Pueblo's Title XVII does not impose a blanket owner-occupancy condition on ADUs for long-term rental, and Colorado HB24-1152 (effective June 30, 2025) preempts any owner-occupancy mandate as a condition of building or operating an ADU in subject jurisdictions like Pueblo. HOA covenants and recorded deed restrictions may still impose private owner-occupancy requirements enforceable under Colorado CCIOA (C.R.S. § 38-33.3).
Pueblo's Title XVII (Zoning) treats ADUs as a permitted accessory use in designated residential districts without imposing a blanket city-wide owner-occupancy condition for long-term residential rental. Colorado HB24-1152, codified at C.R.S. § 29-32-101 et seq. and operative June 30, 2025, expressly prohibits subject jurisdictions from requiring owner occupancy as a condition of building, occupying, or operating an ADU. Pueblo qualifies as a subject jurisdiction because it lies within the PACOG Metropolitan Planning Organization and exceeds 1,000 population. The statute applies to existing and new ADUs alike, so even ADUs permitted before June 30, 2025, may not be subjected to owner-occupancy enforcement in conflict with the statute. The single narrow exception in HB24-1152 allows owner occupancy as a condition for short-term rental (under 30 days) of either the principal dwelling or the ADU. HOA covenants and recorded deed restrictions remain enforceable under the Colorado Common Interest Ownership Act (CCIOA), C.R.S. § 38-33.3, but HOAs may not categorically ban ADUs in subject jurisdictions and may only enforce reasonable aesthetic and dimensional standards consistent with the underlying zoning. Pueblo Code Enforcement does not record deed restrictions with ADU permits.
City enforcement of owner-occupancy as a long-term rental condition is preempted by HB24-1152 after June 30, 2025. HOA owner-occupancy enforcement is civil under CCIOA — neighbors and association boards may file in Pueblo County District Court. Recorded deed restrictions can be enforced by parties with standing.
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