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Brighton assigns state-prescribed purchase rights to Housing Authority to preserve affordable units
Summary
Council voted 7–1 to assign its statutory rights of first refusal and first offer under House Bill 24-1175 to the Brighton Housing Authority, enabling the authority to act quickly to preserve or convert multifamily properties into affordable housing while adhering to timelines and due-diligence rules set by the statute.
Brighton City Council on Dec. 16 voted 7–1 to assign the city’s statutory rights of first refusal and first offer to the Brighton Housing Authority (BHA) under state House Bill 24-1175. The measure allows the housing authority to match purchase offers on qualifying five-plus-unit affordable properties or make pre-listing offers on larger non-affordable properties that could be converted to affordable housing.
Affordable housing coordinator Sean Wyman explained the two rights created by the 2024 state legislation: a right of first refusal for five-unit-or-larger properties already income-restricted, and a right of first offer for 15–100 unit market properties that would be converted to affordable housing. Wyman said the act requires timelines and reporting after an owner notifies a jurisdiction of intent to sell, including a 14-day window to notify intent and a seven-day period to begin due diligence under the right-of-first-offer/right-of-first-refusal framework.
Council asked procedural questions about timelines, non-disclosure agreements and whether the city could instead review cases on a case-by-case basis rather than assigning blanket authority. Wyman and staff said the city could retain rights and coordinate case-by-case but recommended assignment because the housing authority is better positioned to secure funding and execute purchases. Council approved the assignment 7–1.
There is no obligation to buy; the statute and the proposed agreement require adherence to statutory timelines, reporting and possible non-disclosure agreements during due diligence.
