Section 24-32-705 - Functions of division(1) The division has the following functions: (a) To encourage private enterprise and all public and private agencies engaged in the planning, construction, and acquisition of adequate housing or the rehabilitation or weatherization of existing housing in Colorado by providing research, advisory, and liaison services and rehabilitation, construction, acquisition, and weatherization grants and loans from appropriations made for this purpose by the general assembly. For the purposes of this subsection (1)(a), "weatherization" means the provision and installation of materials and devices that improve the thermal performance of a residence so as to conserve energy and reduce energy costs and includes those structural, heating, electrical, and plumbing repairs and improvements that are necessary to safely and effectively improve thermal performance. All such grants and loans to public and private agencies must be at least equally matched from a nonstate source unless sufficient local sources are not available because of other essential public functions and must be for providing energy-efficient housing to low- and moderate-income households. These grants or loans shall not be used for administration, which must be funded within the administrative budget of the division.(b) To assist local communities in the development and operation of local housing authorities;(c) To encourage and promote cooperation among counties and municipalities to jointly establish and operate housing authorities;(e) To conduct continuing research into new approaches to housing throughout the state including, but not limited to, the following:(IV) Transit-oriented development that includes increased housing density near employment, education, and town centers; and(V) Advanced energy performance standards that minimize the total building operational costs during the affordability period as determined by the division;(f) To investigate living, dwelling, and housing conditions in the state and the means and methods of correcting unsafe, unsanitary, or substandard conditions;(g) To enter upon buildings or property in order to conduct investigations or to make surveys or soundings. In the event the division is unable to obtain permission for such entry, the director may petition the district court in which the property is located for an order authorizing such entry. Upon a finding by the court that the order requested is reasonably necessary to carry out the intent of this part 7, the order shall be granted.(h) To make available to responsible agencies, boards, commissions, or other governmental agencies its findings and recommendations with regard to any building or property where conditions exist which are unsafe, unsanitary, or substandard;(i) To accept and receive grants and services from the federal government and other sources and to process such grants and services for other public and private nonprofit agencies and corporations;(j) To enforce the provisions of part 9 of this article and the rules and regulations adopted pursuant thereto;(k) To provide training and technical assistance to counties and municipalities which have building codes in the development of energy efficiency construction and renovation performance standards by such local governments;(n) Pursuant to section 24-32-717, to administer loans to local governments, local housing authorities, and public and private corporations;(p) Pursuant to section 24-32-718, to maintain a database of affordable housing units to be lost as affordable housing;(t) To serve as the sole state agency for the purpose of administering and distributing financial housing assistance to persons in low- and moderate-income households and to persons with disabilities and assist such persons in obtaining housing, including, without limitation, rental assistance;(u) To enforce the provisions of the "Mobile Home Park Act" created in part 2 of article 12 of title 38 and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in part 11 of article 12 of title 38, and the rules and regulations adopted pursuant to section 38-12-1104 (2)(j).(v) To collaborate with other state agencies to develop incentives that support:(I) Local development near transit corridors;(II) Increased housing density development within employment, education, and town centers; and(III) Energy performance standards that minimize total building costs during the affordability period, as determined by the division.(w) To prepare an annual public report on funding of affordable housing preservation and production in accordance with section 24-32-705.5 and to satisfy other requirements in section 24-32-705.5 pertaining to the preparation and dissemination of the report. In its presentation to the joint committees of reference pursuant to section 2-7-203, the department shall summarize the information contained in the report concerning affordable housing funding administered by the division since the department's prior presentation.(x) To optimize the outcomes of a particular program or particular use to the benefit of households served in a manner that optimizes the socioeconomic and housing stability outcomes of households served; optimizes the financial sustainability of an affordable housing project or program; optimizes the creation, operation, and affordability length of affordable housing stock created; optimizes the preservation of naturally occurring and subsidized affordable housing; considers the impact of award terms on the financial stability of the organizations delivering development projects and resident services; leverages or is leveraged by other available sources of money; addresses housing needs throughout the state; and serves populations with the greatest unmet need.(2) The division, through the director thereof, shall serve in an advisory capacity to the state housing and finance authority, created by part 7 of article 4 of title 29, C.R.S., and shall provide information on the housing facility needs of low- and moderate-income families in the state of Colorado.(5) The division shall collaborate with other state agencies in connection with the disposition of state-owned assets to be used for low- and moderate-income housing.(6)(a) The division shall maintain the confidentiality of all names, addresses, and personal identifying information of applicants, recipients, and former recipients of housing assistance, which forms of housing assistance include without limitation housing vouchers, emergency housing assistance, and homeless services.(b) Notwithstanding any provision of this subsection (6), the division may publish or provide aggregate or de-identified data concerning applicants, recipients, and former recipients of housing assistance to third parties and other governmental entities, and may enter into data-sharing agreements authorizing the transfer of names, addresses, and personal identifying information of applicants, recipients, and former recipients of such housing assistance.(c) Any third party or governmental entity that receives names, addresses, and personal identifying information of applicants, recipients, and former recipients of housing assistance in accordance with this subsection (6) from the division pursuant to a data-sharing agreement shall maintain the confidentiality of all names, addresses, and personal identifying information obtained from such agreements.(d) As used in this subsection (6), "governmental entity" and "personal identifying information" have the same meanings as specified in section 24-73-101 (4).(7) The division shall administer: (a) Affordable housing guided toolkit and local officials guide program in accordance with section 24-32-721.7;(b) The transformational affordable housing revolving loan fund program created in section 24-32-731 (2)(a), unless the division elects to contract out full or partial administration of the loan program pursuant to section 24-32-731 (2)(b); (c) Local investments in the transformational affordable housing grant program created in section 24-32-729 (2)(a); (d) The connecting Coloradans experiencing homelessness with services, recovery care, and housing supports grant program created in section 24-32-732;(e) The child care facility development toolkit and technical assistance program created in section 24-32-3802 (2);(f) The child care facility development planning grant program created in section 24-32-3803 (2)(a); and(g) The child care facility development capital grant program created in section 24-32-3804 (2)(a).Amended by 2024 Ch. 295,§ 2, eff. 8/7/2024.Amended by 2024 Ch. 279,§ 2, eff. 8/7/2024.Amended by 2024 Ch. 108,§ 2, eff. 8/7/2024.Amended by 2022 Ch. 290, § 3, eff. 6/1/2022.Amended by 2022 Ch. 285, § 3, eff. 5/31/2022.Amended by 2022 Ch. 230, § 3, eff. 5/26/2022.Amended by 2021 Ch. 396, § 2, eff. 9/7/2021.Amended by 2021 Ch. 121, § 1, eff. 9/7/2021.Amended by 2021 Ch. 356, § 4, eff. 6/27/2021.Amended by 2019 Ch. 200, § 3, eff. 9/1/2019.Amended by 2019 Ch. 201, § 2, eff. 8/2/2019.Amended by 2019 Ch. 281, § 2, eff. 5/23/2019.Amended by 2016 Ch. 210, § 46, eff. 6/6/2016.L. 70: p. 240, § 1. C.R.S. 1963: § 69-9-5. L. 73: p. 815, § 2. L. 74: (1)(b) and (1)(j) amended, p. 283, § 1, effective April 19. L. 75: (1)(j) added, p. 813, § 2, effective July 1; (1)(a) amended, p. 215, § 46, effective July 16. L. 76: (1)(a) amended, p. 612, § 1, effective May 10. L. 77: (1)(k) added, p. 356, § 2, effective July 1. L. 79: (1)(l) and (1)(m) added, p. 322, § 5, effective July 1. L. 80: (1)(a) amended and (3) added, p. 595, § 2, effective May 1. L. 82: (1) amended, p. 369, § 2, effective April 30. L. 99: (1)(d) amended and (1)(o) added, p. 440, § 3, effective August 4. L. 2000: (3) repealed, p. 1548, § 12, effective August 2. L. 2002: (1)(p) added, p. 413, § 2, effective August 7. L. 2003: (1)(d), (1)(e)(I), (1)(e)(II), and (1)(o) repealed, p. 532, § 1, effective March 5. L. 2009: (1)(r) added, (HB 09-1276), ch. 2220, p. 2220, § 1, effective June 2; (1)(q) added, (HB 09 -1197), ch. 374, p. 374, § 1, effective August 5. L. 2010: (1)(s) added, (HB 10-1240), ch. 872, p. 872, § 3, effective May 5. L. 2011: (1)(t) added, (HB 11-1230), ch. 585, p. 585, § 2, effective July 1. L. 2012: (1)(t) amended, (SB 12-158), ch. 541, p. 541, § 2, effective May 3. L. 2016: (1)(r) and (1)(s) repealed, (SB 16-189), ch. 766, p. 766, § 46, effective June 6. L. 2019: (1)(u) added, (HB 19-1309), ch. 2627, p. 2627, § 2, effective May 23; (1)(a) and (1)(n) amended, (HB 19-1322), ch. 2168, p. 2168, § 2, effective August 2; (4) added, (HB 19-1319), ch. 2164, p. 2164, § 3, effective September 1. (1) Subsection (1)(r) was lettered as (1)(q) in House Bill 09-1276 but has been relettered on revision for ease of location.
(2) Subsection (1)(q)(II) provided for the repeal of subsection (1)(q), effective January 1, 2015. (See L. 2009, p. 374.)
(3) Amendments to subsection (7) by SB 22-159, HB 22-1304, and HB 22-1377 were harmonized.
2024 Ch. 295, was passed without a safety clause. See Colo. Const. art. V, § 1(3).2024 Ch. 279, was passed without a safety clause. See Colo. Const. art. V, § 1(3).2024 Ch. 108, was passed without a safety clause. See Colo. Const. art. V, § 1(3). For the legislative declaration in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019. For the legislative declaration in HB 19-1319, see section 1 of chapter 200, Session Laws of Colorado 2019. For the legislative declaration in HB 21-1271, see section 1 of chapter 356, Session Laws of Colorado 2021. For the legislative declaration in SB 22-159, see section 1 of chapter 230, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1304, see section 1 of chapter 290, Session Laws of Colorado 2022. For the legislative declaration in HB 22-1377, see section 1 of chapter 285, Session Laws of Colorado 2022. For the legislative declaration in HB 24-1308, see section 1 of chapter 295, Session Laws of Colorado 2024. For the legislative declaration in HB 24-1237, see section 1 of chapter 279, Session Laws of Colorado 2024.