A Bill for an Act
Page 1, Line 101Concerning the use of a ratio utility billing system by a
Page 1, Line 102landlord to allocate utility charges to tenants.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill authorizes landlords to use a ratio utility billing system to allocate utility charges for a residential premises to individual tenants. The landlord may charge tenants a utility bill using a ratio utility billing system if the landlord meets certain requirements, such as:
- The aggregate amount billed to all tenants does not exceed the amount charged by the utility for service to the entire residential premises;
- The landlord does not apply a fee or other charge to the tenant in addition to the actual charges from the utility provider;
- The utility costs for common areas or shared facilities are excluded from the charges to the tenant; and
- The landlord clearly discloses the method of allocation for the dwelling unit in the tenant's rental agreement.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 2, Line 2SECTION 1. In Colorado Revised Statutes, 6-1-737, amend
Page 2, Line 3(4)(a); and add (4.5) as follows:
Page 2, Line 46-1-737. Requirement to disclose certain pricing information
Page 2, Line 5- landlords and tenants - remedies - rules - definitions.
Page 2, Line 6(4) A landlord or the landlord's agent shall not require a tenant to
Page 2, Line 7pay a fee, charge, or amount:
Page 2, Line 8(a) Related to the provision of utilities that is above the amount
Page 2, Line 9charged by the utility provider for service to the tenant's dwelling unit,
Page 2, Line 10except for fees, charges, or amounts related to the provision of
Page 2, Line 11utilities that are charged to a tenant in accordance with:
Page 2, Line 12(I) Section 38-12-801 (3)(a)(VI); or
Page 2, Line 13(II) Subsection (4.5) of this section.
Page 2, Line 14(4.5) This section does not prohibit a landlord or
Page 2, Line 15landlord's agent from allocating utility costs among tenants
Page 2, Line 16of the same residential premises using a ratio utility billing
Page 2, Line 17system if:
Page 2, Line 18(a) The aggregate amount billed to all tenants of the
Page 2, Line 19residential premises does not exceed the total amount charged
Page 2, Line 20by the utility provider for service to the entire residential
Page 2, Line 21premises;
Page 3, Line 1(b) The landlord or landlord's agent does not apply any
Page 3, Line 2markup, surcharge, administrative fee, or other amount in
Page 3, Line 3excess of the actual charges from the utility, except as
Page 3, Line 4otherwise permitted by law;
Page 3, Line 5(c) The utility costs for common areas or shared facilities
Page 3, Line 6at the residential premises are excluded from any tenant
Page 3, Line 7allocation; and
Page 3, Line 8(d) The landlord clearly and conspicuously discloses the
Page 3, Line 9method of allocation for the dwelling unit in a tenant's rental
Page 3, Line 10agreement or an addendum to the tenant's rental agreement.
Page 3, Line 11SECTION 2. Safety clause. The general assembly finds,
Page 3, Line 12determines, and declares that this act is necessary for the immediate
Page 3, Line 13preservation of the public peace, health, or safety or for appropriations for
Page 3, Line 14the support and maintenance of the departments of the state and state
Page 3, Line 15institutions.