Rent Control Banned in Colorado: State Law Preempts Local Caps

Under Colo. Rev. Stat. § 38-12-301, the general assembly declares that rent control on private residential housing is "a matter of statewide concern," so "no county or municipality may enact any ordinance or resolution that would control rent on either private residential property or a private residential housing unit." The only carve-outs are voluntary agreements between a local government and a property owner to limit rent, or deed restrictions designed to provide affordable housing stock. A bill to repeal this preemption and allow local rent control was considered but did not become law, so the statewide ban remains in force. No Colorado city currently has rent control, and no statute caps rent increases on existing tenancies.

A local rent-control ordinance is void as preempted by § 38-12-301. Local governments also may not deny a development permit because an applicant declines to agree to limit rent. There is no statewide rent-increase cap to enforce.