Colorado-Real-Estate-Journal_491639

November 5-18, 2025 - Page 31 www.crej.com Law & Accounting BDO Denver 303 E. 17th Avenue, Suite 600 Denver, CO 80203 303-830-1120 Accountants and Advisors www.bdo.com © 2021 BDO USA, LLP. All rights reserved. What’s Next? Business resilience is being tested daily. At BDO, our team of experienced professionals provides the knowledge and proactive guidance necessary to overcome the evolving challenges construction facing companies of every size. From ever-changing tax and reporting regulations, unstable surety and banking markets, to labor issues and unrelenting competition, we’re here to help the clients we serve, wherever they do business. www.bdo.com/construction C olorado’s real estate pro- fessionals are no strangers to evolving compliance require- ments. The state’s newest con- sumer protection measure, House Bill 1090, targets “drip pricing” by requiring businesses to pres- ent a single, transparent “total price” that includes all manda- tory charges. HB 1090, signed into law in April as part of a growing trend, applies across industries but will be felt most in residen- tial and commercial leasing. For landlords and property managers, the law takes effect Jan. 1, 2026, and reshapes how rents and costs must be disclosed in marketing and leases. n Overview of HB 1090. At its core, HB 1090 is designed to increase transparency in consumer transactions and curb deceptive pricing practices. The law requires businesses to disclose the “total price” of a product or service as a single, prominent figure. This “total price” must include all mandatory charges imposed by the business (whether labeled as fees, surcharges or add-ons) while allowing certain government- imposed taxes to be separately itemized. Forlandlordsandpropertyman- agers, this requirement applies directly to rent advertisements, websites, leasing materials and tenant-facing communications. Any manda- tory fees tied to occupancy, except for charges billed directly by a utility pro- vider, must be included in the total price disclosed to prospective tenants. For instance, if an apartment is advertised at $1,200 per month but carries a $50 man- datory trash fee, the total price that must be displayed under HB 1090 is $1,250 per month, not $1,200. This shift means landlords must carefully evaluate how they advertise and structure rent-relat- ed charges to ensure compliance. n Key obligations and practi- cal considerations for landlords. HB 1090 introduces disclosure rules for landlords and property managers. The advertised “total price” must capture every manda- tory cost of occupancy, including base rent, trash/recycling, park- ing and amenities. In practice, the rent shown must be a single, prominent number that reflects the actual cost of renting the prop- erty. Certain government-imposed charges, such as taxes or fees man- dated by statute, may be itemized separately and excluded. In con- trast,landlord- imposed fees (even nomi- nal adminis- trative ones) must be included. Meeting HB 1090’s require- ments is not just a paper- work exercise. Landlords will need to adjust how they market, lease and manage properties to keep the “total price” clear and compliant. Advertising, lease forms, and online listings should be reviewed carefully to make sure all mandatory charges are cap- tured, including separately billed amenities. Leasing and manage- ment staff should also be prepared to explain charges consistently, since even a single misstatement can create liability. The conse- quences of getting it wrong go beyond regulatory fines. Disputes with tenants, consumer protection claims, and reputational damage can all follow unclear disclosures. In a market where trust and trans- parency matter, compliance is as much a competitive advantage as it is a legal requirement. Practical steps for landlords to stay on track include: • Audit fees and charges to determine what belongs in the total price. • Standardize lease and market- ing language across the portfolio. • Review advertising and list- ings before they go live to confirm compliance. • Train leasing and manage- ment staff regularly to keep com- munication accurate and consis- tent. n The tenant takeaway. From the tenant’s perspective, HB 1090 is all about clarity. Tenants will see the total cost of occupancy up front. This makes it easier to com- pare rental options and budget realistically for monthly housing costs. The law also promises fewer dis- putes over “hidden” fees. In that sense, HB 1090 has the potential to reduce conflict and build trust in the landlord-tenant relationship. Tenants who believe landlords failed to follow HB 1090 may have remedies under consumer pro- tection laws, which will poten- tially provide a heavy hammer. Enforcement and regulations are still developing, so more to come. For tenants, HB 1090 delivers: • Transparency: clearer disclo- sure of fees. • Choice: easier to compare rent- als side by side. • Accountability: remedies if disclosure rules are ignored. n Open questions/future guidance. Like many new laws, HB 1090 leaves room for inter- pretation. A key question is how regulators will enforce the statute in the leasing context, particularly whether residential and commer- cial landlords will be treated dif- ferently. Consumer protection con- cerns in an apartment lease may not align neatly with a negotiated commercial lease between sophis- ticated parties. Another open issue is the treat- ment of bundled amenity costs, such as fitness center access or required technology packages. Landlords should watch for agen- cy guidance or case law to clarify how these variable charges are handled. Finally, there may be a growing push toward standardized lease language to reduce ambiguity. Consistency in how mandatory fees are disclosed will not only support compliance but also set clearer expectations with tenants. Industry groups may publish model provisions, but landlords do not have to wait. Proactively adopting clear and consistent lan- guage now can reduce risk and position operators as leaders in transparency. n Conclusion. HB 1090 reflects Colorado’s broader push for transparency in consumer transac- tions. For landlords and property The price is right (and final): Colorado’s HB 25-1090 Victoria A. Venzor Attorney, Spencer Fane Robin L. Nolan Attorney, Spencer Fane Please see Venzor, Page 51