A major housing bill is making its way through the Colorado legislature, SB23-213 – referred to as ‘land use’ – has driven much of the recent discussion over state housing policy. The bill, among other things, would enable greater housing density in municipalities around Colorado by compelling municipalities to change their land use regulations. In many cities, including Denver, it would effectively end single-family zoning and allow multiple units (currently up to 4) to be built on lots previously zoned for only one unit.

This legislation has much to like. Exclusionary and restrictive land use policy has made our housing and environmental crises worse, and it is important to use state power to break down this land use status quo. The rules to change occupancy limits are welcome, as are water audits, reforms to HOAs, and reduced parking requirements. We also recognize the importance of encouraging development patterns that are environmentally sustainable, promote housing density, and push cities away from suburban sprawl. We know that the status quo of single family zoning primarily serves to protect the interests of wealth and property values, not the interests of tenants. We do need more housing, and ultimately, housing for all. While this bill can inch us closer to housing for all, it is only one piece of a much larger puzzle.

Denver DSA’s support for SB23-213 is conditional. We demand that this land use bill passes together with two other critical housing bills: local control of rents (HB23-1115), which would enable municipalities in Colorado to enact rent control (aka local control of rents), and just cause eviction protections (HB23-1171). These bills are absolutely essential to defending tenants at a time of ever-increasing housing instability and exploitation from landlords. 

Through this legislative session, we have seen attention and support diverted away from these bills and towards land use, leading to a situation in which land use is upheld as a magic bullet for the state’s housing crisis. We reject this framing and demand that land use is passed together with local control of rents and just cause eviction protections. Otherwise, lawmakers are abandoning the immediate needs of tenants and instead opting for a legislative track that avoids direct confrontation with capital – namely the developer and landlord interests that wield substantial power over Colorado’s politics and that are invested in policy “solutions” to our housing crisis that prioritize their profits, not the needs of tenants. This imbalance of legislative attention, typical in prior sessions, is unsustainable in a context where renters are more cost burdened than ever while owners reap record profits. 

This legislation could very well be beneficial to our state in the long run. However, we have to temper our expectations for what it can achieve. We can’t rely on market-rate housing to solve our housing crisis. Moreover, the slogan of this bill, “More Housing Now” is misleading, as it will take many years, if not decades, for a significant amount of new housing to be built as a result of these policy changes to land use law. Without other major efforts to transform our housing system, including social housing, rent control, community land trusts, robust tenant protections, metro district reform, and tenant organizing — many tenants will continue to find themselves living in unstable, exploitative housing arrangements, and housing will continue to be financially out of reach for working people in our state. We are ultimately fighting for a transformation of our housing system to one in which enough housing is under democratic and community control to make housing a basic human right. It is imperative that we struggle for this transformation and build tenant power in all of our organizing and policy efforts. The land use bill does not, in any meaningful way, alleviate the necessity and urgency of this struggle. 

Land Use Reform is a good step, but its benefits are contingent on choices beyond the bill itself. 213 will not meaningfully address our housing crisis on its own, and must be implemented in conjunction with legislation that enables cities to pass rent control and just cause eviction protections, and must be amended to protect against displacement. Otherwise, we are continuing to neglect tenants and are missing an opportunity to bring about the fundamental changes that we so urgently need in our housing system.