What’s a ‘reasonable’ rent increase?

BY ELLIOTT WENZLER THE COLORADO SUN

Imagine driving down a Colorado highway and instead of seeing a posted speed limit, you pass a road sign that reads: “Go an appropriate speed.” e idea may seem ludicrous, but similarly vague language is often inserted into bills by Colorado’s state lawmakers. Unde ned terms like “reasonable” and “substantial” are included in key parts of legislation and then left to courts to sort out later.

Sometimes, the ambiguity arises as laws are tested because it’s impossible for the legislature to imagine every possible scenario in which a statute may apply. Other times, loosey-goosey terms are intentionally added by lawmakers trying to build enough political support to pass a controversial bill.

“When you have a more broad standard that could be left open to interpretation of the courts, I think it’s easier to get things done,” said Rep. Javier Mabrey, a Denver Democrat who is an attorney.

But while some see vagueness as a tool to keep bills moving forward, others see it as a possible burden for the court system.

“If the law is vague, anyone can be dragged in front of the courts for most any reason,” said Rep. Matt

Soper, a Delta Republican who is also an attorney. is year at the Capitol, multiple highly debated bills weaving their way through the legislative process include ambiguous terms.

What’s a “reasonable increase” in rent? What’s a “substantially economically identical” o er on a multifamily residential building that’s for sale? Coloradans won’t know for sure unless those bills get signed into law and are challenged in the court system.

“ is session will be marked by bills that have to be litigated later,” said Jason Hopfer, a longtime lobbyist who represents clients like the Douglas County School District, Je erson County, Xcel Energy and the Colorado Community College System.

One bill intended to protect people from evictions that’s sponsored by Mabrey includes language that could be interpreted in a number of ways. e measure attempts to also stop landlords from e ectively evicting tenants by unreasonably increasing their rent. But the bill doesn’t de ne what a “reasonable” rent increase is. e bill also uses the word “reasonable” to lay out when a tenant has to let a landlord into their property and when a landlord has to complete repairs.

Mabrey said it’s important to balance vagueness and speci city but ultimately, lawmakers have to nd a way to get things done.

“ e law is interpreted by the court at the end of the day,” he said. Mabrey said the goal of the vague language around rent increases in his House Bill 1171 is to thread the