The For-Rent Form of Covenant is the Rental and Occupancy Covenant that a rental property owner signs and records for the City and County of Denver, binding the property to rent and income limits on its Income Restricted Units (IRUs). It is one of the forms listed with the Denver permit requirements under the Expanding Housing Affordability (EHA) ordinance, published by City and County of Denver Planning and Development. On this page you can fill out the form online on FillingPDF and download or print the completed PDF; the original PDF is published by the City at the link below.
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What is For-Rent Form of Covenant – Denver, CO?
The For-Rent Form of Covenant is the Rental and Occupancy Covenant, a recordable agreement in which a property owner in the City and County of Denver commits that certain rental units will be Income Restricted Units with limited rents and resident incomes, enforceable by the City.
The covenant is the document the Mandatory Affordable Housing Ordinance (Article X of Chapter 27 of the Denver Revised Municipal Code, the "MAH Ordinance") and its Administrative Rules and Regulations require an owner to record. It runs with the land, so it binds everyone who later acquires an interest in the property, and it is senior to all instruments securing permanent financing.
The form is a template with blanks and bracketed placeholders. It covers:
- the owner, the Subject Property and the approved Affordable Housing Plan (date and Reception No.);
- definitions, including Area Median Income (AMI), Eligible Household and Compliance Report;
- rent limits, occupancy and income limits, and the number of IRUs by bedroom count;
- compliance reporting and inspections, lease termination terms, a 99-year term, enforcement and a Memorandum of Acceptance on sale;
- the owner's signature with a notary acknowledgment, and the City's acceptance block.
The City's EHA page lists a separate For-Sale Form of Covenant for ownership units. This form is the one for rental units.
Who needs to file For-Rent Form of Covenant – Denver, CO?
Owners of rental developments in the City and County of Denver who are providing on-site Income Restricted Units under the MAH Ordinance sign and record this covenant. The City's EHA page lists it among the forms for projects that build affordable housing on-site, and it names the form "For-Rent" because the units are rented.
- Property owners: the owner named at the top of the form, which also asks for the type of entity, signs by an authorized person (By, Name and Title lines).
- Owners of ownership (for-sale) projects: the EHA page lists a separate For-Sale Form of Covenant for them.
- Owners paying a fee-in-lieu: the EHA page says incentives are available only when affordable units are built on-site; it does not tie this covenant to the fee-in-lieu option.
- The City: completes the Acceptance by the City and County of Denver block. The owner does not fill it in.
Later owners are bound too: on a sale, the owner must require the buyer to sign a Memorandum of Acceptance.
When to file For-Rent Form of Covenant – Denver, CO
Record the covenant before the certificate of occupancy: the City's EHA page lists the For-Rent Form of Covenant as "to be recorded prior to certificate of occupancy." The covenant also refers to an Affordable Housing Plan that the City has already approved and that is already recorded, and the EHA page says an executed Affordable Housing Plan must go to the Department of Housing Stability (HOST) before site development plan (SDP) approval.
Timing rules inside the covenant run from other events:
- The Initial Leasing Period starts on the first certificate of occupancy for a building with IRUs and ends when all IRUs are leased or six months after the certificate of occupancy, whichever is earlier. A Compliance Report is due at its end.
- After that, Compliance Reports are submitted annually, within 30 days of HOST's request.
- The covenant lasts 99 years from the date of recording.
Documents you need
- The approved Affordable Housing Plan: its date and the Reception No. under which it was recorded in the Denver real estate records are entered in the third recital.
- The description of the Subject Property, entered where the form says [fill in], identifying the real property the covenant will bind.
How to fill out For-Rent Form of Covenant – Denver, CO
Enter the date and the owner
In the opening paragraph, write the day, month and year the covenant is made, the Owner's name and the type of entity the Owner is (the blank after "a").
Describe the Subject Property
Under the first recital, replace [fill in] with the description of the real property the Owner holds in the City and County of Denver.
Enter the Affordable Housing Plan details
In the third recital, enter the date of the approved Affordable Housing Plan and the Reception No. under which it was recorded.
Complete the definitions
In Section 1, enter the number of rental units that are IRUs in ii and replace [XX]%, [YY]% or the additional percentages in iv with the AMI levels for the Eligible Household definition.
Fill in the rent limitations
In Section 2, enter the number of IRUs in each percentage tier and the matching AMI percentage; repeat the item for each additional tier and delete the [REPEAT AS NECESSARY] line.
Match the occupancy and income limits
In Section 3, restate each tier with the same percentages as Section 2 so that each tier is tied to Eligible Households at or below that percentage of AMI.
Complete the unit table
In Section 4, enter the minimum number of IRUs in the parentheses, then fill the table by bedroom count (Studio, 1, 2 and 3 Bedroom) and the percentage columns, with a TOTAL row.
Leave the fixed terms unchanged
Sections 5 through 12 (compliance, termination of lease, 99-year term, run with the land, seniority, survivability, enforcement, Memorandum of Acceptance) are printed text; do not rewrite them.
Complete the owner signature block
Under IN WITNESS WHEREOF, enter the Owner's name and entity type, then the By signature line, Name and Title of the person signing for the Owner.
Prepare the notary acknowledgment
Fill in the state and county at the top; the date, the signer, the capacity and the entity are entered in the acknowledgment, and the notary signs and adds the commission expiration.
Leave the City acceptance block
The Acceptance by the City and County of Denver block, with its own acknowledgment, is completed by the City, so do not fill it in.
Review and download the completed PDF
Check that every placeholder is replaced and the figures agree across Sections 1 through 4, then download or print the completed PDF from FillingPDF and take it to be signed before the notary and recorded.
How to submit For-Rent Form of Covenant – Denver, CO
The form names no portal or fee; it is signed, notarized and recorded, and its printed return address is for the recorded copy. Channels and details:
- Recording: the form carries a "Space above this line is for Recorder's use" area. Complete and sign it, with the owner's notary acknowledgment, and record it in the City and County of Denver real estate records. The EHA page asks for recording before the certificate of occupancy.
- Return of the recorded document by mail: the form's "When recorded mail to" address is Department of Housing Stability, Attention: Catalytic Projects Team, 201 W. Colfax Ave., Dept. 1101, Denver, CO 80202.
- City acceptance: the City signs the Acceptance by the City and County of Denver block; the owner does not complete it.
- After recording: Compliance Reports go to the City within 30 days of HOST's request. After any sale, a copy of the buyer's Memorandum of Acceptance goes to the Executive Director of HOST.
FillingPDF lets you fill out and download the PDF; submission follows the channels above.
Common mistakes to avoid
- Leaving bracketed placeholders such as [XX]%, [YY]%, [# of units], (##) or [REPEAT AS NECESSARY] in the recorded text instead of replacing them with the project's figures.
- Using different AMI percentages in the Eligible Household definition and in Sections 2 and 3, which must describe the same unit tiers.
- Entering an IRU total in Section 4 that does not match the unit counts in Section 1(ii) and Section 2.
- Signing the owner block without the notary acknowledgment, which asks for the state, county, date and the notary's seal and commission expiration.
- Recording after the certificate of occupancy, when the City's EHA page asks for recording before it.
- Using this form for ownership units; the City lists a separate For-Sale Form of Covenant for them.
- Selling the property without requiring the buyer to sign a Memorandum of Acceptance and sending a copy to the Executive Director of HOST.
- Changing the covenant after recording without the City's written consent; the form says it cannot be amended or modified without it.
Frequently asked questions
What is the For-Rent Form of Covenant in Denver?
It is the Rental and Occupancy Covenant that a rental property owner records to bind the property to rent and income limits on its Income Restricted Units. The City and County of Denver can enforce it, and it runs with the land for 99 years from recording.
When does the For-Rent Form of Covenant have to be recorded?
The City's EHA page says it is to be recorded prior to the certificate of occupancy. It follows the approved and recorded Affordable Housing Plan, whose date and Reception No. you enter in the third recital.
What is the difference between the For-Rent and For-Sale covenants?
The For-Rent Form of Covenant is for rental units; the City's EHA page lists a separate For-Sale Form of Covenant for ownership units. Both are listed among the forms for on-site affordable housing and are recorded before the certificate of occupancy.
How long does the covenant last?
Ninety-nine (99) years from the date of recording. Section 7 also says it cannot be amended or modified without the express written consent of the City and County of Denver, and it binds later owners of the property.
Where is the recorded covenant mailed?
The form's "When recorded mail to" line gives Department of Housing Stability, Attention: Catalytic Projects Team, 201 W. Colfax Ave., Dept. 1101, Denver, CO 80202. The space above that line is reserved for the Recorder's use.
Does the covenant need to be notarized?
Yes, the form includes an acknowledgment block for the Owner's signer, with the state, county, date and a notary public's seal and commission expiration. The City's acceptance block has its own acknowledgment, completed by the City.
What reports does the owner have to file after signing the covenant?
A Compliance Report at the end of the Initial Leasing Period, with a signed Resident Income Certification for each household that leased, and then annually, within 30 days of HOST's request. HOST can also request Income Verification documents.
Can I fill out the For-Rent Form of Covenant online?
You can complete the PDF online on FillingPDF and download it. FillingPDF is independent of the City and County of Denver and does not record or submit the covenant; recording and delivery follow the City's own channels.
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