Agenda Date: 02/03/2026
Subject:
Title
Resolution 07-2026: Opposing House Bill 26-1001 "Housing Developments on Qualifying Properties" (HOME Act or Housing Opportunities Made Easier)
Body
From:
James L. Becklenberg, City Manager
Prepared by:
Reid Betzing, City Attorney
Presentations:
Reid Betzing, City Attorney
PURPOSE:
Council consideration of a resolution opposing House Bill 26-1001 Housing Developments on Qualifying Properties (HOME Act, or Housing Opportunities Made Easier)
LONG-TERM OUTCOME(S) SERVED:
High-Quality Governance
DISCUSSION:
House Bill 26-1001, Housing Developments on Qualifying Properties (HOME Act, or Housing Opportunities Made Easier) is a bill that is being advanced that seeks to address housing challenges in Colorado. The bill would seek to allow for non-profits with a history of providing affordable housing, RTD, school districts, state colleges or universities, or housing authorities to construct residential development on properties that they own through an administrative approval process.
The bill is substantially similar to last year's legislative bill, HB 25-1169 Housing Developments on Faith and Educational Land referred to as "Yes in God's Backyard" (YIGBY) that did not make its way through approval last year. A key difference is that this bill does not apply to faith-based institutions as an eligible property owner. Another major difference is that despite applying to non-profits with a history of building affordable housing, there is nothing in the bill that actually requires that the residential properties to be affordable.
The Colorado Constitution and case law has allowed for home-rule municipalities to control land use and zoning within their jurisdictions as matters of local concern. This bill essentially preempts long-standing authority and require cities to administratively approve developments without deliberation and without a public process.
The bill, while trying to advance the construction of housing does ...
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