Local News

Pitkin County Moves Closer to Banning STRs in Rural Zones

Pitkin County commissioners are moving toward banning short-term rentals in the Rural and Remote zone district where restrictive rules are designed to protect backcountry areas from most development and commercial activity.

The commissioners directed County Attorney John Ely in a work session to prepare an ordinance for the ban for approval later this spring. The only question was timing — whether to move ahead as soon as possible or wait until there is a broader review of all short-term rental rules in September.

Pitkin County created the Rural and Remote zone in the 1990s to prevent the backcountry from getting overwhelmed with the type of development sweeping more accessible areas. It was initially applied to the Richmond Ridge area on the back of Aspen Mountain and then expanded. The new zoning targeted land that was more than one-half mile from winter-maintained roads and had an absence of traditional utilities. The targeted areas also were locations that presented challenges for emergency response agencies.

State News

Governor Introduced Sweeping Land Use Bill 

Governor Polis introduced HB23-1255 would preempt any arbitrary growth caps in local jurisdictions to allow for more housing. This bill would increase real estate transactions and allow more development in areas that have previously enacted ordinances that would limit growth and would prohibit future ordinances restricting growth unless the local government has experienced a disaster emergency.

At the same time, there are significant concerns about the state’s ability to supersede local zoning codes at the local level. The Colorado Association of REALTORS® is paying close attention to this bill and representing the concerns of the real estate industry.  

HB23-1254 Habitability of Residential Premises

This bill expands the conditions for the warranty of habitability by adding water damage, fire damage, and damage from natural and environmental events rendering residential property uninhabitable. Additionally, the bill specifies the landlord's responsibility to remediate environmentally hazardous property to habitability within a reasonable timeframe and it provides a process for tenants to deliver notices detailing habitability issues in good faith. Landlords will be required to have rental property inspected and tested by certified industrial hygienists and must obtain certification from the industrial hygienist before the premises can be occupied by a tenant. The bill repeals the exception made for single family residences from state statute.

The bill also directs the Department of Public Health & Environment, Air Quality Control Commission, Water Quality Control Commission, and the State Board of Health to establish residential habitability rules by 2025.

National News

FinCEN Issues Report on Business Email Compromise in the Real Estate Sector

The Financial Crimes Enforcement Network (FinCEN) issued a Financial Trend Analysis(link is external) regarding business email compromise (BEC) in the real estate sector. The report provides information on business email compromise threats and trends between January 2020 to December 2021. The report provides an in-depth analysis of business email compromise challenges within the real estate industry, and how bad actors target businesses and consumers.  

Victims of real estate fraud and business email compromise should contact FBI’s Internet Crime Complaint Center (IC3) at www.ic3.gov or contact your local FBI office as well. NAR will continue to keep you posted and updated regarding real estate fraud matters, and educational resources.

Senate Passes Waters of the US CRA Resolution

On March 29, 2023, the Senate passed a joint resolution of disapproval under the Congressional Review Act (CRA) of the waters of the U.S. (WOTUS) rule by a vote of 53-43, which was passed by the House earlier this month. This was a bipartisan vote, with Senators Rosen (D-NV), Cortez Masto (D-NV), Manchin (D-WV), Tester (D-MT) and Sinema (I-AZ) joining Republicans to support the measure. 

The WOTUS CRA resolution now goes to President Biden, who has publicly stated he will veto it. If the President does so, and Congress votes to override the veto, the resolution would block the WOTUS rule and revert to pre-2015 regulations and guidance.