A new Colorado law has lifted restrictions on how many unrelated people can live in one dwelling, causing concern and celebration among some Pikes Peak region officials and residents. 

House Bill 1007 went into effect July 1 and prohibits local governments from having restrictions on the number of people who can occupy a single dwelling, regardless of their connection to each other. The law allows for exceptions based on health and safety concerns. 

Pikes Peak Housing Network Executive Director Jill Gaebler said the bill would remove unnecessary restrictions, which in some Colorado municipalities have limited the number of unrelated people living together to as low as three. 

“It should not just have to be family members, it should be anyone regardless of whether they’re related or not,” she said. 

Dutch Schulz, president of the Old North End Neighborhood Association, said that he was concerned that the new legislation would allow density that would cause parking pressure on residential streets.  

“Where do they think these cars are going to go?” he said. 

Schultz said that 38% of the historic neighborhood was zoned R2, allowing duplexes as well as short-term rentals. Schultz himself has multiple separate units on his Old North End lot, but says that unregulated density encourages owners of investment properties to pack in renters. 

He said that prices have swiftly gone up in recent years for the sprawling Victorian and Craftsman style homes near downtown, with few on the market for less than $1 million. 

Some in local government are also unhappy about the state mandate, which voids local zoning definitions and requirements.  

“Like many in our community, we are frustrated by the state’s continued disregard for local control,” said the El Paso County Board of County Commissioners in a statement on the bill. 

The county’s existing zoning for single dwellings will need to omit a clause on the definition of family: 

“An individual, or 2 or more persons related by blood, marriage, adoption, or as guardian and ward, or a group of not more than 5 persons, excluding servants, who are not so related, living together in a dwelling unit.” 

Colorado Springs occupancy limits are currently set according to square foot available per person. For example, a dwelling of 125 square feet can have one person, 740 square feet can house 10. A dwelling over 840 feet can house more if all residents are part of one family.

The city has a similar definition of “family” that limits unrelated people living together to five. The new state law would void that requirement. In a statement, a spokesperson said the city “recognizes that our definition of family conflicts with statute, and staff are reviewing what would be needed to modify our code to bring it into compliance in the future.” 

Before modifications, the spokesperson said the city would not be enforcing current occupancy code. 

The county commissioners said that the law would allow uses previously zoned as nonresidential in residential areas. In the statement, they said that the law “may result in large numbers of unrelated individuals living next door in your neighborhood for a variety of purposes, including group homes, sober living facilities, halfway houses, multifamily rentals, etc.” 

El Paso County had no recorded instances of code enforcement actions when it came to occupancy, according to the statement. 

Gaebler said that code infractions in Colorado Springs, where she served on City Council until 2021, are usually brought to the city’s attention through neighbor complaints. She said that municipalities retain the right to enforce code that restricts the types of uses for dwellings, regardless of occupancy. 

Colorado Springs has also not had any recent occupancy code enforcement actions, said the spokesperson. 

Gaebler said that the new law reflects changing patterns in how people attain housing in the area. She said that with  a shortage of starter homes and condos, people are choosing to split the cost between roommates. 

“Generally, for the state of Colorado. I think it is a good thing,” she said.