§ 29-4-210 — Rentals and tenant selection

Colorado § 29-4-210

• Jurisdiction: Colorado
• Title 29: Government
• Art.: Housing

Text

(1) In the operation or management
of housing projects, any housing authority at all times shall observe the following
duties with respect to rentals and tenant selection:

(a) It may rent or lease dwelling accommodations therein only to persons of
low income, being persons receiving incomes less than the incomes which,
according to the determination of the authority, persons must receive to enable
them to pay the rent necessary to secure safe and sanitary dwelling
accommodations within the boundaries of the authority, except such dwelling
accommodations as are provided by the authority or the city.

(a.5) Notwithstanding the limitations of paragraph (a) of this subsection (1), a
housing authority may rent or lease dwelling accommodations therein to:

(I) Persons who, by virtue of age or disability, have special housing needs or
requirements that cannot reasonably be met by existing housing available within
the boundaries of the authority; and

(II) Other persons, without regard to income, in a manner consistent with the
provisions of section 29-4-203 (12).

(b) It may rent or lease the dwelling accommodations therein only at rentals
within the financial reach of such persons of low income.

(c) It may rent or lease to a tenant dwelling accommodations consisting of
the number of rooms, but no greater number than that which it deems necessary to
provide safe and sanitary accommodations to the proposed occupants thereof
without overcrowding.

(d) It shall not accept any family as a tenant in dwelling accommodations
that are provided for persons of low income if the family who would occupy the
dwelling accommodations has a net annual income in excess of five times the
annual rental of the dwelling accommodations to be furnished, after allowing all
exemptions available to families occupying dwellings in low rent housing
authorized under the act of Congress of the United States known as the United
States Housing Act of 1937, as amended. In computing such rental, for the
purpose of selecting tenants, there shall be included in the rental the average
annual cost to the occupant, as determined by the authority, of heat, water,
electricity, gas, and other necessary services or facilities, whether or not the charge
for such services and facilities is in fact included in the rental.

(2) Nothing in this part 2 shall be construed as limiting the power of an
authority:

(a) To vest in an obligee the right, in the event of default by the authority, to
take possession of a housing project or cause the appointment of a receiver
thereof, free from all the restrictions imposed by this part 2 with respect to rentals,
tenant selection, manner of operation, or otherwise;

(b) To vest in obligees, pursuant to section 29-4-217, the right, in the event of
default by the authority, to acquire title to a housing project or the property
mortgaged by the housing authority, free from all the restrictions imposed by this
part 2 except those imposed by sections 29-4-217 and 29-4-222.

Legislative History

Source: L. 35: p. 536, � 10. CSA: C. 82, � 38. L. 37: p. 669, � 2. CRS 53: � 69-3-10. L. 59: p. 488, � 1. C.R.S. 1963: � 69-3-10. L. 89: (1)(a.5) added, p. 1263, � 1, effective March 21. L. 2000: (1)(a.5) and (1)(d) amended, p. 882, � 7, effective August 2.