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Front Range mayors suing state say new housing laws put home rule rights 'under attack'

In response, Governor Jared Polis said the "common-sense" laws at the center of the debate help answer the demand for lower-cost housing.

On Monday, the mayors of the six cities suing the state put out an open letter, saying their home rule rights are "under attack" and calling Gov. Jared Polis’ enforcement "a bully’s tactic."

Front Range mayors suing state say new housing laws put home rule rights 'under attack'

Open letter against new state housing laws.jpg

By: Ryan Fish

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AURORA, Colo. — Olde Town Arvada can be a tough place to find a parking spot.

“Parking is not just parking; parking is quality of life,” driver David Spitz told Denver7 on Monday after nabbing a spot on the street. “When you come home from work and you really need to go home, and you're tired and you need to circle the block 100 times and you can't find a place, that's not quality of life.”

Spitz is one of many Coloradans frustrated with a new state law, which aims to create more room for affordable housing by banning local governments from enacting or enforcing parking minimums for new multifamily developments.

Olde Town’s parking squeeze is mentioned in a lawsuit against the state and Governor Jared Polis, which was filed in Denver District Court in May, brought by Arvada and five other Denver metro home rule cities.

Watch our initial coverage of the lawsuit in the video player below

Six cities accuse Polis, state of overstepping authority with housing reforms

In Colorado, home rule is a governing structure that gives counties and cities more control over local matters. With home rule, local ordinances that address local issues generally supersede state law. However, in matters of statewide concern, state laws may take precedence, according to a report by the Legislative Council Staff.

The cities claim two housing laws — House Bill 24-1313 and House Bill 24-1304 — and a 2025 executive order violate the Colorado Constitution by stripping local governments of their land-use authority.

Read the full lawsuit below

On Monday, the mayors of the six cities — Arvada, Aurora, Glendale, Greenwood Village, Lafayette and Westminster — put out an open letter, saying their home rule rights are “under attack" and calling Polis’ executive order threatening to withhold funding from cities that don’t comply “a bully’s tactic.”

“I think it's really important to protect local control that's enshrined in our state's constitution,” said Aurora Mayor Mike Coffman in a sit-down interview with Denver7. “In talking to some other mayors, they say, ‘Well, I don't think [the new pair of laws] was so bad.’ But what happens when it's something you think is really bad, but you've already allowed that precedent to happen, in terms of eroding local control?”

Read the open letter below

Coffman said Aurora is “very committed” to finding affordable housing solutions, pointing to the city’s pledge to add more than 500 new affordable housing units each year over three years, in order to receive funding through Proposition 123.

“We also like the idea of transit-oriented development, that kind of building density in terms of housing by, you know, in mass transit corridors, particularly by light rail stops by major bus stops,” he added. “So we are we've been moving in that direction for some time.”

Denver7's Ryan Fish sat down with Aurora mayor Mike Coffman on Monday. — Pictured: Denver7's Ryan Fish with Aurora Mayor Mike Coffman

But Coffman said the state should let local leaders decide what solutions work best for each community.

“The common issue amongst us, amongst the six mayors [who are part of the lawsuit], is the home rule authority, is the ability to make these decisions at the local level,” he said. “The governor's effectively taking away a voice by the people of this, because he doesn't like some of the decisions that have been made by some local governments."

Denver7 brought those concerns to the governor’s office, which responded with a statement. It also recently cited a study that “shows local zoning restricts housing options and curbs the construction of affordable housing in Colorado.”

“Coloradans are demanding action from our leaders to bring down housing costs. Our state has a housing shortage, and the Governor wants to bring everyone to the table to help find solutions because this is a challenge that crosses local boundaries. It’s disappointing to see certain local governments that have among the priciest homes in Colorado use taxpayer money on a lawsuit that could go toward lowering the cost of housing. It’s clear this lawsuit is about preventing more housing from being built that Coloradans can afford. Rather than standing in the way of more housing being built, Governor Polis and the General Assembly have passed common-sense laws that break down barriers to housing. The Governor is proud of this work, appreciates the partnership and collaboration with so many local governments, and looks forward to seeing its impact in communities across the state. We are confident a court will rule in the state’s favor.”

One of the most common criticisms of those who oppose measures aimed at increasing housing supply is being labeled a NIMBY, which comes from the phrase "Not in my Backyard."

“We're certainly not a NIMBY, and I think you have to look at it community by community or city by city,” Coffman said. “We are doing everything we can to foster affordable housing… So we don't disagree with the governor on all these issues, but we fundamentally disagree… when it comes to who ought to be making these decisions.”

The lawsuit is being led by the City of Greenwood Village. Coffman said Aurora City Attorney Pete Schulte is involved as well, but could not provide an exact number of hours Schulte has spent working on that support.