California rental housing providers are facing a more complicated compliance landscape as state, local and federal regulators place increasing scrutiny on the fees charged to renters.

To help members navigate these issues, the California Apartment Association has released a new Industry Insight paper, "CAA Reference Guide: Rental Housing Fees", and made available a companion on-demand webinar, "Rental Housing Fees: The Big Picture".

These resources address one of the most common questions landlords ask: “Can I charge this fee?” The answer increasingly depends not only on the type of fee, but also on how it is structured, advertised, disclosed and regulated under overlapping laws.

Rental housing fees can raise issues under California’s Tenant Protection Act, local ordinances and federal consumer protection laws. A charge that may be permitted under state law could still violate a local ordinance, and a fee that is lawful in concept could create federal risk if it is not clearly disclosed to prospective tenants.

Both resources highlight several areas of concern for landlords and property managers, including mandatory recurring fees, utility billing practices, pet-related fees, late fees and application screening fees.

Recent enforcement activity has made the issue more urgent. The California attorney general has challenged certain fee practices under AB 1482, including allegations involving utility billing and mandatory recurring charges. At the federal level, the Federal Trade Commission has focused on whether advertised rental prices accurately reflect the full cost of tenancy and whether mandatory fees are disclosed early enough in the leasing process.

The new CAA paper explains that landlords should evaluate rental fees through a multilayered framework. That includes determining whether a charge could be treated as rent, whether it is restricted by a local ordinance, whether it is subject to specific state-law limits and whether it is disclosed clearly and upfront to prospective tenants.

The companion webinar, "Rental Housing Fees: The Big Picture", offers members a deeper discussion of these issues and practical considerations for reviewing fee practices. The webinar is now available on demand.

Together, the guide and webinar are intended to help CAA members better understand the legal risks surrounding rental housing fees and take a more proactive approach to compliance.