On March 13, 2026, the Colorado General Assembly passed House Bill 26‑1001, the “Housing Opportunities Made Easier (HOME) Act” (“HB 26‑1001” or the “HOME Act”), which adds a new Part 5 to Article 35 of Title 29 of the Colorado Revised Statutes. The HOME Act is a Colorado statewide housing and land-use reform bill intended to increase housing supply by reducing local zoning regulations on qualifying publicly owned or nonprofit-owned properties.

The bill reflects a legislative determination that the state housing shortage is a matter of mixed statewide and local concern and that certain local zoning regulations and discretionary approvals create barriers to increasing housing affordability and supply. Because HB 26‑1001 significantly limits local zoning authority, it may forecast a legal challenge similar to a recent pending lawsuit brought against separate recent state legislation and executive action seeking to preempt certain local land use decisions and processes. See City of Greenwood Village et al. v. Colorado, 2025CV31811 (Denver Dist. Ct. filed May 19, 2025).

Mandatory Allowance of Residential Development on Qualifying Properties
Effective December 31, 2027, the HOME Act provides that a “subject jurisdiction” (defined as a local government with a population greater than 2,000) must allow a residential development to be constructed on a “qualifying property” that does not contain an exempt parcel, subject to an administrative approval process rather than discretionary proceedings. Jurisdictions subject to the HOME Act as of December 31, 2027, must be in compliance no later than June 30, 2028.

Qualifying properties and owners
A qualifying property is: (1) Real property of five acres or less; and (2) Owned by a qualifying entity (includes school districts, institutions of higher education, housing authorities, local or regional transit districts or authorities, and certain nonprofit organizations, including nonprofit organizations with a demonstrated history of providing affordable housing).

Limitations on local zoning restrictions
Subject jurisdictions may not deny residential development on qualifying properties based on height or number of dwelling units. The HOME Act forbids local governments from disallowing construction of a qualifying property on the basis of height if (1) the tallest structure is no more than three stories or 38 feet, subject to limited fire protection and historic district exceptions; or (2) complies with applicable height standards in the underlying or a contiguous residential zoning district. Furthermore, a subject jurisdiction may not apply site design standards that are more restrictive than those applied to similar housing elsewhere in the jurisdiction, including standards related to setbacks, lot coverage, parking, landscaping, bedroom counts, or minimum density. 

Preservation of local health, safety, and infrastructure authority
The HOME Act expressly preserves a subject jurisdiction’s authority to apply and enforce generally applicable infrastructure standards, building and fire codes, environmental and public health regulations, impact fees, inclusionary zoning requirements, subdivision regulations, and historic district standards. However, some local governments have opposed similar legislation overriding certain local land use requirements on the basis that land use regulations generally are a matter of local and municipal matter under Article XX, section 6.

Allowed accessory uses
Where conditionally or by‑right allowed in the underlying zoning district, a subject jurisdiction must allow certain accessory uses within a residential development on a qualifying property, including child care and recreational, social, or educational services provided by community organizations for residents and the surrounding community.

Verification of nonprofit status and state guidance
A subject jurisdiction may request documentation demonstrating that a nonprofit organization meets the statutory criteria for having a demonstrated history of providing affordable housing, but may not require proof of more than one qualifying criterion. The Department of Local Affairs is required to publish guidance by December 31, 2027, to assist local governments in verifying nonprofit status under the HOME Act.

HB 26-1001 will become law if the Governor signs it or lets it become law without a signature within 10 days after March 13, 2026. If the Governor vetoes HB 26-1001, the General Assembly may override his veto with a two-thirds majority. HB 26-1001 previously did not pass either house by more than a two-thirds majority.

For questions or additional information, please contact Kirsten Crawford (kcrawford@kaplankirsch.com).