NOTE:  This bill has been prepared for the signature of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
      history, or the Session Laws.
      
      
      HOUSE BILL 10-1017
      
      
      BY REPRESENTATIVE(S) Kagan, Gagliardi, Casso, Fischer,
      Hullinghorst, Kefalas, Labuda, Levy, Ryden, Weissmann, Pommer, Vigil;
      also SENATOR(S) Boyd, Carroll M., Hudak, Sandoval, Schwartz,
      Shaffer B., Steadman.
      
      
      Concerning authorization for certain public entities to enter into
           voluntary agreements affecting rent on private residential
           property.
      
      
      Be it enacted by the General Assembly of the State of Colorado:
      
           SECTION 1.  38-12-301, Colorado Revised Statutes, is amended to
      read:
      
           38-12-301.  Control of rents by counties and municipalities
      prohibited.  (1)  The general assembly finds and declares that the
      imposition of rent control on private residential housing units is a matter of
      statewide concern; therefore, no county or municipality may enact any
      ordinance or resolution which that would control rents rent on either
      private residential property or a private residential housing unit.
      
           (2)  For purposes of subsection (1) of this section, an
      ordinance or resolution that would control rent on either
      private residential property or a private residential housing unit
      shall not include:
      
           (a)  A voluntary agreement between a county or
      municipality and a permit applicant or property owner to limit
      rent on the property or unit or that is otherwise designed to
      provide affordable housing stock; or
      
           (b)  The placement on the title to the unit of a deed
      restriction that limits rent on the property or unit or that is
      otherwise designed to provide affordable housing stock pursuant
      to a voluntary agreement between a county or municipality and
      a permit applicant or property owner to place the deed restriction
      on the title.
      
           (3)  An agreement authorized pursuant to subsection (2) of
      this section may specify how long either private residential
      property or a private residential housing unit is subject to its
      terms, whether a subsequent property owner is subject to the
      agreement, and remedies for early termination agreed to by both
      the permit applicant or property owner and the county or
      municipality.
      
           (4)  Notwithstanding any other provision of this section, a
      county or municipality may not deny an application for a
      development permit as defined in section 29-20-103 (1), C.R.S.,
      because an applicant for such a permit declines to enter into an
      agreement to limit rent on either private residential property or
      a private residential housing unit.
      
           (5)  This section is not intended to impair the right of any state
      agency, county, or municipality to manage and control any property in
      which it has an interest through a housing authority or similar agency.
      
           SECTION 2.  Act subject to petition - specified effective date -
      applicability.  (1)  This act shall take effect September 1, 2010; except that,
      if a referendum petition is filed pursuant to section 1 (3) of article V of the
      state constitution against this act or an item, section, or part of this act
      within the ninety-day period after final adjournment of the general
      assembly, then the act, item, section, or part shall not take effect unless
      approved by the people at the general election to be held in November 2010
      and shall take effect on the date of the official declaration of the vote
      thereon by the governor.
      
           (2)  The provisions of this act shall apply to agreements entered into
      before, on, or after the applicable effective date of this act.
      
      
      
      
      ________________________________________________________
      Terrance D. Carroll                Brandon C. Shaffer
      SPEAKER OF THE HOUSE                     PRESIDENT OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
      
      
      ____________________________  ____________________________
      Marilyn Eddins                          Karen Goldman
      CHIEF CLERK OF THE HOUSE                 SECRETARY OF
      OF REPRESENTATIVES                         THE SENATE
      
      
      
      
                  APPROVED________________________________________
      
      
      
      
      
                                    _________________________________________
                                    Bill Ritter, Jr.
                                    GOVERNOR OF THE STATE OF COLORADO