Cal. Civ. Code § 38-12-301
Control of rents by counties and municipalities prohibited - legislative declaration.
Operative Text
(1) The general assembly finds and declares that the imposition of rent control on private residential housing units is a matter of statewide concern; therefore, no county or municipality may enact any ordinance or resolution that would control rent on either private residential property or a private residential housing unit. (2) For purposes of subsection (1) of this section, an ordinance or resolution that would control rent on either private residential property or a private residential housing unit shall not include: (a) A voluntary agreement between a county or municipality and a permit applicant or property owner to limit rent on the property or unit or that is otherwise designed to provide affordable housing stock; or (b) The placement on the title to the unit of a deed restriction that limits rent on the property or unit or that is otherwise designed to provide affordable housing stock pursuant to a voluntary agreement between a county or municipality and a permit applicant or property owner to place the deed restriction on the title. (3) An agreement authorized pursuant to subsection (2) of this section may specify how long either private residential property or a private residential housing unit is subject to its terms, whether a subsequent property owner is subject to the agreement, and remedies for early termination agreed to by both the permit applicant or property owner and the county or municipality. (4) Notwithstanding any other provision of this section, a county or municipality may not deny an application for a development permit as defined in section 29-20-103 (1), C.R.S., because an applicant for such a permit declines to enter into an agreement to limit rent on either private residential property or a private residential housing unit. (5) This section is not intended to impair the right of any state agency, county, or municipality to manage and control any property in which it has an interest through a housing authority or similar agency.
Colo. Rev. Stat. § 38-12-301 establishes that controlling rents on private residential housing is a statewide matter, meaning no Colorado county or city may pass an ordinance or resolution that caps or otherwise regulates rent on private residential property. The prohibition does not extend to voluntary agreements between a local government and a property owner or permit applicant that limit rents as part of an affordable-housing arrangement, nor to deed restrictions placed on a property's title under such agreements. Government entities retain the ability to manage and set terms for property in which they hold an interest, such as through a housing authority.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-301, no Colorado county or municipality has the authority to impose mandatory rent control on private residential units, so landlords operating in the private market are not subject to locally enacted rent caps. However, a property owner who voluntarily enters into an agreement with a local government—for example, as part of a permitting or affordable-housing arrangement—may agree to limit rents, and those terms can bind subsequent owners depending on how the agreement is structured. Operators who choose not to enter such voluntary agreements should be aware that § 38-12-301(4) prohibits a local government from denying a development permit solely because an applicant declined to agree to rent limits.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-301 means that, as a matter of state law, tenants in Colorado's private residential market are not protected by any locally enacted rent-control ordinance, because counties and municipalities are prohibited from passing such measures. Tenants living in units subject to a voluntary affordable-housing agreement or a deed restriction under § 38-12-301(2) may have contractually established rent limits that apply to their unit, and reviewing the property's title or any recorded agreements could clarify whether such protections exist. Tenant-rights organizations or a legal aid office can help renters understand whether a specific property is covered by any voluntary agreement or deed restriction authorized under this section.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.