KOAA TV Turns to Robinson & Henry on Colorado Junk Fee Law Impact

As Colorado tenants begin to see the real-world impact of a new law aimed at eliminating so-called “junk fees,” questions are already emerging: Are renters truly saving money, or are they simply paying more in other ways?

That’s the issue highlighted in a recent KOAA TV News 5 report in Colorado Springs, where one tenant’s experience is raising broader concerns about how landlords may respond to the legislation. 

To help break it down, the station turned to Robinson & Henry Real Estate Senior Associate Robert Schifferdecker for legal insight in the story, Colorado Springs renter questions if she's experiencing loophole in recent state 'junk fee' law.

News 5 asked Schifferdecker if landlords can pass on lost fees to tenants through rent hikes. “There’s nothing in the law that prevents raising rent,” Shifferdecker said.

The junk fees law, which took effect January 1, is designed to promote transparency by preventing landlords and rental companies from tacking on additional mandatory fees that can obscure the true cost of housing. For a renter who lives at the Vue at Spring Creek apartments, the change initially appeared to be a win. She reported that about $20 in monthly fees were removed from her bill once the law went into effect.

But that relief was short-lived.

Her lease renewal offer included a $292 monthly rent increase. The renter told News 5 she suspects the increase is tied to the revenue landlords lost due to the new fee restrictions.

The Vue at Spring Creek, owned by Greystar, disputes that claim. In a statement, the property management company emphasized that rent pricing is based on a variety of factors, including market conditions, unit features, and promotions—not the removal of fees under the new law. They also stressed their commitment to transparency and providing residents with clear, all-in pricing.

Still, the situation raises an important legal and practical question: even if fees are eliminated, can landlords simply offset those losses by increasing rent?

“Rent is going up across the board; it’s going to go up every year," Schifferdecker said.

Shifferdecker, who does not represent the tenant or the property management, added, "It’s going to be hard for [the renter] [to prove], but if there’s a significant increase over similar-sized apartments in the area, that may be a good indication that these people are trying to skirt around this new law.”

His insight highlights a key challenge for tenants who believe they may be unfairly impacted. While the new law targets hidden or misleading fees, it does not impose strict rent control. That means landlords generally retain the ability to adjust base rent in response to market dynamics, even if those increases coincide with regulatory changes.

For tenants, proving that a rent increase is directly tied to an attempt to bypass the law can be difficult. As Schifferdecker points out, the burden would likely involve comparing similar units in the same market to determine whether the increase is unusually high or out of step with local trends.

For now, the takeaway is that while Colorado’s “junk fee” law aims to increase fairness and transparency, it does not necessarily guarantee lower overall housing costs. As landlords adjust to the new regulatory environment, tenants may continue to see shifts in how pricing is structured.

That’s why legal insight, like the perspective provided by Schifferdecker, is so critical. Understanding what the law does and does not cover can help tenants better evaluate their options and determine whether a rent increase is simply part of the market or something worth questioning.