Colorado Gov. Jared Polis on Monday, April 15, signed into law legislation that prohibits cities like Boulder from imposing occupancy limits that restrict how many unrelated people can live together. The new law will take effect on July 1, 2024.
During the bill signing ceremony, the governor criticized occupancy limits as creating unnecessary constraints on the housing supply and described them as discriminatory.
“Today we are going to end a discriminatory policy in Colorado that essentially has the government telling you who you can and can’t live with rather than people choosing their roommates for themselves,” Polis said.
Proponents of repealing occupancy limits see it as a way to increase housing affordability by allowing more people to share housing costs. Opponents of the legislation argued it will lead to a loss of local control in cities and would negatively impact neighborhoods.
Last year, the City of Boulder raised its occupancy limits from allowing as few as three unrelated people to live together to five across much of the city. With the new state law, Boulder will likely have to repeal these limits for unrelated people altogether. Life safety and fire code occupancy regulations will still apply.
Chase Cromwell, a senior at CU Boulder and president of external affairs for the CU Boulder Student Government, said during the bill signing ceremony that occupancy limits make it more stressful to be a student. He said he has lived in a five-bedroom house where only three people are allowed on the lease.
“This is extremely stressful. And we are afforded none of the legal protections that come with being on a lease,” Cromwell said. “Thanks to this new law, we will no longer have to worry everyday that our neighbors will report us, that the city will show up to count toothbrushes and pillows.”
During the signing ceremony, elected officials and organizers lined up behind the governor on the state Capitol steps to show their support for the new law. Among them were Jonathan Singer, the senior director of policy programs with the Boulder Chamber, Mayor Pro Tem Nicole Speer and organizers with the Bedrooms Are For People campaign. The campaign unsuccessfully sought to raise the city’s occupancy limits through a city ballot measure in 2020 and 2021.
“It shouldn’t have taken this long or been this hard but today we celebrate this historic win!” Chelsea Castellano, chair of the Bedrooms Are For People ballot measure committee, said on X after the signing.
The legislation is one of several new policies lawmakers have introduced this year overriding local land-use and zoning rules. Last week, the House passed bills to ease restrictions for building accessory dwelling units, or ADUs, and to allow denser housing development near bus stops and train stations. House lawmakers are still working on a bill that would eliminate parking minimums for residential developments.