In the category of everything about new housing construction being complicated, a group of cities in Colorado have filed suit in district court claiming that an executive order signed by Governor Jared Polis advancing new housing initiatives is unconstitutional.
In an 86-page suit filed before the District Court of Denver County, the cities of Arvada, Aurora, Glendale, Greenwood Village, Lafayette, and Westminster are charging that the executive order, signed in 2023, usurps local governance.
In signing that executive order, Polis ordered various state agencies to inventory and catalogue local programs designed to provide support to the housing efforts of cities, and to do so in a way that would support statewide goals.
“We want to be a part of the conversation about how we remove barriers to housing at the local level,” Polis said in signing the order, adding that it was his goal to ask local governments to reduce red tape and streamline development processes.
The executive order additionally addressed such issues as residential occupancy limits, accessory dwelling units, higher-density housing near transit stops, and mandates for more sustainable affordable housing.
But the cities claim that the order, along with two pieces of legislation, House Bill 24-1313, which focuses on the creation of housing in transit-oriented communities, and House Bill 24-1304, centered the prohibition of minimum parking requirements, has served to hamper their own housing efforts.
The cities also argue that they should be able to establish their own land use and zoning laws, without interference from the state. At issue is the tradition of the home rule powers of the cities which implies that various municipalities can take on housing policy without being directed by the state.
It is not known when the District Court may rule in the matter.
July 14, 2025
By Garry Boulard
Photo of Jared Polis, Governor of Colorado
