Public Affairs Update

Public Affairs Update………………………………………………………October 31, 2018

  • Congress OKs Water Infrastructure Bill
  • NAR Joins Data Security Letter to FTC
  • Keep Rental Deduction Simple, Says NAR
  • Existing Home Sales Struggle Despite Strong Economy
  • Pizza & Public Affairs Wednesday November 7, 2018 Noon to 1:00pm at BARA
  • In Case You Missed It


Congress OKs Water Infrastructure Bill
An NAR-backed bill that would authorize numerous port revitalization, flood control, drinking water, and water-storage projects has been passed. [Source: NAR Update 10-19-2018]


NAR Joins Data Security Letter to FTC
A list of principles NAR and other trade associations would like to see in any new data privacy and security legislation has been submitted by NAR and others in a joint letter to the Federal Trade Commission. [Source: NAR Update 10-25-2018]


Keep Rental Deduction Simple, Says NAR
The business income deduction in the tax law should be simplified and made easily available to the 10 million Americans who report income from rental real estate. [Source: NAR Update 10-25-2018]


Existing-Home Sales Struggle Despite a Strong Economy

The growth of home sales declined to its lowest level in three years, according to a new report. What factors have been responsible for the decline of sales? » READ MORE [Source: 10-22-2018]


Pizza & Public Affairs Wednesday November 7, 2018 Noon to 1:00pm at BARA

Jay Sugnet, Senior Planner, Boulder Housing Division-ADU Regs Before and After Revisions and What’s Next…


Summary of Changes - 

The ordinance creates two types of ADUs, affordable and market rate. Affordable units can be a larger size and not provide the required additional parking (see #1, 5 and 7 below) in exchange for agreeing to limit rent to 75 percent of the Area Median Income based on bedroom size.

  1. Parking
  • Allow parking in the front setback for both affordable ADUs and market rate ADUs.
  • Don’t require the one additional parking space for an affordable ADU.
  1. Saturation
  • Increase the saturation rate from 10 to 20 percent.
  • Include co-ops when calculating the saturation rate.
  1. Legal Nonconforming Structures (Saturation Rule)
  • No change. Continue to include legal non-conforming structures in the saturation measurement.
  1. Allowed Zones
  • Allow Attached and Detached ADUs in all the same zones.
  • Allow all ADUs in the RMX-2.
  • Rename OAUs and ADUs to Detached ADUs and Attached ADUs, respectively.
  1. Attached ADUs
  • Allow affordable Attached ADUs to be 1/2 the size of the principal dwelling or 1,000 sq. ft., whichever is less.
  • Market rate Attached ADUs will continue to be limited to 1/3 the size of the principal dwelling or 1,000 sq. ft., whichever is less.
  1. Lot Size
  • Lower the minimum lots size from 6,000 sq. ft. to 5,000 sq. ft. for all types of ADUs.
  1. Detached ADU Size
  • Increase the size limit for a Detached ADU from 450 to 550 sq. ft.
  • Allow up to 800 sq. ft. for Affordable ADUs.
  1. Detached ADU Design
  • Remove the design requirements related to garage doors, roof pitches, and expansion of building coverage for Detached ADUs and rely on the compatible development standards.
  • The requirements for setbacks, height, consistent architecture/materials and open space remain.
  1. Five-Year Requirement
  • Remove the 5-year minimum age requirement for the primary home to create an ADU.
  • Sharpen the definition of primary residence / owner occupancy.
  1. Accessory Unit Permit Renewal
  • Remove the accessory unit permit transfer system.
  • Continue to require a declaration of use and add specific language for affordable ADUs that clearly states the rent restriction provisions and the penalties for not renting at or below the limits.
  1. Short-Term Rentals
  • Prohibit short-term rentals for newly created ADUs.
  • Allow owners with a current short-term rental license (as of the adoption date) to continue renting until they either fail to renew the permit or a change of ownership.
  1. Accessory Unit Occupancy Limit
  • Remove the 2-person occupancy limit for the ADU.
  • Allow roomers in the principal dwelling.
  • Modify the current occupancy limit for a property with an ADU to NOT include dependents in the limit of 3 or 4 unrelated people depending on the zone.

Other Provisions:

  • The city will publish rent limits for Affordable ADUs annually based on the CHFA affordable rent calculations (75% AMI).

Penalties for renting above the maximum rents will require the owner to repay the tenant for the amount charged over the maximum rents plus interest.


It’s Complicated, Right? Bring all your questions for Jay. RSVP Today!


December 7, 2018 P & PA will feature CAR Vice President of Government Affairs, Elizabeth Peetz, to provide a 2019 Legislative Session Update-Save the Date!


In Case You Missed It