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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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Georgia Tech Officially Announces The Addition of Colorado Transfer Luke O’Brien

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Georgia Tech Officially Announces The Addition of Colorado Transfer Luke O’Brien


Georgia Tech had already announced the addition of one big time transfer (Oklahoma guard Javian McCollum) this spring, but they announced their other big addition today, Colorado transfer Luke O’Brien.

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O’Brien has played 111 games in his college career, and the Buffaloes earned bids to the NCAA Tournament and NIT twice each during his career. He helped lead Colorado to a school-record 26 wins in 2023-24, advancing to the championship game of the Pac-12 Tournament and earning a berth in the NCAA Tournament. He played in 35 games, starting 19, including the final 10 of the season.

“Luke brings good experience and shooting to our team,” said Tech head coach Damon Stoudamire. ”He’s played in the NCAA tournament and knows what it takes to compete and win at a high level. His leadership will be invaluable as we go into the 2024-25 season.”

The Littleton, Colo., native averaged career bests in points (6.7) and rebounds (3.8), while connecting on 45.6 percent of his shots from the floor, 37.6 percent from three-point range and 65.8 percent from the foul line. O’Brien scored in double digits 10 times, two of those against Pac-12 teams and one in Colorado’s second-round NCAA Tournament win over Florida, when he went 5-for-5 from the floor and scored 12 points. After the season, O’Brien was awarded the team’s Tebo P.A.S.S. Award, given to the player who best exemplifies the virtues of Perseverance, Attitude, Selflessness and Success.

As a junior, O’Brien led the Colorado team in total rebounds (185) with his 5.6 average ranking second. He topped the Buffaloes in rebounds 12 times, including 10 of the final 15 games of the season. He started 10 games, including seven of the last 10. He averaged 9.0 points and 8.0 rebounds over the team’s final seven games.

O’Brien is the second transfer to commit to the Yellow Jackets, joining 6-2 guard Javian McCollum from Oklahoma. They join a team bolstered by a recruiting class that has been rated the 12th-best in the nation with high school prospects Cole Kirouac, a 6-11 center from Cumming, Ga., who attended Brewster Academy in Wolfeboro, N.H., his senior year, Jaeden Mustaf of Bowie, Md., a 6-4 guard who also attended Overtime Elite, Doryan Onwuchekwa, a 6-11 center from DeSoto, Texas who attended Faith Family Academy of Oak Cliff, and Darrion Sutton, a 6-8 forward from St. Louis, Mo., who attends Overtime Elite in Atlanta (All Stats and Info Courtesy Of Georgia Tech Athletics).

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Colorado family says street racing led to death of beloved grandfather

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Colorado family says street racing led to death of beloved grandfather


A Colorado family is pleading for answers and accountability after they say a beloved grandfather was killed near his home in Adams County because of cars street racing.

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Zamora Hernandez

CBS


“He didn’t deserve to be hit like that,” said Anthony Herrera.

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Herrera says 63-year-old Joseph Zamora Hernandez was his wife’s grandfather. He was also a man who showed selflessness in the community he helped cultivate at the Delux RV Park off Federal Boulevard.

“He has lived here for 15 years and out of the 15 years, he has fed the homeless. He had Thanksgiving dinner for them every year,” said Herrera. He took care of a lot of women that were on drugs [and] tried to get them off of drugs.”

“Everyone knew him. He was the guy always willing to jump in and help out,” said Celeste Tanner, who part-owns and helps operate the RV park.

However, Hernandez’s life of giving back and serving his community in unincorporated Adams County came to a screeching halt last month.

“To just know that he walked his dogs every day, and he’s just on the sidewalk and all of a sudden he’s gone, that’s a really tough moment,” said Tanner.

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“I’m still shaken up about the whole thing,” said Herrera.

A spokesperson for Colorado State Patrol tells CBS Colorado Hernandez was struck and killed on April 7 by a car at Federal Boulevard and West 55th Avenue following a conflict between two cars driving northbound. The incident happened at around 7:45 

p.m. One vehicle swerved to avoid a collision and struck Hernandez on the sidewalk. Only the car that struck Hernandez stayed on the scene.

“Right around the time he got hit, he would walk his dogs before bed. That was his routine. he was a routine guy,” said Herrera.

Nearly a month later, Herrera says there is more to his grandfather’s death. Surveillance video shared by a nearby business captured the moments before the crash. Two cars can be seen driving northbound at high speeds. Herrera says they appear to be racing.

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CBS


In another video taken from one of the homes at the trailer park, you can see as the white car screeching just before crashing into Hernandez.

“He flew another 20 feet into the sign,” said Hernandez, pointing to the sign for the RV park.

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CBS


Herrera and other residents in the area say racing is becoming more and more of a problem on this stretch of road.

“It’s really concerning honestly. We fully support any way to kind of promote the traffic safety on Federal Boulevard,” said Tanner.

Herrera not only wants to see more safety changes to prevent racing, but he also hopes police can hold those who killed his grandfather accountable.

Everybody needs to be witnesses to more of this [racing]. It needs to stop. It’s not just this accident. There’s a lot of people dying,” said Herrera. This tragedy can be prevented if other people see it and humble themselves, as well, and not do this kind of racing, because it’s dangerous.”

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Colorado State Patrol says they are still investigating this crash and looking at aggressive driving as a possible cause.

The family is hoping more people will speak up if they were witnesses to the incident and can confirm that street racing was involved or have information on the other car who fled the scene.



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Disagreement, decency can coexist if clarity cures Colorado’s cowardice | DUFFY

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Disagreement, decency can coexist if clarity cures Colorado’s cowardice | DUFFY







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Sean Duffy



Is there still hope for decency in disagreement?

This week, on campuses from UCLA to Columbia to Auraria here in Colorado, the wave of anti-Israel protests has again demonstrated the far left in America has little concern for who or what it abuses or destroys. 

Will Colorado’s civic and higher education leaders — near-all liberals — stand for decency, enforce the law and allow students who just want to peacefully complete the semester the right to do so? Will they enforce the boundaries that allow for discourse without disorder? 

Other liberals have done so. Will Colorado cower and coast, tolerating what cannot be tolerated? 

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The Auraria Campus is home to three universities — the University of Colorado Denver, Metro State and the Community College of Denver, with about 38,000 students spread across the three institutions.  

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Here is the challenge: The vast majority of Auraria students, many from working-class backgrounds and communities of color, are seeking to better themselves through higher education. And their path to progress is overshadowed by dozens of misguided squatters craving attention, soiling themselves (literally and figuratively), wallowing in the mud of their anti-Semitism. 

It is unacceptable and cannot be tolerated. 

Here and elsewhere, Jewish students and faculty live in fear of harassment and physical violence. Unlike the snowflakes who are “triggered” when a professor “misgenders” them, these men and women deserve a real safe space. 

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And unlike a century ago, we cannot sit in silence when anti-Semites spew their sewerage.

At the Auraria encampment, Denver Mayor Michael Johnston turned up — back from Detroit and the NFL Draft where he got himself on national television jumping about in a Broncos jersey. In his encampment walkabout, Johnston gave a weak plea to pretty please get off the lawn and hustled out of the way. Apparently, he has not returned. 

Gov. Jared Polis, who appoints the head of the state’s Department of Higher Education and the members of virtually all university governing boards, has been quiet. His self-congratulating new program touting ways to “disagree better” could be put to good use, in a setting more combustible than nice dinners with the governor of Utah. 

What we are wrestling with is not, at its core, a polite give-and-take about the contours of Middle East policy, debates that have consumed entire American presidencies for decades. It’s not new: Moses and Pharaoh had a similar and memorable dispute. 

What this is about is in a nation with robust and thorough constitutional protections for the right to assemble, protest and dissent… but those protections don’t extend to creating your own laws, or your own tent cities, or threatening disorder, assault or murder.

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It is not hard. It just takes, to use a term anti-Israel protestors will not like, chutzpah. 

University of Florida President Ben Sasse, who has written excellent books about the demise of civility in American life, showed higher education can protect free speech without having to coddle and cuddle those who break the law. He had the university issue a statement explaining it is “not a daycare and we do not treat protestors like children.” 

If you cannot attend your university in safety, your government has failed you.  If you cannot go to a public event because local authorities are unable, or unwilling, to ensure your security, your government has failed you. 

The left condoned this behavior four years ago as violent mobs “redecorated” the Colorado Capitol and ignorantly tore down a non-Confederate statue in the name of racial healing. Elected leaders then were cowardly, afraid to separate legitimate debate from base violent vandalism. 

So here we are on the cusp of, as Yogi Berra said, “déjà vu all over again.”

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What we are witnessing is a moral gangrene, rotting away the connective tissue of decency that links Americans, and gives life to robust discourse in the public square. It is a decay that cannot be left unaddressed, hoping it will just heal itself. In any spreading disease, strong and necessary intervention is needed. 

Leaders make their mark in tough times by standing tall in the arena. Many Democrats, particularly in New York, are rising to the occasion, asserting bedrock American values that disagreement and dissent must be rooted in decency. 

So far, in Colorado, we are being led by spineless pygmies.

Sean Duffy, a former deputy chief of staff to Gov. Bill Owens, is a communications and media relations strategist and ghostwriter based in the Denver area.



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