Occupancy Laws in Fort Collins: No More U+2
Housing regulations can be complex, in particular understanding occupancy laws in your city. As many Fort Collins occupants and landlords know, the old occupancy law known as U+2 is no more. Residents, landlords, and potential renters may be wondering what this change means for them. For example, if a new law will take the place of U+2 or how codes will be enforced moving forward. Henderson is here to answer any questions you may have about Fort Collins occupancy laws.
What Are Occupancy Laws?
Occupancy laws, including the long-standing Fort Collins ordinance referred to as “U+2”, are regulations that govern the number of individuals that can live in a single dwelling unit. Occupancy laws are designed to maintain neighborhood harmony, ensure safety, and preserve the character of residential areas. There are citywide occupancy laws, as well as statewide laws. Specific to Fort Collins was an infamous rule, popularly known as U+2. The code’s language stated that no more than three unrelated individuals could live in a single dwelling unit. In April 2024, Gov. Jared Polis signed House Bill HB24-1007, which prohibits city residential occupancy limits based on familial relationship.
History of U+2
The primary occupancy law in Fort Collins was the U+2 rule. As noted above, this regulation prevented more than three unrelated individuals from residing in a single-family dwelling. Specifically, the rule allowed:
- One family (unlimited number of related individuals) and up to two additional unrelated individuals.
- Two unrelated individuals and any of their relatives.
Prior to July 2, 2024, the City of Fort Collins actively enforced occupancy laws through its Code Compliance Office. Violations could result in significant penalties, including fines and mandatory reduction in the number of occupants.
U+2 and House Bill 24-1007
HB 24-1007 went into effect statewide for Colorado on July 1, 2024. While this law prohibits local occupancy laws based on familial relationship, such as U+2, the ordinance does allow local governments to exercise some control. Local governments can implement residential occupancy limits based only on:
- Demonstrated health and safety standards
- These health and safety standards include international building code standards and fire code regulations. It also includes environmental wastewater and water quality standards.
- Affordable Housing Program Guidelines
- New occupancy laws can also be based on the local, state, federal, or political subdivision affordable housing program guidelines.
New Occupancy Laws in Fort Collins
To accommodate HB 24-1007, the City of Fort Collins made a simple adjustment to the existing code: removal of the code itself. On July 2, 2024—in a 5-2 vote—Fort Collins City Council abolished housing occupancy limits. City Council passed Ordinance Number 081, 2024, which removed all occupancy regulations from city codes. They also passed Ordinance Number 082, 2024, which removes occupancy regulations from the Municipal Code. In other words, at the time of writing, there are no occupancy laws in Fort Collins.
Neighborhood Quality
While there are no occupancy laws in Fort Collins at the moment, there are still Code Compliance requirements and enforcement. City Council made clear there remains a commitment to the health and safety of residents and quality of neighborhoods. For example, renters and landlords should continue to remain aware of and abide by noise complaints, parking laws, and yard maintenance.
What Does This Mean For You?
Now that there are no occupancy laws in Fort Collins, understanding and complying with city codes is essential for maintaining safe, legal, and harmonious living environments. By familiarizing yourself with these codes and other related regulations, you can ensure that you are contributing to the well-being of your community while avoiding potential legal issues.
If you have any questions about these codes or now the new occupancy law impacts you as a landlord or tenant, contact Henderson today!