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Are You A Developer?

Included on this page:

What you need to know
What does "permanently affordable" mean?
Permanently affordable units
Allowable sales prices for permanently affordable units
Maximum Allowable Rents 2012
Cash-in-lieu amounts
Off-site units or land dedication
Inclusionary Housing documents developers should know about

What you need to know:

All annexed parcels with residential unit development potential, regardless of size, are subject to the requirements of inclusionary housing.  Generally speaking, Inclusionary Housing requires that 20 percent of the total number of units be permanently affordable to low income households.

There are a variety of ways to meet the inclusionary requirement, including dedicating units on-site, dedicating existing units off-site, land donation and making cash-in-lieu contribution to the city's Affordable Housing Fund or any combination thereof.  A minimum of half of the required affordable units should be provided on site (any fraction of a required on-site affordable unit will be rounded up to one full on-site unit).

The means for meeting the inclusionary housing requirement must be approved by city staff prior to application for a residential building permit.  Developers are encouraged to meet with staff well in advance of permit application to determine how the inclusionary requirement will be met in order avoid permit application delays.

What does "permanently affordable" mean?

Permanently affordable means a given unit has an ongoing resale restriction that is designed to keep the unit affordable, in perpetuity, to low income households.  The exact terms of the resale restriction are contained in the covenant which is recorded against each property.  Permanently affordable units must also be owner-occupied by income eligible households.

Permanently affordable units.

Any proposed permanently affordable units must be approved in advance of a building permit application.  There are minimum size and design requirements for all permanently affordable units.

Size:  Floor area for permanently affordable units must average 80 percent of the average floor area of the market rate units, up to a required maximum of 1,200 square feet.

Design:  For specific permanently affordable unit requirements, please see Livability Guidelines

The restrictive covenant for each permanently affordable unit needs to be signed and recorded prior to application for a residential building permit.

Allowable sale prices for permanently affordable units

Maximum allowable sale prices for permanently affordable units are set each quarter by the city.  Current prices may be found on the pdf Inclusionary Housing Price Chart

For information on how the maximum allowable sales prices for new affordable homes are determined, see:   
pdf Sales Price Calculation Methodology 

Maximum allowable rents

Maximum allowable rents for permanently affordable units are based on the Colorado Housing and Financing Authority (CHFA) annual maximum rents for Boulder.  Current rents maybe found here:
pdfMaximum Allowable Rents 2013

Cash-in-lieu Amounts

Developments with ownership units must provide a minimum of half of the required affordable units on site.  For the other half, developers have the option of making a cash contribution in-lieu of building or providing new or existing permanently affordable units off-site.  Developments with rental units may meet the entire requirement though a cash-in-lieu contribution or by providing new or existing permanently affordable units off-site.  The cash-in-lieu amounts are adjusted on July 1 and are applicable for 12 months.
- pdf2012-2013 Cash-In-Lieu amounts
-To see an overview of how Cash-In-Lieu funds are utilized by the city,  pdf click here

Off-site units or land dedication

These options are evaluated on a case-by-case basis by city staff.  If a development with ownership units provides 50 percent or more of the inclusionary housing requirement via an option other than on-site permanently affordable units, additional affordable housing benefit must be included.  A development with rental units is not required to provide additional affordable housing benefit for not providing units on-site.  Any off-site  units or land proposed to meet the requirements of inclusionary housing need to be approved in advance by city staff prior to building permit application.

Developers working to fulfill their inclusionary housing requirements should be familiar with the following documents:

  pdfInclusionary Housing Summary and Process :  a general introduction and fact sheet about Inclusionary Housing.

 pdf Preliminary Determination of Inclusionary Housing Compliance Form

 pdf Determination of Inclusionary Housing Compliance Form

 pdf Amendment to Determination of Inclusionary Housing Compliance Form

 pdf Request for Alternative Methods to Comply with Inclusionary Housing

 pdf Inclusionary Housing Administrative Regulations

 Inclusionary Housing Ordinance: a link to the full ordinance, which went into effect on March 19, 2010, contained in Chapter 9-13 of the Boulder Revised Code, 1981.

pdf Inclusionary Housing Price Chart: The current Inclusionary Housing pricing  matrix of allowable initial sales prices for permanently affordable homes (PDF file)

pdf Maximum Allowable Rents 2012: Maximum allowable rents for permanently affordable units

pdf Sales Price Calculation Methodology : Information on how the maximum allowable sales prices for new affordable homes are determined.

pdf Livability Guidelines: guidelines and standards for permanently affordableunits. (PDF file)

pdf Off Site Fact Sheet Summary:  fact sheet for off-site affordable units

pdf  Off Site Location Request Process:  process for location approval for development of Permanently
       Affordable units off-site to meet Inclusionary Housing requirements.

pdf Marketing Procedures for Developers: required as well as suggested procedures for the marketing of permanently affordable units. (PDF file)

pdf  Pre-purchase Upgrades:  the policy governing allowable newconstruction pre-purchase upgrades for permanently affordable units. 

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