HB25-1090 Summary

HB25-1090: Protections Against Deceptive Pricing Practices
 

Prime Sponsors: Representative Emily Sirota, Representative Ricks, Senator Mike Weissman, Senator Lisa Cutter

Introduced: January 23, 2025

Signed: April 21, 2025

Effective Date: January 1, 2026
 

Summary:

The Colorado General Assembly has prioritized transparency in a variety of transactions, and the legislative declaration for HB25-1090 expressly identifies landlord obligations regarding the setting and communication of the price of rent and other costs to tenants. Although the bill addresses deceptive trade practices in a variety of industries, those affecting landlords and residential leases and other real estate matters are discussed here.  

To avoid deceptive pricing or hidden prices, disclosure of certain pricing information is required.  To clarify the legislature’s requirements, the bill has defined several terms to clarify the necessary disclosures to a consumer, including:

1. “Clearly and Conspicuously” is a required disclosure that is easily noticeable and understandable, including:
   1. For a visual-only or audible-only communication, the disclosure must be made through the same means as the communication presented.
   2. For a communication that is both visual and audible, the disclosure must be made simultaneously in both the visual and audible portions of the communication.
   3. For a visual disclosure, the disclosure must be distinguishable in size, contrast, and location. It must be easily noticeable, readable, and understandable to ordinary persons.
   4. For an audible disclosure, including by telephone or streaming video, the disclosure must be delivered in a volume, speed, and cadence for ordinary persons to easily hear and understand. 
   5. For any interactive electronic medium, such as the internet or software, the disclosure must be unavoidable.  
       
2. “Total Price” includes all amounts that must be paid to purchase, enjoy, or utilize a good, service, or property and are not reasonably avoidable by the person.  

A written rental agreement must not include:

Any provision requiring the tenant to pay a markup fee for a service for which the landlord is billed, except that landlord may require a tenant to pay either a markup or fee in an amount that does not exceed two percent of the amount that the landlord was billed or a markup or fee in an amount that does not exceed a total of ten dollars per month, but not both.
Any provision requiring the tenant to pay a fee, charge, or amount that violates any part of section 6-1-737, C.R.S, which was created expressly by this bill.