SNOWMASS VILLAGE — State Rep. Kathleen Curry told local officials Monday afternoon that she would try to take on the Telluride case that is throwing a wrench in many ski towns’ employee housing efforts.
Curry, who is in the valley this week visiting with local governments and is meeting with the Pitkin County commissioners today, stopped in to update the Snowmass Village Town Council on the most recent session of the state Legislature, which wrapped up in May. Curry represents state house district 61, which includes Pitkin County, the Roaring Fork Valley portions of Eagle and Garfield counties, and Gunnison and Hinsdale counties.
Councilman Arnie Mordkin brought up the issue of what’s known as the Telluride case, a 2000 Colorado Supreme Court ruling that upholds a state statute prohibiting municipalities from imposing rent control on private development.
The ruling is causing headaches in various ski towns whose affordable housing is being legally challenged on the basis of that case. That includes the town of Snowmass Village, which is being sued by the owner of 18 affordable housing units next to the Timbers Club to drop the rent restriction. Attorneys for both sides are currently discussing a settlement.
Measures to amend the rent control statute have thus far failed, but Curry told the council, “I would love to continue to work on that.”
Curry admitted that she needs to be further educated on the issue, but nodded in understanding of the council’s explanation that resort towns like Snowmass Village need to have rent-controlled housing in order to attract and retain essential workers.
“The genesis of this was to prevent the heavy hand of governments to simply control rent,” said local attorney Dave Myler by way of explanation.
Myler, who said he’s spent time working on this issue, said the Supreme Court upon making their ruling chose not to carve out any exceptions, leaving that job to the legislature. And in the past few years, legislators have made proposed bills too complex, with too many compromises, to pass, he said.
Curry suggested that a bill with simple language and a coalition of support behind it would have more chance of passing, especially if it had more stakeholders on board, such as the development community and part of the Colorado Municipal League. Curry also told the council that state Senator Gail Schwartz, who is from Snowmass Village, might be interested in working on a bill to amend the rent-control statutes, and that it would likely have support from the Gunnison-Crested Butte area, where Curry is from.
“If you wanted us to move forward, if this is something that’s been talked about repeatedly and failed, let’s figure out how to get it passed,” said Curry. “Maybe we can work on it and … stop goofing around here.”
Curry suggested that the issue be further discussed at upcoming local meetings, such as a meeting of mayors this week, and council members expressed their thanks.
The threat of the Telluride case to employee housing programs is somewhat unclear, although it has been used in at least three legal challenges to the Aspen/Pitkin County housing system. Snowmass Village, which owns at least a portion of most of the rental employee housing in the town, is in a much better position than Aspen, where most of the rental housing is privately owned and managed, said Snowmass Mayor Doug “Merc” Mercatoris. Still, Snowmass’ strategy of buying a small percentage of every developer-built deed-restricted housing project has yet to be tested in court, he said.
And according to Snowmass Town Manager Russ Forrest, the attorney who successfully argued the Telluride case is actively contacting developers and property owners around the state urging them to pursue their rights under the ruling.
Curry, who is active in water and natural resource issues, also spoke about the progress the legislature made this session with school funding, expanding children’s healthcare and rural home construction.
The legislature passed House Bill 1141, which requires municipalities and water districts to make sure they have an adequate water supply before approving new development or making annexations. In terms of water conservation, she said meetings are under way this summer to work out details on potential legislation to allow more use of gray water and cisterns, for example running shower water through toilets.
Curry also spoke about bills that allow state authorities to enforce off-road rules on federal land, provide $14 million for species conservation, and continue to work on oil and gas issues.
Council members urged her to continue working on statewide transit funding, since I-70 is an important travel corridor for Aspen/Snowmass guests.
Curry pointed out that of 65 house members, only 10 are from rural Colorado and it’s often tough to represent Western Slope interests, but “I’m pretty vocal,” she said.
lutz@aspendailynews.com
