Gov. Jared Polis signed a bill into law Wednesday that will make it easier for Colorado public schools, colleges, universities and other organizations to usurp local zoning rules to build housing on their land.
The measure, House Bill 1001, also called the Housing Options Made Easier Act, or HOME Act, is the first major piece of housing legislation passed during the 2026 legislative session. It’s part of Polis and Democratic lawmakers’ years-long effort to boost the state’s affordable housing stock.
This story was produced as part of the Colorado Capitol News Alliance. It first appeared at kunc.org.
The bill requires local governments with populations over 2,000 people to, starting in 2028, allow qualifying organizations to build residential units on their land whether or not the land is zoned for residential construction.
Other than schools, colleges and universities, qualifying organizations include transit agencies, public housing authorities and nonprofits that have a proven history of building new housing.
“It’s going to reduce barriers, it’s going to reduce red tape,” said Eagle County School District Superintendent Philip Qualman at Wednesday’s bill signing ceremony at the Capitol. “It’s going to make superintendents around the state have more opportunity to do what we’ve done to create sustainable housing, affordable housing. That means shorter commutes. It means less second jobs.”
Properties must also meet specific requirements to qualify.
They have to be within three miles of a municipality or part of a county with a population of 5,000 people or more. Under the bill, housing developments on those properties can be up to three stories tall or as tall as an area’s local zoning rules allow.
“We as a state, by passing this bill, are saying we want our partners at the table as part of the housing solution,” Polis said. “We want that local creativity driven by nonprofits and school districts and community colleges. We welcome you to be part of the housing solution.”
The measure has some exemptions, including for parcels that don’t have access to water or sewer infrastructure, or those that are subject to conservation easements, are part of airport exclusion zones or are classified as historic.
Organizations will also have to go through an approval process with their local governments, which will be allowed to impose standards for utility and transportation access, health and environmental safety, historic district and inclusionary zoning.
The legislation is modeled in part on a bill that failed last year, with some key differences. Last year’s bill included religious institutions in the list of qualifying organizations and did not include housing and transit authorities or nonprofit organizations with a history of housing development.
One of the bill’s sponsors, Sstate Rep. Javier Mabrey, a Democrat from Denver, said it will help organizations work with local governments to expand housing options.
“This bill creates the opportunity for school districts, housing authorities, transit agencies and nonprofits who have open land that’s in our communities, who are central parts of our communities, to help.”
State Rep. Javier Mabrey, D-Denver, speaks to reporters before Gov. Jared Polis signed housing bills into law at the Colorado Capitol in Denver on Wednesday, March 25, 2026. (Jesse Paul, The Colorado Sun)But groups representing local governments oppose the bill, arguing it overrides county and municipal land-use authority. Kevin Bommer, executive director of the Colorado Municipal League, said the measure will promote development without guaranteeing affordability.
“This is going to encourage real estate speculation. It’s going to drive up the cost of housing, not lower it,” Bommer said. “It’s just a heavy-handed approach that ignores local government planning efforts and creates a one-size-fits-all policy that won’t do one thing to guarantee any affordable housing.”
All of the legislature’s Republicans voted against the bill, along with two House Democrats.
A second housing bill Polis signed Wednesday, Senate Bill 1, will allow local governments to decide if they want to use existing tax revenue on workforce housing. It will also allow local municipalities to sell, lease, or acquire property for workforce housing while expanding tax credits for affordable housing developments.
State Sen. Dylan Roberts, a Frisco Democrat and sponsor of the bill, said it’s meant to remove barriers for local housing projects.
“This bill is about local projects and working with our partners at the local level — whether it’s governmental housing authorities, nonprofits — to unlock local resources and get rid of red tape that has been standing in the way of affordable housing development in those communities,” he said.
Lawmakers are considering several other housing measures this year, including one that would allow homeowners to split their lot in two and sell one of the parcels and another that would create a new financial assistance program for local education providers to build workforce housing.
This story was produced by the Capitol News Alliance, a collaboration between KUNC News, Colorado Public Radio, Rocky Mountain PBS, and The Colorado Sun, with support from news outlets throughout the state. Startup funding for the Alliance was provided in part by the Corporation for Public Broadcasting.
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