32-2176

32-2176. Payment of finder fees to apartment
tenants; limits; prohibited activities; civil penalty;
definitions

A. Notwithstanding sections 32-2155, 32-2163 and 32-2165 or any other provision of
this chapter, a property management firm or a property owner may:

1. Pay a finder fee to an unlicensed person who is a tenant in an apartment complex
managed by the firm or owned by the owner.

2. Authorize a residential leasing agent or manager to deliver a finder fee to an
unlicensed person who is a tenant in an apartment complex managed by the residential
leasing agent or manager. A residential leasing agent or manager may not receive a
finder fee. This prohibition does not affect the ability of a residential leasing agent
or manager to receive a bonus pursuant to section 32-2121, subsection A, paragraph 6.

B. A finder fee paid pursuant to this section shall not exceed a two hundred dollar
credit toward or reduction in the tenant's monthly rent. A tenant may receive multiple
finder fees pursuant to this section up to five times in any twelve month period.

C. A tenant shall limit the tenant's activities pursuant to this section to
referring prospective lessees to the owner or the owner's agent and shall not do any of
the following:

1. Show a residential dwelling unit to a prospective lessee.

2. Discuss terms or conditions of leasing a dwelling unit with a prospective
lessee.

3. Participate in the negotiation of the leasing of a dwelling unit.

D. Nothing in this section permits an unlicensed person to advertise or otherwise
promote the person's services in procuring or assisting to procure prospective lessors or
tenants of apartment units.

E. For a licensee who pays a finder fee in violation of this section, for each
violation the department may suspend or revoke the licensee's license or impose a civil
penalty pursuant to section 32-2153.

F. For the purposes of this section:

1. "Finder fee" means a fee paid to a person for introducing or arranging an
introduction between the parties to a transaction involving the rental of an apartment
unit.

2. "Property owner" means a person who is exempt from the licensing requirements of
this chapter pursuant to section 32-2121, subsection A, paragraph 1.

3. "Residential leasing agent or manager" has the same meaning prescribed in
section 32-2121, subsection A, paragraph 6.