BOULDER, Colo. — The City of Boulder has shut down an off-campus student housing building on University Hill due to "safety violations," giving 60 University of Colorado Boulder students only hours to collect their belongings and leave.
In a letter given to residents Monday, the city said the building located at 891 12th Street is "being closed immediately" and residents must "remove personal items that you will need for the foreseeable future." The city then issued a press release, claiming the property owner illegally constructed additional bedrooms that did not meet city codes.
“This is an incredibly unfortunate situation, and we truly regret the inconvenience and disruption for renters,” said Brad Mueller, director of Planning & Development Services, in a statement. “However, safety is always first, and the conditions discovered represent an immediate risk. The building code exists to ensure minimum safety, health and quality of life standards exist for all rental housing. The city determined swift action was needed given the egregious nature of the violations.”
According to City of Boulder officials, the Ash House, known previously as the Marpa House, was approved by the city for residential use about a year ago. The city said the property owners, 891 12th Street LLC, converted the building into 16 three-bedroom units to house students, beginning the 2023-2024 school year.
Based on submitted applications, 48 students were to live in the building, according to the city. The property owners also requested a "unique and specific parking program" to accommodate the level of occupancy, which was granted.
The city issued several zoning violations and parking warnings during the primary construction. Those issues were resolved by the owners, officials said. However, last week, the city learned of a "new and serious violation of an illegal division of living space."
Following a tenant complaint, the city conducted an investigation and learned that 15 new bedrooms were constructed without building permits, land use approval or life-safety inspections. Those bedrooms were constructed "in the days immediately after city building inspectors had conducted inspections on the previously allowed and permitted construction," city officials said.
Thirteen of the 15 illegally-constructed bedrooms were occupied, according to officials.
The city has shut down the Ash House and no one is allowed to live there "until the units can be restored to the approved permitted conditions." Officials said 60 students who were living at the building are temporarily displaced until the violations are remedied. Of those, 13 students were living in illegally-constructed bedrooms and will need to find new permanent housing, according to the city.
“We anticipate there will be significant de-construction disturbance within a confined space to remedy the situation. There was also unpermitted work that causes immediate safety concerns,” Mueller said in a statement. “We recognize the upheaval this causes and will be working with the owner to address the dangerous situation as expeditiously as possible.”
On behalf of his client, 891 12th Street LLC, attorney Andrew L.W. Peters with Otten Johnson Robinson Neff + Ragonetti PC issued a statement saying the property owners are "surprised and dismayed they have been deprived the courtesy of a hearing and/or the due process afforded under city code."
According to Peters, two inspectors counted bedrooms and "provided no additional feedback, comment, or question" during a "single, forty-minute inspection a week ago." The owners have petitioned the Boulder County District Court for an emergency temporary restraining order (TRO) to pause the city's actions.
"The lack of communication and due process from the City has wholly deprived management of the opportunity to help residents find alternate accommodations. While the City’s actions are perhaps well intentioned, this has been profoundly poorly handled and is causing unnecessary hardship and disruption to so many students who should be focused on their schooling not being the target of extreme selective enforcement measures," Peters said in the statement.
The property was the subject of a fight for historical designation in 2019. It was built in 1923 and was formerly home to the Sigma Alpha Epsilon fraternity, the Zeta Beta Tau fraternity, and members of the Shambhala community.
According to Peters, Ash House had a recorded rental license for 75 residents and on-street parking for more than 150 vehicles, but its restoration was limited by the city to 16 individual apartments and 12 parking spots during a review.
Peters said his clients are open to working with the city in order to find a resolution.
Full statement:
"At 1:41 this afternoon, the City of Boulder informed 891 12th ST, LLC—owners of the Hill’s newest and most modern student housing complex—that tenants would have until 6:00 tonight to vacate the premises. Four minutes later, the City began informing tenants that they needed to leave, without any explanation as to where they should go or when they could come back. This action came on the heels of a single, forty-minute inspection a week ago during which two City officials counted bedrooms and provided no additional feedback, comment, or question. Owners have yet to learn why the City has taken such extreme measures and are surprised and dismayed they have been deprived the courtesy of a hearing and/or the due process afforded under City Code.
Earlier this evening, owners petitioned the Boulder County District Court for an emergency Temporary Restraining Order to prevent the City from enforcing the move-out order and displacing residents with no plan for alternative living arrangements. The lack of communication and due process from the City has wholly deprived management of the opportunity to help residents find alternate accommodations. While the City’s actions are perhaps well intentioned, this has been profoundly poorly handled and is causing unnecessary hardship and disruption to so many students who should be focused on their schooling not being the target of extreme selective enforcement measures. The City could have communicated its concerns with owners and worked toward a resolution. Owners remain open to doing just that."
The city said CU Boulder’s Off-Campus Housing & Neighborhood Relations Office and Student Legal Services are available to help displaced students. It is also looking into "legal remedies" to hold the property owners accountable.
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