. But he was flatly opposed to the rest.

Other groups and entities seeking changes to the bill have links to high-profile developers and property owners.

The path to governor’s desk

The bill now heads to the Senate, where the broader measure passed last year after delays and negotiations. If the new version passes, the bill will enact the first statewide right of first refusal of its kind in the country.

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Some cities, counties and housing organizations have a version of the policy, and lawmakers in Maryland have advanced legislation that includes a right of first refusal for tenants to buy their residences.

Denver also has a similar policy that seeks to preserve subsidized housing properties. Renee Gallegos, the deputy director of housing opportunity for the city’s Department of Housing Stability, said it had been used twice in recent years, via a nonprofit partner, to buy properties and sell them as condos with affordability requirements.

Should HB-1175 clear the Senate, the final say would again rest with Polis.

In his veto letter last June, he said he didn’t support a right of first refusal “that adds costs and time to transactions.” Sponsors this year have worked to trim the timelines in the bill, expediting sales as well as local governments’ decisions on whether to exercise their right to step in.

In a statement to The Denver Post on Friday, Polis spokeswoman Shelby Wieman said the governor “appreciates the dialogue happening with sponsors and all stakeholders” and that Polis “will continue to monitor this bill as it moves through the legislative process.”

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Colorado attorney general expands lawsuit to challenge Trump ‘revenge campaign’ against state

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Colorado attorney general expands lawsuit to challenge Trump ‘revenge campaign’ against state


Attorney General Phil Weiser on Thursday expanded a lawsuit filed to keep U.S. Space Command in Colorado to now encapsulate a broader “revenge campaign” that he said the Trump administration was waging against Colorado.

Weiser named a litany of moves the Trump administration had made in recent weeks — from moving to shut down the National Center for Atmospheric Research to putting food assistance in limbo to denying disaster declarations — in his updated lawsuit.

Colorado Attorney General Phil Weiser speaks during a news conference at the Ralph Carr Judicial Center in Denver on Tuesday, July 22, 2025. (Photo by Hyoung Chang/The Denver Post)

He said during a news conference that he hoped both to reverse the individual cuts and freezes and to win a general declaration from a judge that the moves were part of an unconstitutional pattern of coercion.

“I recognize this is a novel request, and that’s because this is an unprecedented administration,” Weiser, a Democrat, said. “We’ve never seen an administration act in a way that is so flatly violating the Constitution and disrespecting state sovereign authority. We have to protect our authority (and) defend the principles we believe in.”

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The lawsuit, filed in U.S. District Court in Denver, began in October as an effort to force the administration to keep U.S. Space Command in Colorado Springs. President Donald Trump, a Republican, announced in September that he was moving the command’s headquarters to Alabama, and he cited Colorado’s mail-in voting system as one of the reasons.

Trump has also repeatedly lashed out over the state’s incarceration of Tina Peters, the former county clerk convicted of state felonies related to her attempts to prove discredited election conspiracies shared by the president. Trump issued a pardon of Peters in December — a power he does not have for state crimes — and then “instituted a weeklong series of punishments and threats targeted against Colorado,” according to the lawsuit.

The lawsuit cites the administration’s termination of $109 million in transportation grants, cancellation of $615 million in Department of Energy funds for Colorado, announcement of plans to dismantle NCAR in Boulder, demand that the state recertify food assistance eligibility for more than 100,000 households, and denial of disaster relief assistance for last year’s Elk and Lee fires.

In that time, Trump also vetoed a pipeline project for southeastern Colorado — a move the House failed to override Thursday — and repeatedly took to social media to attack state officials.

The Trump administration also announced Tuesday that he would suspend potentially hundreds of millions of dollars of low-income assistance to Colorado over unspecified allegations of fraud. Those actions were not covered by Weiser’s lawsuit, though he told reporters to “stay tuned” for a response.

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US Fish and Wildlife backed Colorado plan to get wolves from Canada before new threats to take over program, documents show

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US Fish and Wildlife backed Colorado plan to get wolves from Canada before new threats to take over program, documents show


The U.S. Fish and Wildlife Service backed Colorado’s plan to obtain wolves from Canada nearly two years before the federal agency lambasted the move as a violation of its rules, newly obtained documents show.  

In a letter dated Feb. 14, 2024, the federal agency told Colorado state wildlife officials they were in the clear to proceed with a plan to source wolves from British Columbia without further permission.

“Because Canadian gray wolves aren’t listed under the Endangered Species Act,” no ESA authorization or federal authorization was needed for the state to capture or import them in the Canadian province, according to the letter sent to Eric Odell, CPW’s wolf conservation program manager. 

The letter, obtained by The Colorado Sun from state Parks and Wildlife through an open records request, appears to be part of the permissions the state received before sourcing 15 wolves. The agency also received sign-offs from the British Columbia Ministry of Land, Water and Resource Stewardship and the Convention on International Trade in Endangered Species of Wild Flora and Fauna.  

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In mid-December, however, the Fish and Wildlife Service pivoted sharply from that position, criticizing the plan and threatening to take control over Colorado’s reintroduction. 

In a letter dated Dec. 18, Fish and Wildlife Service Director Brian Nesvik put CPW on alert when he told acting CPW Director Laura Clellan that the agency violated requirements in a federal rule that dictates how CPW manages its reintroduction. 

Colorado voters in 2020 directed CPW to reestablish gray wolves west of the Continental Divide, a process that has included bringing wolves from Oregon in 2023 and British Columbia in 2025.

A gray wolf is carried from a helicopter to the site where it will be checked by CPW staff in January 2025. (Colorado Parks and Wildlife photo)

The federal rule Nesvik claims CPW violated is the 10(j). It gives Colorado management flexibility over wolves by classifying them as a nonessential experimental population within the state of Colorado. Nesvik said CPW violated the 10(j) by capturing wolves from Canada instead of the northern Rocky Mountain states of Montana, Wyoming, Idaho, Washington, eastern Oregon and north-central Utah “with no warning or notice to its own citizens.” 

CPW publicly announced sourcing from British Columbia on Sept. 13, 2024, however, and held a meeting with county commissioners in Rio Blanco, Garfield, Pitkin and Eagle counties ahead of the planned releases last January. The agency also issued press releases when the operations began and at the conclusion of operations, and they held a press conference less than 48 hours later.

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Nesvik’s December letter doubled down on one he sent CPW on Oct. 10, after Greg Lopez, a former Colorado congressman and 2026 gubernatorial candidate, contacted him claiming the agency violated the Endangered Species Act when it imported wolves from Canada, because they lacked permits proving the federal government authorized the imports. 

That letter told CPW to “cease and desist” going back to British Columbia for a second round of wolves, after the agency had obtained the necessary permits to complete the operation. Nesvik’s reasoning was that CPW had no authority to capture wolves from British Columbia because they aren’t part of the northern Rocky Mountain region population.  

But as regulations within the 10(j) show, the northern Rocky Mountain population of wolves “is part of a larger metapopulation of wolves that encompasses all of Western Canada.” 

And “given the demonstrated resilience and recovery trajectory of the NRM population and limited number of animals that will be captured for translocations,” the agencies that developed the rule – Fish and Wildlife with Colorado Parks and Wildlife – expected “negative impacts to the donor population to be negligible.” 

So despite what Nesvik and Lopez claim, “neither identified any specific provision of any law – federal, state or otherwise – that CPW or anyone else supposedly violated by capturing and releasing wolves from British Columbia,” said Tom Delehanty, senior attorney for Earthjustice. “They’ve pointed only to the 10(j) rule, which is purely about post-release wolf management, and  applies only in Colorado.” 

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More experts weigh in 

In addition to the 2024 letter from the Fish and Wildlife Service, documents obtained by The Sun include copies of permits given to CPW by the Ministry of British Columbia to export 15 wolves to the United States between Jan. 12 and Jan. 16, 2025. 

These permits track everything from live animals and pets to products made from protected wildlife including ivory. 

The permit system is the backbone of the regulation of trade in specimens of species included in the three Appendices of the Convention on International Trade in Endangered Species, also called CITES. A CITES permit is the confirmation by an issuing authority that the conditions for authorizing the trade are fulfilled, meaning the trade is legal, sustainable and traceable in accordance with articles contained within the Convention. 

An image that looks to be from a security camera shows a wolf looking straight at the camera
Gray wolf sits in a temporary pen awaiting transport to Colorado during capture operations in British Columbia in January 2025. (Colorado Parks and Wildlife)

Gary Mowad, a former U.S. Fish and Wildlife agent and expert on Endangered Species Act policies, said “obtaining a CITES certificate is unrelated to the 10j rule” and that in his estimation, CPW did violate both the terms of the 10(j) and the memorandum of agreement with the Fish and Wildlife Service, because “the 10(j) specifically limited the populations from where wolves could be obtained, and Canada was not authorized.” 

Mike Phillips, a Montana legislator who was instrumental in Yellowstone’s wolf reintroduction that began in 1995, thinks “the posturing about a takeover seems like just casually considered bravado from Interior officials.” 

And Delahanty says “Nesvik and Lopez are making up legal requirements that don’t exist for political leverage in an effort that serves no one. It’s unclear what FWS hopes to accomplish with its threatening letter,” but if they rescind the memorandum of agreement, “it would cast numerous elements of Colorado’s wolf management program into uncertainty.” 

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Looking forward 

If Fish and Wildlife does as Nesvik’s letter threatens and revokes all of CPW’s authority over grey wolves in its jurisdiction, “the service would assume all gray wolf management activities, including relocation and lethal removal, as determined necessary,” it says. 

But Phillips says “if Fish and Wildlife succeeds in the agency’s longstanding goal of delisting gray wolves nationwide,” a proposition that is currently moving through Congress, with U.S. Rep. Lauren Boebert’s Pet and Livestock Protection Act bill, the agency couldn’t take over Colorado’s wolf program. That’s because “wolf conservation falls back to Colorado with (its voter-approved) restoration mandate.” And “the species is listed as endangered/nongame under state law,” he adds. 

If the feds did take over, Phillips said in an email “USFWS does not have staff for any meaningful boots-on-the-ground work.” Under Fish and Wildlife Service control, future translocations would probably be “a firm nonstarter,” he added, “but that seems to be the case now.” 

A big threat should Fish and Wildlife take over is that lethal removal of wolves “in the presence of real or imagined conflicts might be more quickly applied,” Phillips said. 

A gray wolf with black markings crosses a snowy area into a patch of shrubs.
A gray wolf dashes into leafless shrubs. It is one of 20 wolves released in January 2025, 15 of which were translocated from British Columbia (Colorado Parks and Wildlife photo)

But it would all be tied up in legal constraints, given that gray wolves are still considered an endangered species in Colorado, and requirements of the 10(j) and state law say CPW must advance their recovery. 

So for now, it’s wait and see if CPW can answer Fish and Wildlife’s demand that accompanies Nesvik’s latest letter. 

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Nesvik told the agency they must report “all gray wolf conservation and management activities that occurred from Dec. 12, 2023, until present,” as well as provide a narrative summary and all associated documents describing both the January 2025 British Columbia release and other releases by Jan. 18., or 30 days after the date on his letter. If they don’t, he said, Fish and Wildlife “will pursue all legal remedies,” including “the immediate revocation of all CPW authority over gray wolves in its jurisdiction.” 

Shelby Wieman, a spokesperson for Gov. Jared Polis’ office, said Colorado disagrees with the premise of Nesvik’s letter and remains “fully committed to fulfilling the will of Colorado voters and successfully reintroducing the gray wolf population in Colorado.” 

And CPW maintains it “has coordinated with USFWS throughout the gray wolf reintroduction effort and has complied with all applicable federal and state laws. This includes translocations in January of 2025 which were planned and performed in consultation with USFWS.”



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Avalanche To Play Mammoth in 2027 Discover Winter Classic in Salt Lake City | Colorado Avalanche

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Avalanche To Play Mammoth in 2027 Discover Winter Classic in Salt Lake City | Colorado Avalanche


NEW YORK – The National Hockey League announced today that the Colorado Avalanche will be the visiting team in the 2027 Discover Winter Classic and play the Utah Mammoth at the University of Utah’s Rice-Eccles Stadium in Salt Lake City. Additional details for the game, including ticketing information, date and start time, will be announced at a later date.

The 2027 Winter Classic marks the first time the Avalanche will play in the event and will be the fourth ever outdoor game the franchise plays in and the first one they’ll compete as the visiting team. Colorado hosted the Detroit Red Wings at Coors Field in the Stadium Series on Feb. 27, 2016, the Los Angeles Kings for the 2020 Stadium Series at Air Force Academy’s Falcon Stadium on Feb. 15, and the Vegas Golden Knights at Edgewood Tahoe Resort for the NHL Outdoors at Lake Tahoe event on Feb. 20, 2021.

“We’re excited and honored that the League selected us for the Winter Classic,” said Avalanche President of Hockey Operations Joe Sakic. “The Avalanche organization is always proud to be in consideration for marquee events like this. We’re looking forward to being matched up with a great team and represent the Rocky Mountain region in a game that appeals to these two markets in this part of the country.”

The Avalanche are 1-2-0 all-time in outdoor games but captured the most recent one at Lake Tahoe by a 3-2 score.

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Colorado has faced the Mammoth six times since their inception ahead of the 2024-25 campaign, and the Avalanche have posted a 4-1-1 record. The club also owns a 2-0-1 record against Utah this season, which includes beating them in the home opener when Nathan MacKinnon became the first player in NHL history to record a game-winning goal against 32 franchises.



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