Bill > SB1567

This bill establishes new regulations for home-rule municipalities with populations under 250,000 that are located near or host a large institution of higher education, specifically addressing how these municipalities can regulate dwelling unit occupancy. The bill prohibits municipalities from creating zoning ordinances that limit dwelling unit occupancy based on age, familial status, occupation, relationship status, or familial relationships. However, municipalities can impose occupancy limits based on physical space, allowing one occupant per sleeping room of at least 70 square feet, with one additional occupant for every extra 50 square feet. The bill also maintains municipalities' ability to enforce occupancy limits through health and safety standards from building codes, fire codes, and health department guidelines. Importantly, the bill prevents municipalities from requiring lease reviews to determine occupant numbers and does not interfere with private property owners' associations' ability to set their own rules. The legislation provides a legal mechanism for property owners or tenants to take civil action against municipalities that violate these occupancy regulations, including the potential for declaratory judgments, mandamus writs, injunctions, and mandatory attorney's fees for prevailing claimants. The bill is set to take effect on September 1, 2025.