Guidance on HB 24-1007 Concerning Residential Occupancy Limits

Overview

This law (C.R.S. § 29-20-111) is designed to make it easier to share existing homes between occupants, whether they are related or not, while still permitting occupancy limits based on demonstrated health and safety standards. Enabling roommates or smaller families to share a home can better utilize existing homes as household sizes continue to decrease in Colorado, and can help households afford increasingly high housing costs. 

A local government shall not limit the number of people who may live together in a single dwelling based on the occupants’ familial relationship. However, local governments retain the authority to implement residential occupancy limits based on:

• Demonstrated health and safety standards; such as International Building Code standards, fire code regulations, or Colorado Department of Public Health and Environment wastewater and water quality standards. Or,
• Local, state, federal, or political subdivision affordable housing program guidelines.

Applicability

HB 24-1007, concerning residential occupancy limits, is applicable to all city, town, and county governments in Colorado, including each home rule or statutory city or town, home rule or statutory county, territorial charter municipality, and consolidated city and county, regardless of population or location in the state.

Demonstrating Compliance

A local government is in compliance with C.R.S. § 29-20-111 as long as the local government is not enforcing any occupancy restrictions that would contradict the standards within the law. The following does not constitute legal advice, and local governments are encouraged to consult with their municipal or county attorney for that purpose.

Currently, many Colorado communities limit the number of occupants that may live in  a dwelling unit in a variety of ways, including: 

• Zoning/Land Use Code: The definition of a “family” or “household” within zoning or land use codes often contains a limit on the number of unrelated persons who can live together in a dwelling unit. In general, these limits are not based on considerations of public health or safety. HB 24-1007 now prohibits these types of limits based on whether persons in the household are related to each other.
• International Code Council (ICC) Codes: The ICC publishes model codes, such as the International Building Code, International Residential Code, International Fire Code, and International Property Maintenance Code, which establish minimum requirements to provide a reasonable level of health and safety for occupants, among other things. These model codes include minimum area requirements for all or parts of a dwelling per occupant and other health and safety requirements. These ICC codes are frequently adopted by local governments with amendments. ICC code regulations related to occupancy limits are intended to protect public health and safety from the impacts of overcrowding and are generally based on internationally developed standards rather than local preferences.

Although amendment of local codes and regulations to comply with C.R.S. § 29-20-111 is recommended as a best practice, this is not required in order to be in compliance with the law. As an alternative, or until a local government can amend its regulations, the local government can instruct staff to not enforce limits on the number of unrelated persons occupying a dwelling unit. If this approach is taken, adoption of a resolution to that effect by the governing body is recommended. 

It is also recommended that local governments review their website and any other public-facing materials to ensure information regarding occupancy limits is accurate.

Key Dates

July 1, 2024: The law’s requirements took effect.

Guidance and Examples

HB24-1007 Guidance: Land Use & Development Code Amendment Examples