CO Code § 24-32-721 (2021)
2021 Colorado Code|Title 24 - Government - State|Article 32 - Department of Local Affairs|Part 7 - Division of Housing - Colorado Housing Act of 1970|§ 24-32-721. Colorado Affordable Housing Construction Grants and Loans - Housing Development Grant Fund - Creation - Housing Assistance for Persons With Behavioral, Mental Health, or Substance Use Disorders - Cash Fund - Appropriation - Report to General Assembly - Rules - Definitions - Repeal

  [ ] There is hereby created in the state treasury the housing development grant fund, which fund is administered by the division and is referred to in this section as the "fund". The fund consists of money credited to the fund in accordance with section 39-26-123 (3)(b); money appropriated to the fund by the general assembly; all money transferred to the fund from the marijuana tax cash fund created in section 39-28.8-501 (1) and any other cash fund maintained by the state; all money collected by the division for purposes of this section from federal grants, from other contributions, gifts, grants, and donations received from any other organization, entity, or individual, public or private; and from any fees or interest earned on such money. The division is hereby authorized and directed to solicit, accept, expend, and disburse all money collected for the fund from the sources specified in this subsection (1) for the purpose of making grants or loans and for program administration as provided in this section. All such money must be transmitted to the state treasurer to be credited to the fund. The money in the fund is continuously appropriated to the division for the purposes of this section.  (1.5) In addition to the other sources of money to be deposited into the fund that are specified in subsection (1) of this section, the fund also consists of money transferred by the state treasurer from the unclaimed property trust fund to the division in accordance with section 38-13-801 (3.5) to supplement existing funds to be expended for any of the purposes specified in subsection (2)(d) of this section.    (1.7) (a) The state treasurer shall transfer nineteen million six hundred fifty thousand dollars from the care subfund in the general fund to the housing development grant fund for the purpose of providing housing assistance as specified in this subsection (1.7). Money transferred pursuant to this subsection (1.7)(a) shall be maintained in a separate account. The division may use up to three percent of the money transferred pursuant to this subsection (1.7)(a) for the costs of administering this subsection (1.7).    The general assembly shall appropriate the money transferred to the fund pursuant to this subsection (1.7) to the division for use in providing individuals and households who, on or after March 1, 2020, have experienced financial need due to the COVID-19 pandemic or second-order effects of the COVID-19 pandemic, with rental assistance, residential mortgage assistance, and guidance on how to access additional housing services. The division must use the money by December 30, 2020, for the purposes specified in this subsection (1.7).      In determining how to distribute the rental assistance under this subsection (1.7), the division shall prioritize: (c) (I) In determining how to distribute the rental assistance under this subsection (1.7), the division shall prioritize:   Homeless families with dependents or other children enrolled in preschool, elementary, or secondary schools;    Medicaid clients in nursing homes who are able to live in their communities with in-home services;    Family unification and related services;    Homeless or disabled veterans;    Low-income households with an income at or below one hundred percent of the area median income;    Survivors of domestic violence;    People experiencing homelessness who are at a higher risk of contracting COVID-19 according to the federal centers for disease control; and    Entities that provide direct services to youth experiencing or at risk of experiencing homelessness.       (A) In accordance with policies and procedures established by the division, a landlord may seek rental assistance pursuant to this subsection (1.7) on behalf of the landlord's tenants who have experienced financial need on or after March 1, 2020, due to the COVID-19 pandemic or second-order effects of the COVID-19 pandemic. This subsection (1.7) does not authorize a landlord to obtain information about a tenant that violates the tenant's right to privacy or any other law.         In determining how to prioritize the residential mortgage assistance under this subsection (1.7), the division shall prioritize households with an income at or below one hundred percent of the area median income. (d) (I) In determining how to prioritize the residential mortgage assistance under this subsection (1.7), the division shall prioritize households with an income at or below one hundred percent of the area median income.    (A) In accordance with policies and procedures established by the division, a nonprofit lender may seek residential mortgage assistance pursuant to this subsection (1.7) on behalf of the nonprofit lender's mortgager who has experienced financial need on or after March 1, 2020, due to the COVID-19 pandemic or second-order effects of the COVID-19 pandemic. This subsection (1.7)(d)(II) does not authorize a nonprofit lender to obtain information about a mortgager that violates the mortgager's right to privacy or any other law.       The division may promulgate rules necessary to implement this subsection (1.7).    An association or organization that receives assistance pursuant to this subsection (1.7) is not required to independently verify the tenant's or borrower's financial need if the tenant or borrower or landlord attests that the tenant or borrower, as appropriate, has experienced an adverse financial impact due to the COVID-19 pandemic or second-order effects of the COVID-19 pandemic.    Housing assistance provided under this subsection (1.7) is short-term, noncash, in-kind emergency disaster relief.    The division shall not provide assistance under this subsection (1.7) for the purpose of housing development.    During the second regular session of the seventy-third general assembly, the executive director of the department of local affairs shall report to the senate committee on local government and the house of representatives committee on transportation and local government, or any successor committees, under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, on:   Each association or organization that received assistance under this subsection (1.7), including the name of each association or organization, the amount of assistance each association or organization received, and the location of the association or organization;    The number of households who received rental assistance under this subsection (1.7);    The number of households who received residential mortgage assistance under this subsection (1.7); and    To the extent possible, the percentage of money distributed based on each of the following purposes:   Rental assistance;    Residential mortgage assistance; and    Guidance on how to access additional housing services.          As used in this subsection (1.7), "COVID-19" means the coronavirus disease 2019 caused by the severe acute respiratory syndrome coronavirus 2, also known as SARS-CoV-2.    This subsection (1.7) is repealed, effective September 1, 2022.         [Editor's note: This version of subsection (2)(a) is effective until a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following this section.] Subject to the requirements of this section, upon the approval of the board, the division may make a grant or loan from money in the fund to improve, preserve, or expand the supply of affordable housing in Colorado as well as to fund the acquisition of housing and economic data necessary to advise the board on local housing conditions. In making loans or grants from the fund, the division shall give priority to owners of property that was either destroyed or incurred substantial damage as a result of one or more state or federally declared natural disasters where the property owner has received the maximum insurance proceeds and public disaster assistance. The division shall annually allocate, with or without board approval, at least one-third of the money credited to the fund in accordance with section 39-26-123 (3)(b) to improve, preserve, or expand affordable housing for households whose annual income is less than or equal to thirty percent of the area median income, as published annually by the United States department of housing and urban development.    and    (Deleted by amendment, L. 2014.)    In addition to any other use authorized under this section, money may also be used for the following purposes, without limitation:   Grants and loans for the acquisition, renovation, and construction of for-sale homes in nonurban areas for purchasers who reside in households with an annual income up to one hundred twenty percent of the area median income and down payment assistance programs that are financed in partnership with private and public entities for the development of housing and the delivery of services that assist persons in households with an annual income up to one hundred percent of the area median income;    Programs for home rehabilitation;    Repair, replacement, and disposal of mobile homes in conjunction with programs that are operated by local governments, local housing authorities, and private organizations;    Grants and loans for the financing of land acquisition and infrastructure costs associated with the provision of utilities to support development of a planned deed restricted rental or for-sale affordable housing development;    Grants and loans to private and public entities to provide funding for the development, acquisition, and rehabilitation of affordable housing targeted at a specific area median income or income level; and    Rental assistance programs that target one or more of the following persons or uses:   Homeless families with dependents or other children enrolled in preschool, elementary, or secondary schools;    Medicaid clients in nursing homes who are able to live in their communities with in-home services;    Family unification and related services;    Homeless or disabled veterans;    Low-income households with an annual income at or below sixty percent of the area median income; and    Survivors of domestic violence.          In determining how best to allocate money to promote the various purposes specified in subsection (2)(d) of this section, the division shall consult with stakeholders from urban and rural communities and representatives from populations of different income levels with diverse housing needs and shall award funding to meet the needs of local communities that will optimize the return on money invested in a particular program or for a particular use, leverage other available sources of money, address housing needs throughout the state, and serve populations with the greatest unmet need.    As used in this subsection (2), "area median income" is determined in accordance with guidelines or other standards promulgated by the United States department of housing and urban development.         Any money in the fund not expended or encumbered from any appropriation at the end of any fiscal year, including interest earned on the investment or deposit of money in the fund, remains in the fund and does not revert to the general fund or any other fund and remains available for expenditure by the division in subsequent fiscal years for the purposes specified in subsection (1.5) or (2) of this section without further appropriation. (3) (a) Any money in the fund not expended or encumbered from any appropriation at the end of any fiscal year, including interest earned on the investment or deposit of money in the fund, remains in the fund and does not revert to the general fund or any other fund and remains available for expenditure by the division in subsequent fiscal years for the purposes specified in subsection (1.5) or (2) of this section without further appropriation.    Notwithstanding any other provision of this section, the division, in its discretion, may transfer twenty percent of the balance of the money in the fund into the housing investment trust fund established in section 24-32-717 (1)(a), which balance is calculated as of July 1 of the state fiscal year in which the money is transferred. For any given state fiscal year, no more than three percent of the money appropriated to the fund may be expended for the administrative costs of the division in administering the fund.    Subject to the limitation on the percentage of money appropriated from the fund that may be expended for the administrative costs of the division in administering the fund specified in subsection (3)(b) of this section, the division may expend money from the fund to hire and employ individuals in order to fulfill the purposes of House Bill 19-1322, enacted in 2019.         As used in this subsection (4), unless the context otherwise requires, "person with a behavioral or mental health disorder" means an individual who has or, at any time during the previous twelve months, had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within the diagnostic and statistical manual of mental disorders, resulting in functional impairment that interferes with or limits one or more major life activities. (4) (a) As used in this subsection (4), unless the context otherwise requires, "person with a behavioral or mental health disorder" means an individual who has or, at any time during the previous twelve months, had a diagnosable mental, behavioral, or emotional disorder of sufficient duration to meet diagnostic criteria specified within the diagnostic and statistical manual of mental disorders, resulting in functional impairment that interferes with or limits one or more major life activities.    In conjunction with its other programs to provide assistance in obtaining housing and subject to available appropriations, the division of housing shall establish a program that provides vouchers and other support services for housing assistance for:   An individual with a mental health disorder, substance use disorder, or co-occurring behavioral health disorder who is transitioning from the department of corrections, the division of youth services in the department of human services, a mental health institute, a psychiatric hospital, or a county jail into the community; or    An individual who is homeless or in an unstable housing environment and is transitioning from a residential treatment program or is engaged in the community transition specialist program created pursuant to section 27-66.5-103.       In addition to any other uses specified in this section, the division shall also provide grants or loans for the acquisition, construction, or rehabilitation of rental housing for persons with behavioral or mental health disorders.    There is created in the state treasury the housing assistance for persons transitioning from the criminal or juvenile justice system cash fund, referred to in this subsection (4) as the "cash fund". The cash fund consists of money that the general assembly appropriates to the cash fund. Subject to annual appropriation by the general assembly, the division may expend money in the cash fund for the purposes set forth in this subsection (4). All interest earned from the investment of money in the cash fund is credited to the cash fund. All money not expended at the end of the fiscal year remains in the cash fund, does not revert to the general fund or any other fund, and remains available for expenditure by the division in the next fiscal year for the purposes of this subsection (4) without further appropriation.    In addition to any money appropriated to the division of housing pursuant to subsection (4)(d) of this section, for the 2019-20 fiscal year, and for each of the following four fiscal years, the general assembly shall annually appropriate one million dollars from the marijuana tax cash fund created in section 39-28.8-501 to the division of housing for the voucher program specified in subsection (4)(b) of this section.    The executive director of the department of local affairs shall report to the senate committee on health and human services and the house of representatives committees on health and insurance and public health care and human services, or any successor committees, under the "State Measurement for Accountable, Responsive, and Transparent (SMART) Government Act", part 2 of article 7 of title 2, on:   The number of projects funded under this section;    The number of units in each project funded under this section;    The number of qualified individuals housed as a result of this subsection (4); and    To the extent practicable, the number of individuals who, after receiving a voucher under subsection (4)(b) of this section, returned to the facilities from which the individuals were transitioning.          Editor's note: This version of subsection (1) is effective until a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following this section.  (1) [ ] There is hereby created in the state treasury the housing development grant fund, which fund is administered by the division and is referred to in this section as the "fund". The fund consists of money credited to the fund in accordance with section 39-26-123 (3)(b); money transferred to the fund in accordance with section 24-22-118 (2); money appropriated to the fund by the general assembly; all money transferred to the fund from the marijuana tax cash fund created in section 39-28.8-501 (1) and any other cash fund maintained by the state; all money collected by the division for purposes of this section from federal grants, from other contributions, gifts, grants, and donations received from any other organization, entity, or individual, public or private; and from any fees or interest earned on such money. The division is hereby authorized and directed to solicit, accept, expend, and disburse all money collected for the fund from the sources specified in this subsection (1) for the purpose of making grants or loans and for program administration as provided in this section. All such money must be transmitted to the state treasurer to be credited to the fund. The money in the fund is continuously appropriated to the division for the purposes of this section.  Editor's note: This version of subsection (1) takes effect only if a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following this section.  (2)   (a) [Editor's note: This version of subsection (2)(a) takes effect only if a ballot issue is approved by the people at the next regular general election in November 2020. See the editor's note following this section.] Subject to the requirements of this section, upon the approval of the board, the division may make a grant or loan from money in the fund to improve, preserve, or expand the supply of affordable housing in Colorado as well as to fund the acquisition of housing and economic data necessary to advise the board on local housing conditions. In making loans or grants from the fund, the division shall give priority to owners of property that was either destroyed or incurred substantial damage as a result of one or more state or federally declared natural disasters where the property owner has received the maximum insurance proceeds and public disaster assistance. The division shall annually allocate, with or without board approval, at least one-third of the money credited to the fund in accordance with section 39-26-123 (3)(b) to improve, preserve, or expand affordable housing for households whose annual income is less than or equal to thirty percent of the area median income, as published annually by the United States department of housing and urban development. The division shall use at least five million dollars of the amount transferred to the fund in accordance with section 24-22-118 (2) to improve, preserve, or expand the supply of affordable housing in rural Colorado.   Source: L. 2009: Entire section added, (HB 09-1213), ch. 217, p. 981, § 1, effective June 30. L. 2014: Entire section amended, (HB 14-1017), ch. 277, p. 1123, § 2, effective May 29. L. 2017: (4) added, (SB 17-021), ch. 305, p. 1659, § 2, effective June 2. L. 2018: (4)(d) amended, (SB 18-016), ch. 334, p. 2008, § 2, effective May 30. L. 2019: (3)(b) and (4)(b) amended and (4)(e) and (4)(f) added, (HB 19-1009), ch. 274, p. 2586, § 1, effective May 23; (1) and (2)(a) amended, (HB 19-1245), ch. 199, p. 2156, § 3, effective August 2; (1), (3)(a), and (4)(c) amended and (1.5), (2)(d), (2)(e), (2)(f), and (3)(c) added, (HB 19-1322), ch. 201, p. 2168, § 3, effective August 2. L. 2020: (4)(d) amended, (HB 20-1262), ch. 60, p. 202, § 2, effective March 20; (1.7) added, (HB 20-1410), ch. 112, p. 466, § 3, effective June 22; (1) and (2)(a) amended, (HB 20-1427), ch. 248, p. 1211, § 25, effective (see editor's note).   Editor's note: (1) Amendments to subsection (1) by HB 19-1322 and HB 19-1245 were harmonized.   (2) Section 27(2) of chapter 248 (HB 20-1427), Session Laws of Colorado 2020, provides that changes to this section take effect on the date of the governor's proclamation or January 1, 2021, whichever is later, only if, at the November 2020 statewide election, a majority of voters approve the ballot issue referred in accordance with section 39-28-401.   Cross references: (1) For the legislative declaration in SB 17-021, see section 1 of chapter 305, Session Laws of Colorado 2017.   (2) For the short title ("Affordable Housing Act of 2019") and the legislative declaration in HB 19-1245, see sections 1 and 2 of chapter 199, Session Laws of Colorado 2019.   (3) For the legislative declaration in HB 20-1410, see section 1 of chapter 112, Session Laws of Colorado 2020.