Denver's Expanding Housing Affordability ordinance (CB22-0414, effective July 2022) replaced Initiative-300 era inclusionary rules with mandatory affordable-housing requirements plus floor-area-ratio and height density bonuses for projects exceeding base zoning.
The Expanding Housing Affordability (EHA) ordinance, codified through Denver Zoning Code §10 and DRMC §27, requires most new for-sale and for-rent residential projects of ten or more units to provide on-site affordable units at 60-90% of Area Median Income, pay a fee-in-lieu, or build off-site equivalents. In exchange, the Denver Zoning Code grants density bonuses, including increased floor-area ratio, additional stories above base height, and reduced parking minimums in transit-rich areas. Linkage fees apply to commercial development. The Department of Housing Stability (HOST) administers compliance, monitors affordable units in perpetuity, and oversees the dedicated affordable-housing fund. Adopted by City Council in June 2022.
Violators face permit holds, civil penalties up to $999 per day per unit, recapture of incentive value, lien recording on affected property, and ineligibility for future Denver development incentives.
Denver, CO
Comprehensive Plan 2040 sets Denver's long-range vision while Blueprint Denver (the integrated land-use and transportation plan), Game Plan, and Housing an I...
Denver, CO
Denver does not have rent control or rent stabilization ordinances. Colorado state law (C.R.S. §38-12-301) preempts local rent control, prohibiting municipal...
See how Denver's density bonus law rules stack up against other locations.
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