Apartment Trends Magazine February 2020 | Page 43

" These Fees Are Typically Fixed Throughout The Term Of The Lease And Can More Easily And Accurately Be Built Into A Higher Rent Rate " in usage, rate increases and seasonal variations. Th e various formulas that attempt to capture these variations are not perfect, but they are a lot closer than guessing a resident’s unmetered water or gas usage. Th is change will undoubtedly have a signifi cant infl ationary impact over time, as landlords are forced to overestimate usage rather than under and will encourage resident waste (which is the primary reason for the creation of these formulas in the fi rst place). Th e bill’s prohibition of fees that are not specifi cally based on itemized usage suff ers from the same problem but is less problematic because these fees are typically fi xed throughout the term of the lease and can more easily and accurately be built into a higher rent rate. Finally, the bill’s penalty and attorney’s fee provisions have no relationship to a resident’s economic loss and is nothing more than a litigation encouragement tool, which will be particularly diffi cult for small operators to navigate. Th e Association will continue to work for the defeat of the bill or it’s amendment to limitations that protect industry standards. DREW HAMRICK SENIOR VICE PRESIDENT OF GOVERNMENT AFFAIRS & GENERAL COUNSEL S ERVICES Insurance Restoration Capital Improvements Construction Defect Repairs Roofing 720-618-5264 [email protected] SPYDERCON.COM www.aamdhq.org JANUARY 2020 TRENDS | 41