Clearing the Air on Colorado’s Valet Trash Fee Markup: What You Need to Know About HB 25-1090

To Our Valued Valet Living Partners in Colorado,

We’ve heard you. Over the past two months, our Regulatory team has received a surge of inquiries from our Colorado clients regarding your ability to apply a markup to valet trash fees under the recently enacted legislation, HB 25-1090.

We understand that navigating legislative changes can be complex, and finding conflicting information from industry sources only adds to the confusion. We are pleased to report that we identified the source of the misinformation and successfully ensured it is corrected, giving you the clarity and confidence you need to manage your communities.

The Good News: The Markup is Still Allowed!

Let’s get straight to the facts: The law in Colorado still allows housing providers to include a markup on services like valet trash, so long as the fees are clearly disclosed in the lease agreement. Specifically, you are permitted to apply a markup of up to 2% or $10 per service, whichever is greater.

Where Did the Confusion Come From?

Given the sudden influx of questions on this specific topic, we did some digging. We found that the confusion likely originated from a widely-read industry source that had unintentionally published an initial misinterpretation of the law.

On August 5th, the National Apartment Association (NAA) posted an article titled: Fee Transparency Mandates Explored By States, Localities. In its original publication, the article included a statement that suggested that in Colorado, “housing providers are prohibited from assessing fees that markup utility costs above the provider’s costs…” We immediately recognized this statement as conflicting with the final text of the law. In fact, the Valet Living team, through our dedicated advocacy efforts, had successfully lobbied to ensure the proposed markup ban was removed from the original bill before it was signed into law. This was a critical win for housing providers and a testament to the importance of active industry engagement.

Valet Living Sets the Record Straight

We promptly communicated with our esteemed colleagues at NAA, pointing out the inaccuracy and sharing our correct interpretation of the law. We are delighted to report that their legal team agreed with our position and quickly moved to correct the publication.

As of September 10th, NAA updated the article with the correct information.

This correction is a huge step in clarifying the situation for all Colorado housing providers. For any client who may still be questioning the legality of the markup moving forward, you may now confidently share the updated NAA article as the definitive source.

Just because current law maintains the 2% or $10 markup cap, it does not mean this issue will simply go away.

As has been true in recent legislative sessions, the political outlook in Colorado is not always favorable for housing providers.  As the affordability crisis continues, we remain vigilant and ready to engage on any proposal that impacts the markup cap heading into 2026.

A Note of Gratitude from Our Team:

We are proud to leverage our regulatory expertise and industry relationships to clarify not just this important policy matter for our partners, but any policy matter that impacts the industry. Please feel free to communicate to your teams and clients who raised this issue that Valet Living took the initiative to help clarify the law’s interpretation with the NAA.

At Valet Living, we do more than just manage trash; we are your industry partner. Our trusted advocacy and regulatory expertise represent an investment in the relationships that matter most: those with our clients.

Thank you for your partnership and your commitment to clear communication. We are here to support you!