Notice Requirements and Purchase Opportunities in Denver

Denver municipal code contains both notice and purchase offer rights for the city, which are triggered by an owner’s decision to opt-out of a project-based Section 8 contract, as well as by owner actions to terminate other state and local affordability arrangements.

Owners must give, to both tenants and the city, one-year notice of pending Section 8 contract expirations, 210 days’ notice of the intention to opt-out of long-term contracts and 150 days of the intention to opt-out of one-year contract extensions. For local preservation arrangements, a 90-day notice is required any time the owner “takes action which will make the affordable housing no longer affordable.” The code prevents owners from taking any action during the required notice period that would “preclude the city or its designee from succeeding to the contract or negotiating with the owner for purchase.” The code also provides for an unspecified civil penalty for failure to comply with its provisions, with all fines payable into a housing replacement fund established and run by the city.

Contributed By: 
National Housing Law Project

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