Gov. Jared Polis has signed a measure that eliminates residential occupancy limits for unrelated individuals, though the new law still allows local government regulation tied to health, safety or welfare.

House Bill 1007 prohibits local governments from enacting of enforcing occupancy limits based on familial relationships, provided that health and safety standards, as well as local building and fire codes, are adhered to.

Supporters of the bill say it will increase access to affordable housing, an issue the state has been grappling with for years. It is just one of the housing-related bills the legislature is considering this session.

Critics said it chips away at local control, arguing municipalities — not the state — know how best to regulate housing issues.    

“I am thrilled to take this bold step today to cut red tape and get the government out of the business of telling people who they can live with,” Polis said. “This is one of many comprehensive steps Colorado is taking to ensure Coloradans can live in the communities they choose, near jobs and transit hubs. I thank the sponsors for their work on this legislation to create more housing options Coloradans can afford.” 

The bill was sponsored by Reps. Manny Rutinel, D-Commerce City and Javier Mabrey, D-Denver, and Sens. Julie Gonzales, D-Denver, and Tony Exum, D-Colorado Springs. 

“Occupancy limits that are not based on health and safety concerns worsen our housing shortage, making it even more difficult for Coloradans to find housing,” said Mabrey. “Our new law will expand housing options for all Coloradans so they can choose a living situation that works for their budget and keeps them close to their community.”

“Strict occupancy limits can reduce housing options and push folks out of their communities,” added Exum. “Prohibiting occupancy limits would give residents the freedom to choose their living situations and who they live with. This new law will allow families to live in a structure that’s best for them — without the interference of occupancy limits.”

The bill takes effect on July 1.

Back in February, Aurora Councilmember Francoise Bergan said the city should officially oppose the bill, arguing the local government knows its housing situation better than the state does. 

“We should be making those decisions as our own jurisdiction not mandated by the state that doesn’t know our particulars in our different neighborhoods,” Bergan said.

Mayor Mike Coffman agreed, saying it’s not about a single change but, rather, about the overall chipping away at the city’s ability to determine its own housing regulations.

Other councilmembers disagreed. If the city opposes the bill simply because it slowly chips away at the city’s ability to make decisions, then councilmembers should oppose every bill, because in some way or another, many of them impact Aurora, Councilmember Curtis Gardner argued.