U.S. Congressman Gabe Evans wrote a letter to Governor Jared Polis on August 12 that stated concerns that Executive Order D 2025 005 — which ties state grant funding to local governments’ compliance with new housing and growth laws — removes the right of local communities to determine their own housing and zoning policies. Evans said that the order “threatens to withhold more than $100 million in state funds from hundreds of thousands of Coloradans.”
Evans referenced a lawsuit regarding Polis’ executive order filed by six cities — Aurora, Arvada, Glendale, Greenwood Village, Lafayette, and Westminster. “By threatening to revoke funding for critical infrastructure and public safety projects, you’re playing chicken with hardworking families, who will likely choose to relocate outside the state should this attack on communities continue,” Evans wrote.
Evans claimed that Polis’ leadership has caused Colorado to drop from one of the top 10 growth states to one of the bottom 10, with more people moving away from the state than arriving. “As a state already struggling with slowing growth, labor shortages, and high costs of living, your Executive Order forces local municipalities to jump through peremptory hoops just to access their funds they’re entitled to — further jeopardizing Colorado’s economic stability and the well-being of residents,” Evans wrote.
"Everything we're doing here is signed into laws the legislature passed," Governor Polis told CBS Colorado earlier this month "They said, 'You know what? You have to allow an accessory dwelling unit to be built on your property.' If the city is turning you down for that or adding reasonable delays, that means they're violating the law. And, of course, there's consequences to that, and they're gonna lose some grant funding."
Colorado is ranked as the 48th state for housing affordability in the Best State ranking system with only California and New Jersey having worse housing affordability scores. Housing affordability, zoning laws, and building codes have been a key point of discussion in Longmont for the city council candidates.
“Let me be clear: I fully support building more housing in underserved communities – and I firmly believe we can achieve that goal by cutting red tape and burdensome regulations,” Evans wrote. “However, I do not support coercing local municipalities into complying with a political agenda by threatening to cut off their funding, especially when the Governor is encroaching on the local governments’ rights under Home Rule.”
A total of 34 grants, loans, and tax credits will not be available to communities that fail to follow the housing laws signed by the legislature according to Governor Polis and the executive order he signed in May.
There are seven bills passed by the legislature that Polis references. If local communities fail to abide by these rules then they will lose access to state funding, which Congressman Evans and six Colorado cities argue is a violation of Colorado’s Home Rule Governance.
HB24-1007, Prohibit Residential Occupancy Limits;
HB24-1152, Accessory Dwelling Units;
HB24-1304, Minimum Parking Requirements;
HB24-1313, Housing in Transit-Oriented Communities;
SB24-174, Sustainable Affordable Housing Assistance;
HB25-1273, Residential Building Stair Modernization; and
SB25-002, Regional Building Codes for Factory-Built Structures