Boulder thrives when empty buildings are occupied.
We’re fighting for a Boulder where a home isn’t a luxury and small businesses can afford to pay their rent.
Boulder has a vacancy problem.
Across our city homes, storefronts, and office spaces sit empty, and our community is paying the price.
Lowest estimates indicate hundreds of Boulder homes sit vacant for months a time, limiting our housing supply and driving up rents and evictions. The real number is likely much higher — multifamily buildings aren't even counted yet.
Empty storefronts and offices hollow out our downtown, cutting foot traffic and starving small businesses of the patronage they depend on.
When developers build apartments above storefronts that sit empty for years, the community benefits we were promised never arrive.
Empty buildings don't happen by accident.
Vacancy is a choice, and that choice has real costs that our whole community pays. Higher rents. Storefronts that stay dark. Neighborhoods that slowly hollow out.
Property ownership in Boulder comes with real benefits. The Boulder Vacancy Tax simply asks that it come with real responsibility too.
That's why Vacancy to Vitality is fighting to pass a community-backed ballot measure that requires landlords who leave properties empty to fund the costs their vacancies create.
Those dollars flow directly back into our community through affordable housing programs, commercial space revitalization, and structural and wildfire mitigation.
Boulder deserves thriving small businesses, vibrant spaces that bring our community together, and a bustling downtown. Join us in making that vision a reality.
Sign the Petition
Fill out this form to sign the petition online and help us get the Boulder Vacancy Tax on the 2026 Ballot.
You must be a City of Boulder resident to sign.
Once you fill out this form, you will receive an email, and you will need to follow the instructions in that email to finish signing.
If you have more questions, please see our FAQ below.
Frequently Asked Questions
Please read through our detailed FAQs below. If you would like to read the full ordinance language, you can do so here.
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A vacancy tax is an annual excise tax on vacant homes. When owners of single-family homes, condos, townhomes, or apartments let them stand unoccupied for 183 days or more in a calendar year, the property will be assessed the vacancy tax.
If a home is occupied for 183 days or more it is considered to be a primary residence and is not impacted by the vacancy tax.
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$7,000 per year
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The money from the vacancy tax goes to the City of Boulder, to be used to offset the cost of vacant properties to the City, including:
Preservation of existing and production of new affordable housing;
Downtown and neighborhood commercial activation, including financial incentives for eligible locally-owned businesses to occupy previously vacant commercial space;
Structural and wildfire mitigation for properties citywide;
Parks and recreation activities, especially activating public spaces citywide;
Transportation and mobility infrastructure for cyclists and pedestrians;
Assistance programs, such as universal basic income; and
Code enforcement, cleanup of blighted properties, and remediation of illegal dumping;
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The tax is collected and enforced by the City of Boulder, as outlined in the Boulder Revised Code.
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Chapter effective Jan 1, 2028; applies to vacancy determinations for the 2028 calendar year. Implementing regulations/forms to be adopted by Oct 1, 2028.
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Should this measure reach ballot it will read as follows:
SHALL THE CITY OF BOULDER’S TAXES BE INCREASED BY $11,000,000 (FIRST FULL FISCAL YEAR INCREASE) ANNUALLY COMMENCING JANUARY 1, 2028, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY THEREAFTER, TO FUND:
(1) PRESERVATION OF EXISTING AND PRODUCTION OF NEW AFFORDABLE HOUSING;
(2) DOWNTOWN AND NEIGHBORHOOD COMMERCIAL ACTIVATION, INCLUDING FINANCIAL INCENTIVES FOR ELIGIBLE LOCALLY-OWNED BUSINESSES TO OCCUPY PREVIOUSLY VACANT COMMERCIAL SPACE;
(3) STRUCTURAL AND WILDFIRE MITIGATION FOR PROPERTIES CITYWIDE;
(4) PARKS AND RECREATION ACTIVITIES, ESPECIALLY ACTIVATING PUBLIC SPACES CITYWIDE;
(5) TRANSPORTATION AND MOBILITY INFRASTUCTURE FOR CYCLISTS AND PEDESTRIANS;
(6) ASSISTANCE PROGRAMS, SUCH AS UNIVERSAL BASIC INCOME; AND
(7) CODE ENFORCEMENT, CLEANUP OF BLIGHTED PROPERTIES, AND REMEDIATION OF ILLEGAL DUMPING;
FROM THE IMPOSITION OF A VOTER-APPROVED VACANT PROPERTY EXCISE TAX PAID BY OWNERS OF VACANT RESIDENTIAL DWELLING UNITS AT A RATE OF $7,000 PER UNIT PER YEAR, SUBJECT TO ADJUSTMENT ANNUALLY BY THE PERCENTAGE CHANGE IN THE DENVER-AURORA-LAKEWOOD CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), OR A SUCCESSOR INDEX , AND OWNERS OF VACANT COMMERCIAL SPACE, AT A MAXIMUM RATE OF $4.00 PER SQUARE OF GROSS LEASABLE AREAOF COMMERCIAL SPACE PER YEAR, SUBJECT TO ADJUSTMENT ANNUALLY BY THE PERCENTAGE CHANGE IN THE DENVER-AURORA-LAKEWOOD CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS (CPI-U), OR A SUCCESSOR INDEX; AND WITH ANNUAL REPORTING REQUIREMENTS; AND SHALL THE FULL PROCEEDS OF SUCH TAX AND ANY EARNINGS THEREON BE COLLECTED, RETAINED AND SPENT AS A VOTER-APPROVED REVENUE CHANGE WITHOUT LIMITATION UNDER ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? AND SHALL THIS BALLOT ISSUE ONLY TAKE EFFECT IF BALLOT QUESTION [__]
ENACTING ORDINANCE NO. [__] IS ALSO APPROVED?
For the Measure ___ Against the Measure ___
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If this ballot measure is approved by the voters, the Boulder Revised Code shall be amended, and you can read that full amendment here.
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Yes! And the evidence is growing. Here's what other cities have learned:
Vancouver, BC - The gold standard. Vancouver launched its Empty Homes Tax in 2017 and has seen results every year since.
Vacant homes down 67% since launch
Vacancy rate dropped from 0.90% to a record low 0.49%
$194.3 million generated for affordable housing
Independent research found the tax increased housing availability without raising rents or reducing new construction
Read the 2025 Annual ReportHere | Read the C.D. Howe Institute Study
Oakland, CA
Passed with 70% of the vote in 2018
Taxed vacant parcels dropped from 1,700 to 1,300 in the first two years
Revenue funds affordable housing, homelessness services, and tiny home villages
Berkeley, CA
Passed with 63% of the vote in 2022, took effect January 2024
First year of data identified 866 vacant units subject to the tax
148 of those units changed status from vacant to occupied after the tax took effect, suggesting landlords responded by putting units back on the market
Tax rates escalate the longer a unit stays empty, rising from $6,000 in year one to $12,000 in year two, creating increasing pressure to fill units
Explicitly targets speculative investors — one family alone faces a $168,000 tax bill for sitting on multiple vacant properties for years
Read the Berkeleyside investigation | Read more at the Berkeley Rent Board
The broader trend - Vancouver's success has sparked a wave of adoption across Canada. Hamilton, Ottawa, Oakville, and Toronto have all launched similar programs in recent years.
In the United States, New York State introduced comparable legislation in 2023. Cities that have tried these measures consistently report one thing: once landlords face a real financial consequence for vacancy, behavior changes.
Read the CUNY Institute analysis of vacancy tax programs across North America
The full picture: Vacancy taxes work best as part of a broader housing strategy, not as a standalone solution. Boulder's measure is designed exactly that way, reinvesting fees from vacant properties into the affordable housing programs our community needs most.
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Yes. The City Manager may disregard token occupancy, sham transactions, related-party arrangements, or patterns designed to evade the tax.
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The City Manager may audit declarations and use utility usage, building permits, business licensing, water/sewer records, mailing records, site inspections, sworn statements, and community reports. Unpaid amounts become a lien and may be certified to the County Treasurer.
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Yes. Administrative appeal is allowed under existing city code.
The Boulder Vacancy Tax would apply to BOTH residential and commercial properties within the City of Boulder. Please read each section below to understand how this tax will affect these two essential parts of our community.
Residential FAQs
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No. This is an excise tax by the City of Boulder on owners of vacant homes. It is not a property tax. Homes used as principal residences (occupied for more than half the year) are exempt from the tax. So, if you live for over half the year in your home, you are not subject to a vacancy tax.
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If you rent out your property for more than half the year (183 days) in a calendar year, you would not be impacted by a vacancy tax.
Even if your rental property is vacant for more than 183 days, if you rent it out within the year, the vacancy tax would not apply.
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Renters should benefit from a vacancy tax in a few ways. First, more vacant housing units becoming available to rent increases rental supply and can put downward pressure on the cost of renting.
Second, as commercial and residential units in your community are fixed up and filled up, there is more opportunity for economic growth, jobs, and community.
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A home is considered "vacant" for a calendar year if it is not used as a principal residence by an owner or owner-invited guest, or is not rented to a long term tenant (a lease with a term over 30 days) for 183 days or more in that calendar year, whether such days are consecutive or nonconsecutive.
Principal residence means the dwelling unit in which a person resides for more than one-half of the year. However, if (1) the person owns another dwelling unit that is not licensed for long term rental; (2) the person's spouse or domestic partner has a different principal residence; (3) the person's driver's license, voter registration or any dependent's school registration shows a different residence address; or (4) the Boulder County Assessor lists a mailing address different from the dwelling unit address, it shall be presumed that the dwelling unit in question is not a principal residence. Provided, however, no presumption shall apply in any criminal proceeding.
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Unless a landlord leaves a property vacant for 183 days or longer and fails to find an annual renter within the calendar year, they should not pay anything.
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The City estimates 500-1000 homes are empty in the City, as of March 2026.
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Vacant housing due to major renovation is exempt from paying the tax for up to two years - with extensions allowed for good faith progress as outlined in the Boulder Revised Code.
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Active long-term rental: A dwelling unit rented or occupied under a qualifying lease for 183 days or more in the calendar year.
Deed-restricted affordable housing: A dwelling unit subject to recorded affordability covenants requiring income qualification and resale or rent restrictions, provided it is actively managed by a housing authority, the city, or a city manager approved partner.
Active building permits and construction: The unit is under active permitted construction or substantial rehabilitation, with an active permit or inspection activity within the preceding ninety days sufficient to demonstrate ongoing work, for up to two calendar years. Extensions require demonstration of good faith progress toward completion.
Damage from disaster: The unit is uninhabitable due to documented fire, flood, or other disaster, for up to two calendar years from the date of damage. Extensions require demonstration of good faith progress toward refurbishment.
Death/probate: The owner is deceased and the property is in probate or estate administration, for up to one calendar year from the date of death.
Long-term care: The owner of a dwelling unit is in a licensed long-term care facility. (7) Active military duty: The owner of a dwelling unit is on active duty military orders and stationed more than fifty miles from the city of Boulder, for the duration of such orders.
Good faith marketing plus active long-term rental: A dwelling unit is vacant for more than 183 days in a calendar year, but the owner has actively marketed the space for lease and has entered into a qualified lease for a term of not less than one year.
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Only landlords leaving properties vacant for over 183 days per calendar year pay this fee, landlords who are actively renting are not affected at all.
But more importantly, this argument defeats itself. If a landlord raises rent to cover the cost of vacancy, they still need a tenant willing to pay it.
In a market where units are already sitting empty because rents are too high, raising them further doesn't fill buildings – it just keeps them empty longer, and the fee keeps applying. The only way to stop paying is to actually fill the unit.
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This argument assumes all landlords are the same… and they're not. Local landlords who actively rent their properties pay nothing and are unaffected. The Boulder Vacancy Tax only applies to those choosing to leave properties empty. If that fee makes speculative vacancy less attractive to Wall Street investors and corporate landlords playing a long waiting game with Boulder real estate, that's the policy working exactly as intended. The landlords who make Boulder's housing market function aren't going anywhere.
Developers are a slightly different case. Boulder has very little undeveloped land left, meaning new construction is constrained by geography and zoning, not by this measure. Developers actively building are exempt. The real issue isn't whether developers will leave. It's whether the buildings they've already built are being used. When a developer builds mixed-use housing and leaves the storefronts dark for years, that's not a development problem. That's a vacancy problem, and exactly what this measure addresses.
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Residential vacancies in Boulder are typically under 2%. If the landlord can’t rent the property they are likely charging too much.
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The intent of this program is to increase utilization of our existing housing supply.
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If your Boulder home is your principal residence then no.
Principal residence means the dwelling unit in which a person resides for more than one-half of the year. However, if (1) the person owns another dwelling unit that is not licensed for long term rental; (2) the person's spouse or domestic partner has a different principal residence; (3) the person's driver's license, voter registration or any dependent's school registration shows a different residence address; or (4) the Boulder County Assessor lists a mailing address different from the dwelling unit address, it shall be presumed that the dwelling unit in question is not a principal residence. Provided, however, no presumption shall apply in any criminal proceeding.
Commercial FAQs
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An annual excise tax on owners of Commercial Space Units to the extent they have Vacant Gross Leasable Area (Vacant GLA) for 183 days or more in a calendar year, to fund commercial activation, affordable housing, code enforcement/blight cleanup, structural/wildfire mitigation, and illegal dumping cleanup.
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The owner of record (and Beneficial Owners, when the owner is an entity) of each Commercial Space Unit; Owners are jointly and severally liable.
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The portion of a Commercial Space Unit’s Gross Leasable Area that is not Open and Operating for 183 days or more in a calendar year (consecutive or nonconsecutive), excluding approved exemptions.
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Actively used for lawful business consistent with permitted use, with regular public or employee presence during normal business hours, or occupied by a tenant under a Qualifying Lease conducting business.
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Base Year 1 (2028) rates: graduated marginal brackets applied to Vacant GLA:
0-400 sf: exempt (but may still be required to file if notified);
401-3,000 sf: $4.00/sf on marginal VGLA over 400 sf (minimum $1,500);
3,001-7,000 sf: $3.50/sf on marginal VGLA over 3,000 sf;
7,001-15,000 sf: $3.00/sf on marginal VGLA over 7,000 sf;
15,001+ sf: $2.50/sf on marginal VGLA over 15,000 sf.
Rates adjusted annually by CPI starting 2028
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Active building permits and construction: The vacant portion of the space is under active permitted construction or tenant improvements, with an active permit and inspection activity within the preceding ninety days, for up to two calendar years.
Damage from disaster: The vacant portion of the space is unusable due to documented fire, flood, or other disaster, for up to two calendar years from the date of damage. Extensions require demonstration of good faith progress toward refurbishment.
Good faith marketing plus active long-term rental: Vacant GLA is vacant for more than 183 days in a calendar year, but the owner has actively marketed the space for lease and has entered into a qualified lease for a term of not less than one year.
Good faith marketing: For a commercial space unit that is vacant for the calendar year, the owner has actively marketed the space for lease for the entire calendar year. This exemption is available for a maximum of two consecutive calendar years; thereafter, the space is subject to the tax regardless of marketing efforts. For the calculation of this exemption period, this exemption begins January 1, 2028.
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Vacancy is determined by Commercial Space Unit and Vacant GLA. Ground-floor commercial spaces are subject to the tax regardless of occupancy of upper floors. A single occupied unit on a parcel does not exempt other vacant units on the same parcel.
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Anti-subdivision rule treats aggregate baseline GLA of resultant units as a single Commercial Space Unit unless Owner proves subdivision was for legitimate business reasons unrelated to tax avoidance and each unit is independently leased to unrelated tenants.
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Units under 400 sf are exempt from tax but are not required to file unless notified by the City Manager.
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When required or notified, the Owner files an annual Occupancy Declaration (due by Feb 28) stating Vacant GLA, tenant information, exemptions, and Beneficial Owners if the owner is an entity.
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You may be presumed liable for the tax. Knowingly filing a false occupancy declaration constitutes a violation of this Chapter and is subject to additional penalties under Section 3-23-7, B.R.C. 1981, including criminal penalties.
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After administration (≤12% of revenue), funds support commercial activation programs (grants, low-interest loans, rent subsidies to help eligible locally-owned businesses occupy formerly vacant commercial space), and also contribute to affordable housing, code enforcement/blight remediation, structural/wildfire mitigation, and illegal dumping cleanup.
How many of your neighbors have been priced out this year?
It’s time to take action so we can bring Boulder from vacancy to vitality.
Have more questions? Email bocohousingjustice@gmail.com