Weiser announces settlement with Baron Property Services, wins payments for renters

Colorado Attorney General Phil Weiser recently announced a settlement with property management company Baron Property Services, LLC, for unlawfully charging tenants for renters insurance, and for improperly considering rental applicants' criminal justice records that did not result in conviction.

Like many rental companies, Baron requires that tenants have and provide proof of renters insurance that includes personal liability coverage for the entirety of their lease. Baron uses property management system software to track tenants' compliance. A tenant can choose to use a third-party insurer, or they will be charged $15 per month for coverage under Baron's master policy.

The attorney general's investigation found that many tenants who provided proof of third-party renters insurance were still charged for Baron's renters insurance program. This led to tenants paying for both their third-party renters insurance and the building's renters insurance program despite meeting the requirements to avoid the building's program.

In email communications to tenants, Baron failed to properly inform residents of this proof of renters insurance requirement. The AG alleges that Baron's conduct regarding renters insurance violated the Colorado Consumer Protection Act (CCPA).

Additionally, the state's investigation demonstrated that Baron also violated renters' rights under the Rental Application Fairness Act (RAFA). Baron runs criminal background checks on prospective renters when they apply. As part of its rental criteria policy, Baron treated applicants' pending or unresolved criminal charges as convictions and, therefore, as grounds to deny an application. The attorney general alleges that this policy violated Colorado law.

"Double charging tenants who obtained their own renters insurance coverage is unacceptable. With many renters in Colorado struggling to make ends meet, we will continue to take action when landlords' unfair or deceptive conduct hits renters' pocketbooks. Landlords who use software systems to automate property management tasks remain responsible for ensuring their policies and actions comply with Colorado law," said Weiser. "Moreover, an allegation of criminal conduct is not a conviction and should not be treated as such. I encourage all landlords in Colorado to check their policies and practice to ensure they comply with the law."

Under the settlement, Baron will pay approximately $7,300 in restitution to 368 tenants who were charged improperly for insurance when they had individual renters insurance. Baron will also pay $67,635 to the state. Finally, the company has agreed to comply with the CCPA and RAFA and not misrepresent to tenants their obligation to maintain and provide proof of renters insurance, or the criminal history information it can consider in rental applications going forward.