2023 Colorado Revised Statutes › Title 24 - GOVERNMENT - STATE (§§ 24-1-101 — 24-116-102) › PRINCIPAL DEPARTMENTS (§§ 24-30-101 — 24-36-306) › Article 32 - DEPARTMENT OF LOCAL AFFAIRS (§§ 24-32-101 — 24-32-3711) › Part 37 - [Multiple Versions] HOUSING NEEDS PLANNING (§§ 24-32-3701 — 24-32-3711) › Section 24-32-3702 - [Multiple Versions] Housing needs assessment methodology - statewide housing needs assessment - displacement risk guidance

(1)
(a)
No later than December 31, 2024, the director shall develop reasonable methodologies for conducting statewide, regional, and local housing needs assessments. The methodologies described in this subsection (1)(a) must establish baseline standards that seek to produce accurate data for internal state agency planning and grant programs and efficiently procure data for use by regions and local governments for planning purposes, but must also be designed to minimize the fiscal burden on local governments and regional entities conducting housing needs assessments. In developing the methodologies and guidance described in this section, the director shall consult with local governments and experts in planning and zoning, affordable housing, disability rights, homelessness resolution and prevention, tenants' rights, experts with demonstrated experience in conducting high-quality housing needs assessments and engagement of underrepresented communities, and other fields focused on housing needs planning. Prior to finalizing the assessment methodology and displacement risk mitigation strategies directory created pursuant to section 24-32-3706 (4), the division of local government shall engage in targeted outreach with focus groups for historically under consulted and disproportionately impacted stakeholders, residents, and businesses to identify the primary reasons for displacement included among those identified in section 24-32-3701 (4).
(b)
No later than November 30, 2027, and every six years thereafter, the director shall conduct a statewide housing needs assessment that analyzes existing and future statewide housing needs. The director shall publish a report based on the statewide housing needs assessment and regional and local housing needs assessments accepted by the department pursuant to section 24-32-3703 (3) or 24-32-3704 (3) that identifies current housing stock and estimates the number and type of dwelling units needed to accommodate future housing needs of the state based on population change projections. The report shall categorize statewide housing needs by household size; household type, including accessible, visitable, supportive, for-sale, and rental housing; and income levels, including extremely low-, very low-, low-, moderate-, and middle-income households as designated by the United States department of housing and urban development.
(c)
The methodology for conducting a regional housing needs assessment must include methods for a regional entity to:
(I)
Estimate existing housing stock in the region and in each local jurisdiction that forms the region;
(II)
Estimate housing needs in the region and each local government's jurisdiction that forms the region, sorted by income level and dwelling type, including accessible units, supportive units, for-sale units, and rental units;
(III)
Estimate the number of households in the region and each local government's jurisdiction that forms the region;
(IV)
Estimate the number of jobs in the region and each local government's jurisdiction that forms the region, sorted by annual salary and wage;
(V)
Estimate an allocation of housing needs identified in subsection (1)(c)(II) of this section to each local government in the region or contributing to housing needs in the region based on the number of jobs and each local government's dependence on jobs in the region, among other factors, to promote a balance of jobs at all salary levels and homes affordable to persons in the region holding jobs at all income levels in the region;
(VI)
Identify areas at elevated risk of displacement in the region and each local government's jurisdiction that forms the region;
(VII)
Estimate the water supply needs for the dwelling units identified in subsections (1)(c)(I) and (1)(c)(II) of this section using per capita water use rates identified in consultation with the department of natural resources; and
(VIII)
Assess market limitations on the development of for-sale multifamily residential housing in the region.
(d)
The methodology for conducting a local housing needs assessment must include methods and acceptable publicly available data sources for a local government to:
(I)
Estimate existing housing stock in the local government's jurisdiction;
(II)
Estimate housing needs within the local government's jurisdiction, sorted by income level and dwelling type, including accessible units, visitable units, supportive units, for-sale units, and rental units;
(III)
Estimate the number of households in the local government's jurisdiction;
(IV)
Estimate the number of jobs in the local government's jurisdiction sorted by annual salary and wage;
(V)
Incorporate a portion of housing needs identified in any applicable state and regional housing needs assessment for the local government, as appropriate, based on the number of jobs and each local government's dependence on jobs in the region, among other factors, to promote a balance of jobs at all salary levels and homes affordable to persons in the region holding jobs at all income levels;
(VI)
Identify areas at elevated risk of displacement in the local government's jurisdiction;
(VII)
Estimate water supply needs for the dwelling units identified in subsections (1)(d)(I) and (1)(d)(II) of this section using per capita water use rates identified in consultation with the department of natural resources; and
(VIII)
Assess market limitations on the development of housing in the local government's jurisdiction.
(e)
The methodologies for regional and local housing needs assessments must include the following:
(I)
A requirement that housing needs assessments include recommended policy and programmatic responses to the findings of the housing needs assessment, including the assessment of displacement risk; and
(II)
Guidance regarding housing action plans created pursuant to section 24-32-3705, including the inclusion of recommendations for housing action plans in housing needs assessments and the sequencing of housing needs assessments and housing action plans.
(2)
The methodologies for estimating housing needs in housing needs assessments must be based on the following baseline components for each region and local government:
(a)
Existing and projected housing shortages and surpluses for different household types and income levels, including extremely low-, very low-, low-, moderate-, and middle-income households as designated by the United States department of housing and urban development;
(b)
Existing housing diversity and stock;
(c)
Current jobs by income level;
(d)
Current median income;
(e)
Population change projections, job growth projections, and demographic trends forecasted by the state demography office;
(f)
Population and demographics;
(g)
Measures of local resources dedicated to the development of affordable housing;
(h)
Vacancy rates;
(i)
Measures of homelessness and housing instability; and
(j)
The job-housing balance, including the availability of housing for low-income workers.
(3)
No later than December 31, 2024, the director shall develop guidance for regions and local governments to conduct a displacement risk assessment. In developing the guidance, the department shall include methods, with variations for different local contexts including the size and resource levels of local governments, for local governments to use to:
(a)
Gather feedback through community engagement;
(b)
Identify information from neighborhood-level early displacement warning and response systems or, if those systems are unavailable, identify the best available local, regional, state, or federal data that can be analyzed to identify residents at elevated displacement risk, which may include:
(I)
The percentage of households that are extremely low-, very low-, and low-income, as designated by the United States department of housing and urban development;
(II)
The percentage of residents who are renters;
(III)
The percentage of cost-burdened households, defined as households that spend more than thirty percent of the household's income on housing needs;
(IV)
The number of adults who are twenty-five years of age or older and have not earned at least a high school diploma;
(V)
The percentage of households in which English is not the primary spoken language;
(VI)
The number of single heads of household with children under eighteen years of age;
(VII)
Data regarding rents or home values that are increasing at a substantially higher rate than adjacent neighborhoods in the region or local government's jurisdiction;
(VIII)
Data regarding neighborhoods with high volume of sales of owner-occupied or investor-owned housing;
(IX)
Data regarding increased sales and use taxes generated from commercial and retail activity;
(X)
Data regarding business closures; and
(XI)
The percentage of housing stock built prior to 1970;
(c)
Identify the location of manufactured home parks;
(d)
Identify areas that qualify as disadvantaged as determined with the climate and economic justice screening tool developed by the council on environmental quality in the office of the president of the United States; and
(e)
Identify areas that will experience increased zoning capacity on or after January 1, 2025.
(4)
Any methodology or guidance developed by the director pursuant to this section must permit the substitution of an assessment of housing needs or displacement risk conducted pursuant to the requirements of any other federal or state law or regulation.
Added by 2024 Ch. 290,§ 1, eff. 5/30/2024.
2024 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
This section is set out more than once due to postponed, multiple, or conflicting amendments.