Colorado House Bill HB1287 Introduced / Bill

                    Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
INTRODUCED
 
 
LLS NO. 22-0103.01 Megan Waples x4348
HOUSE BILL 22-1287
House Committees Senate Committees
Transportation & Local Government
A BILL FOR AN ACT
C
ONCERNING PROTECTIONS FOR MOBILE HOME PARK RESIDENTS	.101
Bill Summary
(Note:  This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill amends the "Mobile Home Park Act" and the "Mobile
Home Park Act Dispute Resolution and Enforcement Program" to:
! Prohibit a landlord from increasing rent on a mobile home
lot by an amount that exceeds the greater of inflation or 3
percentage points in any 12-month period;
! Require the landlord or the landlord's representative to
attend up to 2 public meetings for residents of the park
each year at the request of the residents;
HOUSE SPONSORSHIP
Boesenecker and Hooton, Bacon, Benavidez, Bernett, Caraveo, Cutter, Duran, Gonzales-
Gutierrez, Gray, Jodeh, Kennedy, Kipp, Lindsay, McCluskie, McLachlan, Mullica, Ortiz,
Ricks, Sirota, Sullivan, Titone, Weissman, Woodrow
SENATE SPONSORSHIP
(None), Coleman, Lee, Story, Winter
Shading denotes HOUSE amendment.  Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing statute.
Dashes through the words indicate deletions from existing statute. ! Clarify that a landlord is responsible for the cost of
repairing any damage to a mobile home or lot that results
from the landlord's failure to maintain the premises of the
park;
! Clarify the triggering events that demonstrate a park
owner's intent to sell a park for purposes of providing
notice to home owners and the method for giving notice;
! Change the period in which a group or association of
mobile home owners may make an offer to purchase the
park from 90 to 180 days, and provide for tolling of that
time period in certain circumstances;
! Provide a right of first refusal for a public entity that
accepts an assignment of a group or association of mobile
home owners' opportunity to purchase;
! Clarify the obligations of a landlord to provide notice to
home owners concerning the terms and conditions of an
offer to purchase the park that the landlord would accept
and to negotiate in good faith with the home owners;
! Require a landlord who changes the use of the land
comprising the park to compensate a mobile home owner
who has not given notice to terminate the lease or rental
agreement and who is displaced by the change in use for
the reasonable costs of relocating the mobile home to a
location within 100 miles of the park, the fair market value
of the mobile home before the change in use, or in the
amount of $7,500 for a single-section mobile home or
$10,000 for a multi-section mobile home;
! Allow the department to enforce statutory provisions
concerning the required notice of intent to sell or change
the use of the land and the mobile home owners'
opportunity to purchase by imposing a fine for a violation
or filing for injunctive relief in district court;
! Allow the attorney general to investigate and enforce
statutory provisions providing protections for mobile home
owners;
! Allow a resident, local government, or a nonprofit to file a
complaint with the division under the dispute resolution
program;
! Clarify the procedures and penalties that apply when a
party does not respond to a subpoena from the division;
! Allow the division to take immediate action in response to
complaints or violations that will cause immediate harm to
mobile home owners;
! Prohibit landlords from harassing or coercing mobile home
owners in an effort to require a mobile owner to sign an
HB22-1287
-2- agreement or to influence a decision by the home owner
about an opportunity to purchase;
! Establish criteria for when a mobile home park rule or
regulation that limits a home owner's right to control the
use, appearance, and structure of a mobile home is
enforceable;
! Prohibit a landlord from interfering with the mobile home
owner's right to sell a mobile home to the buyer of his or
her choice, except in limited circumstances;
! Establish record retention requirements for landlords; and
! Consolidate provisions concerning private rights of action
for landlords, home owners, and residents, and establish
penalties and remedies available in private actions.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 24-31-101, amend2
(1)(i) as follows:3
24-31-101.  Powers and duties of attorney general. (1)  The4
attorney general:5
(i)  May bring civil and criminal actions to enforce state laws,6
including actions brought pursuant to the "Colorado Antitrust Act of7
1992" in article 4 of title 6, the "Colorado Consumer Protection Act" in8
article 1 of title 6, 
THE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE9
12
 OF TITLE 38, THE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND10
E
NFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38, the11
"Unfair Practices Act" in article 2 of title 6, article 12 of title 6, and12
sections 6-1-110, 11-51-603.5, 24-34-505.5, and 25.5-4-306;13
SECTION 2. In Colorado Revised Statutes, amend 38-12-200.214
as follows:15
38-12-200.2.  Legislative declaration. The general assembly16
hereby declares that the purpose of this part 2 is to establish the17
relationship between the owner of a mobile home park, and
 the owner of18
HB22-1287-3- a mobile home situated in such park, AND RESIDENTS IN THE PARK.1
SECTION 3. In Colorado Revised Statutes, 38-12-201.5, amend2
(1)(e), (1)(f), and (6); and add (1)(g) and (6.5) as follows:3
38-12-201.5.  Definitions. As used in this part 2 and in part 11 of4
this article 12, unless the context otherwise requires:5
(1)  "Entry fee" means any fee paid to or received from an owner6
of a mobile home park or an agent thereof except for:7
(e)  Incidental reasonable charges for services actually performed8
by the mobile home park owner or the mobile home park owner's agent9
and agreed to in writing by the home owner; and10
(f)  Late fees; 
AND11
(g)  M
EMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER12
COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS13
QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE14
"C
OLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS15
TITLE 38.16
(6)  "Mobile home park" or "park" means a parcel of land used for17
the continuous accommodation of five or more occupied mobile homes18
and operated for the pecuniary benefit of the owner of the parcel of land19
or the owner's agents, lessees, or assignees. "Mobile home park" does not20
include mobile home subdivisions or property zoned for manufactured21
home subdivisions. F
OR PURPOSES OF THIS DEFINITION, THE PARCEL OF22
LAND COMPRISING THE MOBILE HOME PARK DOES NOT NEED TO BE23
CONTIGUOUS, BUT MUST BE IN THE SAME NEIGHBORHOOD AS DETERMINED24
BY THE DIVISION.25
(6.5)  "M
OBILE HOME SUBDIVISION" OR "MANUFACTURED HOME26
SUBDIVISION" MEANS ANY PARCEL OF LAND THAT IS DIVIDED INTO TWO OR27
HB22-1287
-4- MORE PARCELS, SEPARATE INTERESTS, OR INTERESTS IN COMMON, WHERE1
EACH PARCEL OR INTEREST IS OWNED BY AN INDIVIDUAL OR ENTITY WHO2
OWNS BOTH A MOBILE HOME AND THE LAND UNDERNEATH THE MOBILE3
HOME; EXCEPT THAT A PARCEL IS NOT A "MOBILE HOME SUBDIVISION" OR4
"
MANUFACTURED HOME SUBDIVISION " WHEN THE SAME OWNER OWNS A5
PARCEL OR SUBDIVIDED PARCELS OR INTERESTS THAT ARE COLLECTIVELY6
USED FOR THE CONTINUOUS ACCOMMODATION OF FIVE OR MORE OCCUPIED7
MOBILE HOMES AND OPERATED FOR THE PECUNIARY BENEFIT OF THE8
LANDOWNER OR THEIR AGENTS , LESSEES, OR ASSIGNEES.9
SECTION 4. In Colorado Revised Statutes, 38-12-202, amend10
(1)(a) introductory portion and (1)(c)(I) as follows:11
38-12-202.  Tenancy - notice to quit. (1) (a)  No tenancy or other12
lease or rental occupancy of space in a mobile home park shall commence13
without a written lease or rental agreement, and no tenancy in a mobile14
home park shall be terminated until a notice to quit 
OR NOTICE OF15
NONPAYMENT OF RENT has been served. Said
 A notice to quit shall be in16
writing and in the form specified in section 13-40-107 (2). C.R.S. The17
property description required in section 13-40-107 (2) C.R.S., shall be18
deemed IS legally sufficient if it states:19
(c) (I)  Except as otherwise provided in 
SECTION 38-12-204 (1) OR20
subsections (1)(c)(II) and (3) of this section, the management shall give21
a home owner at least ninety days after the date the notice is served or22
posted to sell the mobile home or remove it from the premises.23
SECTION 5. In Colorado Revised Statutes, 38-12-203, amend24
(1)(d)(II); and add (3) as follows:25
38-12-203.  Reasons for termination. (1)  The management of a26
mobile home park may terminate a tenancy only for one or more of the27
HB22-1287
-5- following reasons:1
(d) (II)  If a landlord wants to change the use of a mobile home2
park, and the change of use has been approved by the local or state3
authority or does not require approval, and the change of use would result4
in the eviction of inhabited mobile homes, the landlord shall give the5
owner of each mobile home that is subject to the eviction a written notice6
of the landlord's intent to evict not less than twelve months before the7
change of use of the land, which notice must be mailed to each home8
owner. T
HE NOTICE MUST ADVISE THE HOME OWNER OF THE HOME9
OWNER'S RIGHT TO COMPENSATION PURSUANT TO SUBSECTION (3) OF THIS10
SECTION.11
(3)  A
 LANDLORD SHALL NOT M AKE ANY ORAL OR WRITTEN12
STATEMENT THREATENING EVICTION FOR A VIOLATION OR ACTION THAT13
IS NOT GROUNDS FOR TERMINATING A TENANCY UNDER SUBSECTION (1) OF14
THIS SECTION. A HOME OWNER MAY FILE A COMPLAINT PURSUANT TO15
SECTION 38-12-1105 OR A CIVIL ACTION PURSUANT TO SECTION 38-12-22016
FOR A VIOLATION OF THIS SUBSECTION (3). IF THE COURT DETERMINES17
THAT THE LANDLORD VIOLATED THIS SUBSECTION (3), THE COURT SHALL18
AWARD A STATUTORY PENALTY OF UP TO TWENTY THOUSAND DOLLARS TO19
THE PLAINTIFF IN ADDITION TO ANY OTHER REMEDIES AUTHORIZED BY20
SECTION 38-12-220.21
SECTION 6. In Colorado Revised Statutes, add 38-12-203.5 as22
follows:23
38-12-203.5.  Change in use of the park - remedies for home24
owners - definitions. (1)  A
S USED IN THIS SECTION, UNLESS THE25
CONTEXT OTHERWISE REQUIRES :26
(a)  "I
N-PLACE FAIR MARKET VALUE " MEANS THE FAIR MARKET27
HB22-1287
-6- VALUE OF THE MOBILE HOME AND ANY ATTACHED APPURTENANCES AND1
STRUCTURES ON THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES ,2
DECKS, SKIRTING, AWNINGS, AND SHEDS, TAKING INTO ACCOUNT THE3
ACTUAL COST OF ALL IMPROVEMENTS MADE TO THE MOBILE HOME BY THE4
HOME OWNER. FAIR MARKET VALUE IS DETERMINED BASED ON THE VALUE5
OF THE MOBILE HOME IN ITS CURRENT LOCATION PRIOR TO THE DECISION6
TO CHANGE THE USE OF THE PARK.7
(b)  "R
ELOCATION COSTS" INCLUDES:8
(I)  A
NY REASONABLE COSTS INCURRED TO MOVE THE MOBILE9
HOME, FURNITURE, AND PERSONAL BELONGINGS THEREIN TO A10
REPLACEMENT SITE;11
(II)  T
HE REASONABLE COST OF DISASSEMBLING , MOVING, AND12
REASSEMBLING ANY ATTACHED APPURTENANCES AND STRUCTURES ON13
THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES , DECKS,14
SKIRTING, AWNINGS, AND SHEDS, WHICH WERE NOT ACQUIRED BY THE15
LANDLORD;16
(III)  T
HE COSTS OF ANCHORING THE UNIT;17
(IV)  T
HE COSTS OF CONNECTING OR DISCONNECTING THE MOBILE18
HOME TO UTILITIES;19
(V)  I
NSURANCE COVERAGE DURING TRANSPORT ; AND20
(VI)  T
HE COST TO DISASSEMBLE AND REINSTALL ANY21
ACCESSIBILITY IMPROVEMENTS SUCH AS WHEELCHAIR RAMPS , LIFTS, AND22
GRAB BARS.23
(2)  I
F A LANDLORD INTENDS TO CHANGE THE USE OF THE LAND24
COMPRISING A MOBILE HOME PARK OR PART OF A MOBILE HOME PARK AND25
THE CHANGE IN USE WOULD RESULT IN THE DISPLACEMENT OF ONE OR26
MORE MOBILE HOMES IN THE PARK , FOR EACH DISPLACED MOBILE HOME ,27
HB22-1287
-7- THE LANDLORD SHALL PROVIDE THE HOME OWNER OR HOME OWNERS ONE1
OF THE FOLLOWING AT THE HOME OWNER 'S OR HOME OWNERS' CHOOSING2
WITHIN THIRTY DAYS OF RECEIVING A WRITTEN DEMAND BY THE HOME3
OWNER OR HOME OWNERS :4
(a)  P
AYMENT OF RELOCATION COSTS TO RELOCATE THE MOBILE5
HOME TO A LOCATION OF THE HOME OWNER 'S CHOOSING WITHIN ONE6
HUNDRED MILES BY ROAD OF THE PARK . RELOCATION COSTS ARE7
DETERMINED BASED ON THE LOWEST ESTIMATE OBTAINED BY THE HOME8
OWNER FROM A MOBILE HOME MOVER . THE LANDLORD MAY REQUEST A9
COPY OF THE ESTIMATE TO SUPPORT THE REQUEST FOR PAYMENT OF10
RELOCATION COSTS. IF THE HOME OWNER EXERCISES THIS OPTION , THE11
HOME OWNER MUST ACTUALLY RELOCATE THE MOBILE HOME AND ALL12
PERSONAL BELONGINGS IN ACCORDANCE WITH THE ESTIMATE USED TO13
DETERMINE RELOCATION COSTS PRIOR TO THE DATE OF THE C HANGE IN USE14
SET FORTH IN THE NOTICE REQUIRED BY SECTION 38-12-203 (1)(d)(II).15
T
HE HOME OWNER IS RESPONSIBLE FOR ADDITIONAL MILEAGE COSTS TO16
MOVE THE MOBILE HOME TO A LOCATION MORE THAN ONE HUNDRED MILES17
FROM THE PARK.18
(b)  S
UBMIT A BINDING OFFER TO PURCHASE THE MOBILE HOME FOR19
THE GREATER OF:20
(I)  S
EVEN THOUSAND FIVE HUNDRED DOLLARS FOR A21
SINGLE-SECTION MOBILE HOME OR TEN THOUSAND DOLLARS FOR A22
MULTI-SECTION MOBILE HOME; OR23
(II)  O
NE HUNDRED PERCENT OF THE IN-PLACE FAIR MARKET VALUE24
AS DETERMINED THR OUGH THE APPRAISAL PROCESS SET FORTH IN THIS25
SUBSECTION (2)(b)(II). WITHIN THIRTY DAYS OF SUBMITTING THE OFFER,26
THE LANDLORD SHALL HIRE A LICENSED OR CERTIFIED RESIDENTIAL27
HB22-1287
-8- APPRAISER FROM THE ACTIVE APPRAISERS LIST PUBLISHED BY THE1
DIVISION OF REAL ESTATE IN THE DEPARTMENT OF REGULATORY AGENCIES2
TO CONDUCT THE APPRAISAL . IF THE HOME OWNER DISPUTES THE3
APPRAISED VALUE OF THE MOBILE HOME , THE HOME OWNER MAY HIRE A4
LICENSED OR CERTIFIED RESIDENTIAL APPRAISER FROM THE ACTIVE5
APPRAISERS LIST TO OBTAIN A SECOND APPRAISAL AT THE HOME OWNER	'S6
EXPENSE. TO BE CONSIDERED, THE HOME OWNER MUST OBTAIN THE7
APPRAISAL WITHIN SIXTY DAYS OF RECEIPT OF THE LANDLORD 'S8
APPRAISAL. THE RESULTS OF ALL APPRAISALS SHALL BE PROVIDED IN9
WRITING BY THE APPRAISER TO BOTH LANDLORD AND HOME OWNER . IF A10
SECOND APPRAISAL IS OBTAINED, THE HOME OWNER IS ENTITLED TO THE11
AVERAGE OF THE APPRAISALS OBTAINED BY THE LANDLORD AND THE12
HOME OWNER. IF THE HOME OWNER IS NOT SATISFIED WITH THE APPRAISAL13
OR APPRAISALS RECEIVED, THE HOME OWNER MAY SUBMIT A REQUEST FOR14
PAYMENT OF RELOCATION COSTS AS SET FORTH IN SUBSECTION (2)(a) OF15
THIS SECTION. IF THE HOME OWNER EXERCISES THE OPTION FOR PURCHASE16
UNDER THIS SUBSECTION (2)(b)(II), THE SALE CLOSING MUST OCCUR PRIOR17
TO THE DATE OF THE CHANGE IN USE SET FORTH IN THE NOTICE PROVIDED18
PURSUANT TO SECTION 38-12-203 (1)(d)(II).19
(3)  I
F AN APPRAISER CONDUCTING AN APPRAISAL PURSUANT TO20
SUBSECTION (2)(b)(II) OF THIS SECTION IDENTIFIES LACK OF21
MAINTENANCE, DEFERRED MAINTENANCE , OR DETERIORATION OF THE22
MOBILE HOME PARK BEYOND NORMAL WEAR AND TEAR THAT NEGATIVELY23
AFFECTS THE VALUE OF A MOBILE HOME , THE APPRAISER SHALL24
DETERMINE THE VALUE OF THE HOME WITH AN UPWARD ADJUSTMENT IN25
VALUE IF NECESSARY TO ELIMINATE THE NEGATIVE EFFECT IN VALUE26
CAUSED BY THE LACK OF MAINTENANCE , DEFERRED MAINTENANCE , OR27
HB22-1287
-9- DETERIORATION OF THE PARK BEYOND NORMAL WEAR AND TEAR .1
(4)  O
N JULY 1, 2024, AND ON JULY 1 OF EACH YEAR THEREAFTER,2
THE DEPARTMENT SHALL ADJUST THE AMOUNT SPECIFIED IN SUBSECTION3
(2)(b)(I) 
OF THIS SECTION IN ACCORDANCE WITH THE PERCENTAGE4
CHANGE FOR THE PREVIOUS TWELVE MONTHS AT THE TIME OF THE5
CALCULATION IN THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF6
LABOR STATISTICS , CONSUMER PRICE INDEX FOR7
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN8
CONSUMERS, OR ITS SUCCESSOR INDEX. THE DEPARTMENT SHALL PUBLISH9
THE ADJUSTED AMOUNT ON THE DEPARTMENT 'S WEBSITE.10
(5)  A
 HOME OWNER IS ENTITLED TO THE REMEDIES PROVIDED11
UNDER THIS SECTION ONLY IF THE HOME OWNER HAS NOT GIVEN NOTICE12
TO TERMINATE THE HOME OWNER 'S LEASE OR RENTAL AGREEMENT AS OF13
THE DATE OF THE NOTICE OF THE CHANGE IN USE .14
(6)  A
NY AGREEMENT MADE WITH A HOME OWNER TO WAIVE ANY15
RIGHTS UNDER THIS SECTION IS INVALID AND INEFFECTIVE FOR ANY16
PURPOSE.17
SECTION 7. In Colorado Revised Statutes, 38-12-204, add (4),18
(5), and (6) as follows:19
38-12-204.  Nonpayment of rent - notice required for rent20
increase - limitation on rent increases - repeal. (4) (a)  E
XCEPT AS21
PROVIDED IN SUBSECTION (4)(c) OF THIS SECTION, A LANDLORD SHALL NOT22
INCREASE RENT ON A MOBILE HOME LOT BY AN AMOUNT THAT EXCEEDS23
THE RENT INCREASE CAP CALCULATED BY THE DEPARTMENT OF LOCAL24
AFFAIRS IN ACCORDANCE WITH SUBSECTION (4)(b) OF THIS SECTION.25
(b) (I) (A)  W
ITHIN THIRTY DAYS OF THE EFFECTIVE DATE OF THIS26
SUBSECTION (4), THE DEPARTMENT OF LOCAL AFFAIRS SHALL CALCULATE27
HB22-1287
-10- AND PUBLISH ON ITS WEBSITE THE RENT INCREASE CAP FOR RENT1
INCREASES TAKING EFFECT IN THE PERIOD BEGINNING ON THE DATE THE2
CAP IS PUBLISHED THROUGH DECEMBER 31, 2022.3
(B)  T
HIS SUBSECTION (4)(b)(I) IS REPEALED, EFFECTIVE JUNE 30,4
2023.5
(II)  O
N OR BEFORE OCTOBER 1 OF EACH YEAR, THE DEPARTMENT6
OF LOCAL AFFAIRS SHALL CALCULATE AND PUBLISH ON ITS WEBSITE THE7
RENT INCREASE CAP FOR RENT INCREASES TAKING EFFECT IN THE PERIOD8
BEGINNING JANUARY 1 OF THE FOLLOWING CALENDAR YEAR AND FOR THE9
TWELVE MONTHS THEREAFTER .10
(III)  T
HE RENT INCREASE CAP IS THE GREATER OF:11
(A)  T
HE AVERAGE ANNUAL PERCENTAGE CHANGE FOR THE12
PREVIOUS TWELVE MONTHS AT THE TIME OF THE CALCULATION IN THE13
U
NITED STATES DEPARTMENT OF LABOR , BUREAU OF LABOR STATISTICS,14
CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL15
ITEMS AND ALL URBAN CONSUMERS , OR ITS SUCCESSOR INDEX; OR16
(B)
  THREE PERCENTAGE POINTS OF THE CURRENT RENT .17
(c)  T
HIS SUBSECTION (4) DOES NOT APPLY TO A RESIDENT-OWNED18
COMMUNITY OR TO A LANDLORD THAT IS A LOCAL GOVERNMENT , TRIBAL19
GOVERNMENT, HOUSING AUTHORITY , NONPROFIT WITH EXPERTISE20
RELATED TO HOUSING, OR THE STATE OR AN AGENCY OF THE STATE .21
(5)  A
 LANDLORD SHALL NOT INCREASE RENT ON A MOBILE HOME22
PARK LOT IF THE PARK:23
(a)  D
OES NOT HAVE A CURRENT, ACTIVE REGISTRATION FILED WITH24
THE DIVISION OF HOUSING IN ACCORDANCE WITH SECTION 38-12-1106;25
(b)  H
AS ANY UNPAID PENALTIES OWED TO THE DIVISION OF26
HOUSING; OR27
HB22-1287
-11- (c)  HAS NOT FULLY COMPLIED WITH ANY FINAL AGENCY ORDER1
ISSUED BY THE DIVISION OF HOUSING.2
(6)  A
 NOTICE OF A RENT INCREASE ISSUED IN VIOLATION OF THIS3
SECTION IS INVALID AND HAS NO FORCE AND EFFECT. A NOTICE OF A RENT4
INCREASE ISSUED LESS THAN SIXTY DAYS BEFORE THE EFFECTIVE DATE OF5
THIS SUBSECTION (6) IS INVALID AND HAS NO FORCE AND EFFECT UNLESS6
THE INCREASE IS COMPLIANT WITH THIS SECTION .7
SECTION 8. In Colorado Revised Statutes, amend 38-12-206 as8
follows:9
38-12-206.  Home owner meetings - assembly in common areas10
- meeting hosted by landlord. (1)  Home owners shall have the right to11
meet and establish a homeowners' association. Meetings of home owners12
or the homeowners' association relating to mobile home living and affairs13
in their park common area, community hall, or recreation hall, if such a14
facility or similar facility exists, shall not be subject to prohibition by the15
park management if the common area or hall is reserved according to the16
park rules and such meetings are held at reasonable hours and when the17
facility is not otherwise in use; except that no such meetings shall be held18
in the streets or thoroughfares of the mobile home park.19
(2)  T
HE MANAGEMENT SHALL NOT CHARGE HOME OWNERS OR20
RESIDENTS A FEE TO MEET IN COMMON BUILDINGS OR SPACES IN THE PARK ,21
INCLUDING ANY COMMON AREA , COMMUNITY HALL, OR RECREATION HALL;22
EXCEPT THAT THE MANAGEMENT MAY CHARGE FOR THE REASONABLE23
COSTS OF CLEANING OR REPAIRING ACTUAL DAMAGES INCURRED . THE24
MANAGEMENT MAY RECUPERATE THE COST OF REPAIRS FOR ACTUAL25
DAMAGES BEYOND NORMAL WEAR AND TEAR THAT WERE CAUSED BY A26
HOME OWNER BY RETAINING A PORTION OF A HOME OWNER 'S SECURITY27
HB22-1287
-12- DEPOSIT.1
(3)  I
F REQUESTED BY A HOME OWNER OR RESIDENT , THE2
LANDLORD OF A MOBILE HOME PARK SHALL , WITHIN THIRTY DAYS OF3
RECEIVING THE REQUEST, HOST AND ATTEND A FREE, PUBLIC, ACCESSIBLE4
MEETING FOR RESIDENTS OF THE PARK; EXCEPT THAT A LANDLORD IS NOT5
REQUIRED TO HOST AND ATTEND MORE THAN TWO MEETINGS IN A6
CALENDAR YEAR. NOTICE OF THE DATE, TIME, AND LOCATION OF THE7
MEETING MUST BE POSTED IN BOTH ENGLISH AND SPANISH IN A CLEARLY8
VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME PARK ,9
INCLUDING ANY COMMUNITY HALL OR RECREATION HALL , FOR A PERIOD10
OF SEVEN DAYS BEFORE THE MEETING AND MUST BE PROVIDED BY MAIL AT11
LEAST FOURTEEN DAYS BEFORE THE MEETING TO EACH HOME OWNERS	'12
ASSOCIATION, RESIDENTS' ASSOCIATION, OR SIMILAR BODY THAT13
REPRESENTS THE RESIDENTS OF THE PARK . IN ADDITION TO MAILING THE14
NOTICE AS REQUIRED BY THIS SECTION, THE LANDLORD SHALL PROVIDE15
NOTICE OF THE MEETING BY E-MAIL TO EACH HOME OWNER AND RESIDENT16
WHO HAS AN E-MAIL ADDRESS ON FILE WITH THE LANDLORD .17
SECTION 9. In Colorado Revised Statutes, 38-12-209, repeal (3)18
and (4) as follows:19
38-12-209.  Entry fees prohibited - security deposit. (3)  The
20
trial judge may award court costs and attorney fees in any court action21
brought pursuant to any provision of this part 2 to the prevailing party22
upon finding that the prevailing party undertook the court action and legal23
representation for a legally sufficient reason and not for a dilatory or24
unfounded cause.25
(4)  The management or a resident may bring a civil action for26
violation of the rental agreement or any provision of this part 2 in the27
HB22-1287
-13- appropriate court of the county in which the park is located. Either party1
may recover actual damages or the court may in its discretion award such2
equitable relief as it deems necessary, including the enjoining of either3
party from further violations.4
SECTION 10. In Colorado Revised Statutes, 38-12-211, amend5
(1) as follows:6
38-12-211.  Selling and transfer fees prohibited - "for sale"7
signs permitted. (1)  Neither the owner of a mobile home park nor the8
owner's agent may A LANDLORD SHALL NOT require payment of any type9
of selling fee or transfer fee by either a home owner in the park wishing10
to sell the home owner's mobile home to another party, 
A HOME OWNER11
WISHING TO REMOVE THE HOME OWNER 'S MOBILE HOME FROM THE PARK,12
or by
 any party wishing to buy a mobile home from a home owner in the13
park as a condition of tenancy in a park for the prospective buyer. T
HIS14
SUBSECTION (1) DOES NOT PROHIBIT THE LANDLORD FROM CHARGING A15
RENTAL APPLICATION FEE THAT COMPLIES WITH SECTION 38-12-903 IF THE16
PROSPECTIVE BUYER IS BUYING THE MOBILE HOME IN PLACE AND IS17
APPLYING FOR TENANCY IN THE PARK .18
SECTION 11. In Colorado Revised Statutes, 38-12-212.3,19
amend (1)(b) introductory portion, (1)(b)(II), (3), (4)(b), (5), (6)20
introductory portion, (6)(c), and (6)(d) as follows:21
38-12-212.3.  Responsibilities of landlord - acts prohibited.22
(1) (b)  If a landlord fails to maintain or repair the items described in23
subsection (1)(a)(II) 
OR (2)(b) of this section:24
(II)  The landlord is responsible for and shall pay the cost of25
providing alternative sources of potable water and maintaining portable26
toilets, which portable toilets are located reasonably near affected mobile27
HB22-1287
-14- homes in a manner that renders them accessible to people with1
disabilities, no later than twenty-four TWELVE hours after the service2
disruption begins, unless conditions beyond the landlord's control prevent3
compliance with this subsection (1)(b)(II); and4
(3)  A landlord shall not require a resident to assume any of the5
responsibilities described in subsection (1) or (2) of this section as a6
condition of any home owner's tenancy in the park.7
(4)  Nothing in this section may be construed as:8
(b)  Restricting a landlord from requiring a home owner 
OR9
RESIDENT to comply with rules and regulations of the park that are10
enforceable pursuant to section 38-12-214 or with terms of the rental11
agreement and any covenants binding upon the landlord or home owner12
OR RESIDENT, including covenants running with the land that pertain to13
the cleanliness of the home owner's 
OR RESIDENT'S lot and routine lawn14
and yard maintenance, and excluding major landscaping projects.15
(5)  A landlord shall establish and maintain an emergency contact16
number, post the number in common areas of the park, and communicate17
the number to home owners 
AND RESIDENTS in each rental agreement and18
each revision of the park rules and regulations. A home owner 
OR19
RESIDENT who uses the emergency contact number in a timely manner to20
report a problem with a condition described in subsection (1) or (2) of this21
section is deemed to have provided notice to the landlord of the problem.22
(6)  If a landlord fails to comply with the requirements of this23
section, a home owner of the park may file a complaint with the division24
of housing pursuant to the "Mobile Home Park Act Dispute Resolution25
and Enforcement Program" created in section 38-12-1104. O
N AND AFTER26
J
ULY 1, 2024, OR EARLIER IF ALLOWED BY THE DIVISION, A RESIDENT WHO27
HB22-1287
-15- IS NOT A HOME OWNER MAY FILE SUCH A COMPLAINT . If the division finds1
by a written determination that the landlord has violated this section, the2
division may:3
(c)  Require the landlord to reduce the rent owed by a home owner4
OR RESIDENT on a prorated basis to reflect the home owner's OR5
RESIDENT'S loss of use of the mobile home space; or6
(d)  Require the landlord to compensate a home owner 
OR7
RESIDENT for housing expenses on a per diem basis if the home owner OR8
RESIDENT is displaced from the home owner's
 mobile home as a result of9
the landlord's violation.10
SECTION 12. In Colorado Revised Statutes, 38-12-212.4,11
amend (1) introductory portion, (1)(a), (1)(b), (2), (3), (4), (5), and (6) as12
follows:13
38-12-212.4.  Required disclosure and notice of water usage14
and billing - responsibility for leaks. (1)  If the management charges15
home owners 
OR RESIDENTS individually for water usage in the park, then,16
on or before January 31 of each year, the management shall provide to17
each home owner 
AND RESIDENT and post IN BOTH ENGLISH AND SPANISH18
in a clearly visible location in at least one common area of the mobile19
home park the following information:20
(a)  The methodology by which the management calculates the21
amount charged to each home owner 
OR RESIDENT for water usage on the22
home owner's 
OR RESIDENT'S lot;23
(b)  The methodology by which the management calculates the24
amount charged to each home owner 
OR RESIDENT for water usage in25
common areas of the mobile home park; and26
(2)  If the management charges home owners 
OR RESIDENTS for27
HB22-1287
-16- water usage in the park, whether individually or in an aggregate amount,1
the management shall provide to each home owner 
OR RESIDENT a2
monthly water bill that indicates the amount owed by the home owner 
OR3
RESIDENT, the total amount owed by all the residents in the mobile home4
park, and, if the management purchases the water from a provider, the5
total amount paid by the management to the provider.6
(3)  The management shall not charge a home owner 
OR RESIDENT7
for any costs in addition to the actual cost of water billed to the8
management.9
(4)  The management shall use a methodology that is reasonable,10
equitable, and consistent for billing home owners 
OR RESIDENTS for any11
type of water usage.12
(5)  If the management learns of a leak in a water line inside the13
park, the management shall notify each home owner 
AND RESIDENT of the14
leak within twenty-four hours.15
(6)  The management shall not bill a home owner 
OR RESIDENT for16
any water usage that is caused by a leak in a water line inside the park.17
SECTION 13. In Colorado Revised Statutes, 38-12-212.5,18
amend (1), (2) introductory portion, (3)(a), and (5); and add (2)(e) and19
(4.5) as follows:20
38-12-212.5.  Prohibition on retaliation and harassment.21
(1)  The management shall not take retaliatory action against a home22
owner 
OR RESIDENT who exercises any right conferred upon the home23
owner by this part 2, part 11 of this article 12, or any other provision of24
law.25
(2)  Except as described in subsection (3) of this section, in an26
action or administrative proceeding by or against a home owner 
OR27
HB22-1287
-17- RESIDENT, the management's action is presumed to be retaliatory if, within1
the one hundred twenty days preceding the management's action, the2
home owner 
OR RESIDENT:3
(e)  P
ARTICIPATED IN A VOTE OR DECISION MAKING PROCESS4
CONCERNING THE OPPORTUNITY TO PURCHASE THE MOBILE HOME PARK5
PURSUANT TO SECTION 38-12-217.6
(3)  The presumption of retaliatory action described in subsection7
(2) of this section does not apply to an action or administrative hearing8
where the management:9
(a)  Addresses nonpayment of rent by a home owner 
OR RESIDENT,10
as described in section 38-12-204; or11
(4.5)  T
HE MANAGEMENT SHALL NOT :12
(a)  H
ARASS, INTIMIDATE, OR THREATEN, OR ATTEMPT TO HARASS,13
INTIMIDATE, OR THREATEN, ANY PERSON FOR FILING OR ATTEMPTING TO14
FILE A COMPLAINT, JOINING OR ATTEMPTING TO JOIN AN ASSOCIATION OF15
RESIDENTS OR HOME OWNERS , ENGAGING IN ACTIVITIES TO PROMOTE THE16
ORGANIZING AND EDUCATION OF RESIDENTS AND HOME OWNERS , OR17
VOTING OR ATTEMPTING TO VOTE ON A MATTER BEFORE THE ASSOCIATION18
OF RESIDENTS OR HOME OWNERS ; OR19
(b)  C
OERCE OR REQUIRE A PERSON TO SIGN AN AGREEMENT . 20
(5)  The rights and remedies provided by this section are available21
to home owners 
AND RESIDENTS in addition to the anti-retaliation22
protection provided in section 38-12-1105 (13).23
SECTION 14. In Colorado Revised Statutes, 38-12-213, amend24
(5) introductory portion; and add (5)(b.5) and (7) as follows:25
38-12-213.  Rental agreement - disclosure of terms in writing26
- prohibited provisions. (5)  A rental agreement may
 SHALL not include27
HB22-1287
-18- any provision:1
(b.5)  T
HAT REQUIRES A HOME OWNER TO WAIVE THE OPPORTUNITY2
TO PURCHASE THE PARK ALLOWED UNDER SECTION 38-12-217 OR TO3
PROVIDE A RIGHT OF FIRST REFUSAL TO THE LANDLORD OR ANY OTHER4
PARTY.5
(7)  I
T IS A VIOLATION OF THIS PART 2 FOR THE MANAGEMENT TO6
REQUIRE A HOME OWNER TO SIGN A NEW LEASE OR AGREEMENT IN7
VIOLATION OF THIS SECTION OR TO MISLEAD A HOME OWNER ABOUT THE8
HOME OWNER'S OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT .9
SECTION 15. In Colorado Revised Statutes, 38-12-214, amend10
(1) introductory portion, (1)(e), (2), and (3)(a); and add (2.5) and (2.7) as11
follows:12
38-12-214.  Rules and regulations - amendments - notice -13
complaints. (1)  The management shall adopt written rules and14
regulations concerning 
RESIDENTS' OR home owners' use and occupancy15
of the premises. Except as otherwise provided in this section, such rules16
and regulations are enforceable against a 
RESIDENT OR home owner only17
if:18
(e)  They are established in the rental agreement at the inception19
of the tenancy, amended subsequently with the 
WRITTEN consent of the20
home owner, or, except as described in subsection (2) of this section,21
amended subsequently without the 
WRITTEN consent of the home owner22
after the management has provided written notice of the amendments to23
the home owner at least sixty days before the amendments become24
effective, and, if applicable, enforced in compliance with subsection (3)25
of this section.26
(2)  When a mobile home 
OR ANY ACCESSORY BUILDING OR27
HB22-1287
-19- STRUCTURE is owned by a person other than the owner of the mobile1
home park in which the mobile home is located, the mobile home is AND2
ACCESSORY BUILDING OR STRUCTURE ARE EACH a separate unit of3
ownership. and rules and regulations that impose THE ACCESSORY4
BUILDING OR STRUCTURE ARE EACH PRESUMED TO BE OWNED BY THE5
OWNER OF THE MOBILE HOME UNLESS THERE IS A WRITTEN AGREEMENT6
ESTABLISHING OWNERSHIP BY ANOTHER PERSON . IF A RULE OR7
REGULATION REQUIRES A HOME OWNER TO INCUR A COST OR IMPOSES8
restrictions or requirements on that separate unit that are adopted after the9
home owner signs the rental agreement and without the consent of the10
home owner are THE HOME OWNER'S RIGHT TO CONTROL WHAT HAPPENS11
IN OR TO THEIR MOBILE HOME AND ANY ACCESSORY BUILDING OR12
STRUCTURE AS A SEPARATE UNIT OF OWNERSHIP , INCLUDING WITHOUT13
LIMITATION, TO CONTROL THE STRUCTURE AND APPEARANCE OF THE14
MOBILE HOME, BUILDING, OR STRUCTURE; WHO VISITS THE MOBILE HOME,15
BUILDING, OR STRUCTURE OR WHO RESIDES IN THE MOBILE HOME ,16
BUILDING, OR STRUCTURE, PROVIDED THE PERSON WHO RESIDES IN THE17
MOBILE HOME, BUILDING, OR STRUCTURE WAS PREVIOUSLY APPROVED AS18
A RESIDENT OF THE PARK; AND LAWFUL ACTIVITIES TAKING PLACE IN THE19
MOBILE HOME, BUILDING, OR STRUCTURE THE RULE OR REGULATION IS20
presumed unreasonable Nothing in this subsection (2) prohibits the	21
management from requiring compliance with park rules and regulations22
at the time of sale or transfer to a new owner; except that, as used in this23
subsection (2), "transfer" does not include a transfer of ownership24
pursuant to death or divorce or a transfer of ownership to a new co-owner25
pursuant to marriage PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION26
UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR REGULATION :27
HB22-1287
-20- (a)  IS STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY1
OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE2
PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS3
REASONABLY POSSIBLE;4
(b)  I
S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A5
FEDERAL, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING6
LOCAL NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER7
RESIDENTS;8
(c)  I
S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT9
COERCION OR MISREPRESENTATION BY MANAGEMENT , IN WHICH CASE THE10
RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE11
COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION ;12
OR13
(d)  I
N A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS14
ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN15
ACCORDANCE WITH THE ORGANIZATION 'S BYLAWS AND MORE THAN FIFTY16
PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION .17
(2.5) (a)  S
UBSECTION (2) OF THIS SECTION DOES NOT PROHIBIT THE18
MANAGEMENT FROM REQUIRING COMPLIANCE BY A NEW HOME OWNER19
WITH PARK RULES AND REGULATIONS THAT WERE NOT ENFORCEABLE20
AGAINST THE PREVIOUS HOME OWNER AFTER THE SALE OR TRANSFER OF21
A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE AS DESCRIBED22
IN SUBSECTION (2.5)(b) OF THIS SECTION PROVIDED THAT THE RULES OR23
REGULATIONS COMPLY WITH THIS SECTION AND HAVE BEEN DULY NOTICED24
TO ALL HOME OWNERS AND RESIDENTS, INCLUDING THE SELLER, PURSUANT25
TO SUBSECTION (1)(e) OF THIS SECTION; EXCEPT THAT, AS USED IN THIS26
SUBSECTION (2.5), "TRANSFER" DOES NOT INCLUDE A TRANSFER OF27
HB22-1287
-21- OWNERSHIP PURSUANT TO DEATH OR DIVORCE OR A TRANSFER OF1
OWNERSHIP TO A NEW CO-OWNER WHO IS AN IMMEDIATE FAMILY MEMBER ,2
SPOUSE, OR DOMESTIC PARTNER OF THE HOME OWNER .3
(b)  T
HE MANAGEMENT SHALL NOT REQUIRE A HOME OWNER4
SELLING A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE TO5
ENSURE THAT THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE6
COMPLIES WITH ANY RULES OR REGULATIONS BY THE CLOSING DATE OF7
THE SALE OR TO BEAR THE COSTS OF COMPLIANCE WITH ANY SUCH RULES8
OR REGULATIONS. IF THE MANAGEMENT REQUIRES ALL PROSPECTIVE9
BUYERS TO COMPLY WITH SUCH RULES AND REGULATIONS AS A CONDITION10
OF GAINING TENANCY IN THE PARK, THE MANAGEMENT SHALL PROMPTLY11
PROVIDE A WRITTEN LIST OF ITEMS FOR WHICH THE MANAGEMENT12
REQUIRES ACTION TO THE SELLER UPON RECEIVING NOTICE THAT THE13
MOBILE HOME IS FOR SALE. THE SELLER SHALL PROVIDE THE LIST TO ALL14
PROSPECTIVE BUYERS AND THE MANAGEMENT SHALL PROVIDE THE LIST TO15
THE BUYER UPON RECEIVING AN APPLICATION FOR TENANCY . THE16
MANAGEMENT SHALL ALLOW A REASONABLE AMOUNT OF TIME AFTER17
CLOSING FOR THE BUYER TO BRING THE MOBILE HOME OR ACCESSORY18
BUILDING OR STRUCTURE INTO COMPLIANCE , WHICH MUST BE AT LEAST19
THIRTY DAYS FROM THE CLOSING DATE .20
(2.7) (a)  N
OTWITHSTANDING ANY RENTAL AGREEMENT , THE21
MANAGEMENT SHALL NOT INTERFERE WITH A HOME OWNER 'S RIGHT TO22
SELL A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE , IN PLACE23
OR OTHERWISE, TO A BUYER OF THE HOME OWNER 'S CHOOSING24
REGARDLESS OF THE AGE OF THE HOME EXCEPT AS NECESSARY FOR THE25
MANAGEMENT TO ENSURE :26
(I)  C
OMPLIANCE WITH PARK-WIDE AFFORDABILITY RESTRICTIONS;27
HB22-1287
-22- (II)  THE FINANCIAL ABILITY OF THE HOME BUYER TO COMPLY WITH1
THE BUYER'S OBLIGATIONS AS A NEW TENANT;2
(III)  C
OMPLIANCE WITH APPLICABLE LOCAL , STATE, OR FEDERAL3
LAW; AND4
(IV)  T
HE ABSENCE OF A HOME BUYER 'S RELEVANT CRIMINAL5
HISTORY THAT WOULD INDICATE A REASONABLE CHANCE OF RISK TO6
OTHER RESIDENTS IN ACCORDANCE WITH SECTION 38-12-904 (1)(b).7
(b)  A
 PROVISION IN A RENTAL AGREEMENT THAT LIMITS OR8
RESTRICTS A HOME OWNER 'S RIGHT TO SELL A MOBILE HOME OR9
ACCESSORY BUILDING OR STRUCTURE TO A BUYER OF THE HOME OWNER 'S10
CHOOSING OTHER T HAN AS ALLOWED BY THIS SUBSECTION 	(2.7) IS11
UNENFORCEABLE.12
(3) (a)  If the management provides each home owner written13
notice of the management's intent to add or amend any written rule or14
regulation as described in subsection (1)(e) of this section, a home owner15
may file a complaint challenging the rule, regulation, or amendment16
pursuant to section 38-12-1105 within sixty days after receiving the17
notice. If a home owner files such a complaint, and the new or amended18
rule or regulation will increase a cost to the home owner in an amount19
that equals or exceeds ten percent of the home owner's monthly rent20
obligation under the rental agreement, the management shall not enforce21
the rule, regulation, or amendment unless and until the parties reach an22
agreement concerning the rule, regulation, or amendment or the dispute23
resolution process concludes and the division of housing within the24
department of local affairs issues a written determination, pursuant to25
section 38-12-1105 (4), that the rule, regulation, or amendment does not26
constitute a violation of this part 2 and may be enforced. Notwithstanding27
HB22-1287
-23- any provision of part 11 of this article 12 to the contrary, as part of the1
complaint process described in section 38-12-1105, the management has2
the burden of establishing that the rule, regulation, or amendment satisfies3
the requirements described in subsection (1) SUBSECTIONS (1) AND (2) of4
this section.5
SECTION 16. In Colorado Revised Statutes, 38-12-217, amend6
(1), (2), (3), (4)(a), (4)(b), (5) introductory portion, (5)(a), (5)(b), (6), (7),7
(8), (9), (10)(a), and (14)(a); and repeal and reenact, with amendments,8
(15) as follows:9
38-12-217.  Notice of change of use - notice of sale or closure of10
park - opportunity for home owners to purchase - procedures -11
exemptions - enforcement - private right of action - definition.12
(1)  Except as specified in subsection (12) of this section:13
(a) (I)  A mobile home park owner LANDLORD shall notify the14
owners of all mobile homes in the park and the municipality in which the15
park is situated or, if none, the county in which the park is situated16
PROVIDE NOTICE of the park owner's LANDLORD'S intent to change the use17
of the land comprising the park or to sell the park WITHIN FOURTEEN DAYS18
OF A TRIGGERING EVENT DEMONSTRATING THE LANDLORD 'S INTENT TO19
SELL. THE NOTICE MUST BE GIVEN IN ACCORDANCE WITH THE20
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION.21
(II)  A
 TRIGGERING EVENT REQUIRING NOTICE UNDER THIS22
SUBSECTION (1)(a) INCLUDES ANY TIME THE LANDLORD :23
(A)  S
IGNS A CONTRACT WITH A REAL ESTATE BROKER OR24
BROKERAGE FIRM TO LIST THE PARK FOR SALE OR TO SELL OR TRANSFER25
THE PARK;26
(B)  S
IGNS A LETTER OF INTENT, OPTION TO SELL OR BUY, OR OTHER27
HB22-1287
-24- CONDITIONAL WRITTEN AGREEMENT WITH A POTENTIAL BUYER FOR THE1
SALE OR TRANSFER OF THE PARK, WHICH INCLUDES THE ESTIMATED PRICE,2
TERMS, AND CONDITIONS OF THE PROPOSED SALE OR TRANSFER , EVEN IF3
SUCH PRICE, TERMS, OR CONDITIONS ARE SUBJECT TO CHANGE ;4
(C)  S
IGNS A CONTRACT WITH A POTENTIAL BUYER 'S REAL ESTATE5
BROKER OR BROKERAGE FIRM RELATED TO THE POTENTIAL SALE OR6
TRANSFER OF THE PARK;7
(D)  A
CCEPTS AN EARNEST MONEY PROMISSORY NOTE OR DEPOSIT8
FROM A POTENTIAL BUYER FOR THE SALE OR TRANSFER OF THE PARK ;9
(E)  R
ESPONDS TO A POTENTIAL BUYER'S DUE DILIGENCE REQUEST10
FOR THE PARK;11
(F)  P
ROVIDES A SIGNED PROPERTY DISCLOSURE FORM FOR THE12
PARK TO A POTENTIAL BUYER;13
(G)  L
ISTS THE PARK FOR SALE;14
(H)  M
AKES A CONDITIONAL ACCEPTANCE OF AN OFFER FOR THE15
SALE OR TRANSFER OF THE PARK;16
(I)  T
AKES ANY OTHER ACTION DEMONSTRATING AN INTENT TO17
SELL THE PARK; OR18
(J)  R
ECEIVES A NOTICE OF ELECTION AND DEMAND OR LIS PENDENS19
RELATED TO FORECLOSURE OF THE PARK PURSUANT TO PART 1 OF ARTICLE20
38
 OF THIS TITLE 38 OR A NOTICE THAT A CERTIFICATE OF LEVY HAS BEEN21
FILED RELATED TO THE PARK PURSUANT TO SECTION 13-56-101;22
(b)  If a mobile home park owner intends
 A LANDLORD SHALL23
PROVIDE NOTICE OF THE LANDLORD'S INTENT to change the use of the land24
comprising the mobile home park the mobile home park owner shall give25
written notice to each home owner IN ACCORDANCE WITH THE26
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION at least twelve27
HB22-1287
-25- months before the change in use will occur. The mobile home park owner1
shall mail the written notice to each home owner at the home owner's2
most recent address and shall post a copy of the notice in a conspicuous3
place on the mobile home or at the main point of entry to the lot.4
(c)  No earlier than thirty NINETY days after giving the notice5
required by this subsection (1), or subsection (2) SUBSECTION (1)(a) of6
this section, a mobile home park owner LANDLORD may post information7
in a public space in the mobile home park describing the method for8
providing a signed writing to the mobile home park owner related to the9
opportunity to purchase. The posting may MUST include standard forms10
CREATED BY THE DEPARTMENT OF LOCAL AFFAIRS related to the11
opportunity to purchase 
AND THE RIGHTS OF MOBILE HOME PARK OWNERS12
RELATED TO THE OPPORTUNITY TO PURCHASE , including a STANDARDIZED13
form 
DEVELOPED BY THE DEPARTMENT OF LOCAL AFFAIRS for providing
14
notice that a THE LANDLORD TO USE TO REQUEST THE SIGNATURES OF15
home owner does not wish OWNERS WHO DECLINE to participate in efforts16
to purchase a community. If, no earlier than thirty NINETY days after a17
mobile home park owner LANDLORD provides the notice required by this18
subsection (1), or subsection (2) SUBSECTION (1)(a) of this section, at least19
fifty percent of the home owners who reside in the park provide signed20
writings to the mobile home park owner expressing no interest LANDLORD21
DECLINING TO PARTICIPATE in purchasing the park, then the opportunity22
to purchase provided by subsection (4) of this section shall terminate23
TERMINATES even if the ninety-day ONE-HUNDRED-EIGHTY-DAY period24
provided for in subsection (4)(a) of this section has not yet elapsed.25
(d)  A mobile home park owner LANDLORD shall not solicit or26
request a home owner's intention or a signed writing related to the27
HB22-1287
-26- opportunity to purchase during the initial thirty NINETY days after giving1
notice pursuant to this subsection (1). or subsection (2) SUBSECTION (1)(a)2
of this section. At no time During the time period for considering an3
opportunity to purchase, 
A LANDLORD shall a mobile home park owner
4
NOT attempt to coerce, THREATEN, OR INTIMIDATE A HOME OWNER or5
provide any financial or in-kind incentives to a home owner to influence6
the homeowner's HOME OWNER'S VOTE OR decision AND SHALL NOT TAKE7
RETALIATORY ACTION AGAINST A HOME OWNER AFTER THE HOME OWNER 'S8
VOTE OR DECISION. Any complaints alleging violation of this subsection9
(1) may be resolved under part 11 of this article 12 
AND SUBSECTION (15)10
OF THIS SECTION.11
(2)  Notice - requirements. In addition to the notice specified in
12
subsection (1) of this section, and except as specified in subsection (12)13
of this section:14
(a)  A landlord shall give notice to each home owner in the mobile15
home park upon any of the following triggering events:16
(I)  The landlord lists the park for sale;17
(II)  The landlord intends to make a final, unconditional18
acceptance of an offer for the sale or transfer of the park; or19
(III)  The landlord receives:20
(A)  A notice of election and demand or lis pendens related to21
foreclosure of the park pursuant to part 1 of article 38 of this title 38; or22
(B)  Notice that a certificate of levy has been filed related to the23
park pursuant to section 13-56-101.24
(b)  Within fourteen days after the date on which any of the events25
described in subsection (2)(a) of this section occur,26
(a)  T
O PROVIDE NOTICE AS REQUIRED BY SUBSECTION (1)(a) OR27
HB22-1287
-27- (1)(b) OF THIS SECTION, the landlord shall mail the notice required by this1
section IN BOTH ENGLISH AND SPANISH by certified mail to:2
(I)  Each home owner, using the most recent address of the home3
owner, and shall post a copy of the notice in a conspicuous place on the4
mobile home or at the main point of entry to the lot;5
(II)  The municipality or, if the park is in an unincorporated area,6
the county within which the park is located;7
(III)  The division of housing in the department of local affairs;8
and9
(IV)  Each home owners' association, residents' association, or10
similar body that represents the residents of the park.11
(b)  I
N ADDITION TO MAILING THE NOTICE, THE LANDLORD SHALL:12
(I)  P
ROVIDE THE NOTICE IN BOTH ENGLISH AND SPANISH BY13
E-MAIL TO EACH RESIDENT WHO HAS AN E -MAIL ADDRESS ON FILE WITH14
THE LANDLORD; AND15
(II)  P
OST THE NOTICE IN BOTH ENGLISH AND SPANISH IN A16
CLEARLY VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME17
PARK, INCLUDING ANY COMMUNITY HALL OR RECREATION HALL . THE18
NOTICE MUST REMAIN PUBLICLY POSTED FOR A PERIOD OF AT LEAST ONE19
HUNDRED EIGHTY DAYS FROM THE DATE IT IS POSTED OR UNTIL THE20
OPPORTUNITY TO PURCHASE HAS EXPIRED .21
(3)  Contents of notice. The notice given pursuant to subsection
22
(1) or (2) SUBSECTION (1)(a) of this section must include notice of home23
owners' rights 
AND REMEDIES under subsections (4) to (9) of
 this section.24
If the triggering event involves a 
POTENTIAL sale, the notice must also25
include a description of the property to be purchased, and
 the price, terms,26
and conditions of an acceptable offer the landlord has received to sell the27
HB22-1287
-28- mobile home park or the price or terms and conditions for which the1
landlord intends to sell the park, 
AND ANY OTHER TERMS OR CONDITIONS2
WHICH, IF NOT MET, WOULD BE SUFFICIENT GROUNDS, IN THE LANDLORD'S3
DISCRETION, TO REJECT AN OFFER FROM A GROUP OF HOME OWNERS OR4
THEIR ASSIGNEES. THE PRICE, TERMS, AND CONDITIONS STATED IN THE5
NOTICE MUST BE UNIVERSAL AND APPLICABLE TO ALL POTENTIAL BUYERS ,6
AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE OF A GROUP OR7
ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES MAKING A8
SUCCESSFUL OFFER TO PURCHASE THE PARK . The information regarding9
the proposed sale and the price, terms, and conditions of an acceptable10
offer may be shared for the purposes of evaluating or obtaining financing11
for the prospective transaction, but all persons who receive the12
information shall otherwise keep it confidential if the park owner
13
LANDLORD or the park owner's LANDLORD'S agent so requests.14
(4) Offer to purchase - who may submit - time limits. (a)  A15
group or association of home owners or their assignees have ninety ONE16
HUNDRED EIGHTY days after the date that the landlord mails a notice under17
subsection (1) or (2) REQUIRED BY SUBSECTION (1)(a) of this section to:18
(I)  Submit to the landlord a proposed purchase and sale agreement19
and20
(II) obtain a binding commitment for any necessary financing or21
guarantees; 
OR22
(II)  S
UBMIT TO THE LANDLORD AN ASSIGNMENT AGREEMENT23
PURSUANT TO SUBSECTION (8) OF THIS SECTION.24
(b)  Notwithstanding subsection (4)(a) of this section, if a25
foreclosure sale of the park is scheduled for less than ninety
 ONE26
HUNDRED EIGHTY days after the landlord mails a notice under subsection27
HB22-1287
-29- (1) or (2) REQUIRED BY SUBSECTION (1)(a) of this section, the opportunity1
granted by subsection (4)(a) of this section terminates on the date of the2
foreclosure sale.3
(5)  Landlord's duty to consider offer. A landlord that receives4
an offer pursuant to HAS GIVEN NOTICE AS REQUIRED BY SUBSECTION5
(1)(a) 
OF this section shall: not unreasonably refuse to:
6
(a)  Provide documents, data, and other information in response to7
reasonable requests for information from a group or association of home8
owners or their assignees participating in the opportunity to purchase that9
would enable them to prepare an offer. The documents, data, and other10
information provided may be shared for the purposes of evaluating or11
obtaining financing for the prospective transaction, but all persons who12
receive the information shall otherwise keep it confidential if the park13
owner LANDLORD or the park owner's LANDLORD'S agent so requests.14
(b) (I)  Negotiate in good faith with a group or association of home15
owners or their assignees. or16
(II)  F
OR PURPOSES OF THIS SUBSECTION (5)(b), NEGOTIATING IN17
GOOD FAITH INCLUDES, BUT IS NOT LIMITED TO, PROVIDING A WRITTEN18
RESPONSE WITHIN SEVEN CALENDAR DAYS OF RECEIVING AN OFFER FROM19
A GROUP OF HOME OWNERS OR THEIR ASSIGNEES . THE WRITTEN RESPONSE20
MUST ACCEPT OR REJECT THE OFFER, AND IF THE OFFER IS REJECTED, MUST21
STATE:22
(A)  T
HE CURRENT PRICE, TERMS, OR CONDITIONS OF AN23
ACCEPTABLE OFFER THAT THE LANDLORD HAS RECEIVED TO SELL THE24
MOBILE HOME PARK, IF THE PRICE, TERMS, OR CONDITIONS HAVE CHANGED25
SINCE THE LANDLORD GAVE NOTICE TO THE HOME OWNERS PURSUANT TO26
SUBSECTION (3) OF THIS SECTION; AND27
HB22-1287
-30- (B)  A WRITTEN EXPLANATION OF WHY THE LANDLORD IS1
REJECTING THE OFFER FROM A GROUP OF HOME OWNERS AND WHAT TERMS2
AND CONDITIONS MUST BE INCLUDED IN A SUBSEQUENT OFFER FOR THE3
LANDLORD TO POTENTIALLY ACCEPT IT .4
(III)  T
HE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE5
OFFER STATED IN THE RESPONSE MUST BE UNIVERSAL AND APPLICABLE TO6
ALL POTENTIAL BUYERS, AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE7
OF A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES8
MAKING A SUCCESSFUL OFFER TO PURCHASE THE PARK .9
(6) Expiration of opportunity to purchase. (a)  If the ninety-day
10
ONE-HUNDRED-EIGHTY-DAY period provided for in subsection (4)(a) of11
this section elapses and a group or association of home owners or their12
assignees have not submitted a proposed purchase and sale agreement or13
obtained a binding financial commitment, the group's or association's14
opportunities provided by this section terminate.15
(b)  A landlord shall give a group or association of home owners16
or their assignees an additional ninety ONE HUNDRED EIGHTY days after17
the ninety-day ONE-HUNDRED-EIGHTY-DAY period provided by subsection18
(4)(a) of this section to close on the purchase of the mobile home park. 19
(7)  Extension or tolling of time. (a) The ninety-day20
ONE-HUNDRED-EIGHTY-DAY periods described in subsections (4)(a) and21
(6)(b) of this section may be extended by written agreement between the22
landlord and the group or association of home owners or their assignees.23
(b) (I)  T
HE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR24
ASSIGNEES ARE ENTITLED TO TOLLING OF THE TIME PERIODS DESCRIBED IN25
SUBSECTION (4)(a) AND (6)(b) OF THIS SECTION IN ANY OF THE FOLLOWING26
CIRCUMSTANCES:27
HB22-1287
-31- (A)  IF THERE IS A REASONABLE DELAY IN OBTAINING FINANCING1
OR A REQUIRED INSPECTION OR SURVEY OF THE LAND THAT IS OUTSIDE THE2
CONTROL OF THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR3
ASSIGNEES, THE TIME PERIOD IS TOLLED FOR THE DURATION OF THE DELAY;4
(B)  I
F THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR5
ASSIGNEE FILES A NONFRIVOLOUS COMPLAINT WITH THE DEPARTMENT OF6
LOCAL AFFAIRS ALLEGING A VIOLATION OF THIS SECTION, THE TIME PERIOD7
IS TOLLED UNTIL THE DEPARTMENT OF LOCAL AFFAIRS ISSUES A WRITTEN8
NOTICE OF VIOLATION OR NOTICE OF NONVIOLATION THAT HAS BECOME A9
FINAL AGENCY ORDER DETERMINING WHETHER A VIOLATION HAS10
OCCURRED OR THE PARTIES REACH A RESOLUTION BY SIGNING A11
SETTLEMENT AGREEMENT APPROVED BY THE DEPARTMENT OF LOCAL12
AFFAIRS; AND13
(C)  I
F THE GROUP OR ASSOCIATION OF HOME OWNERS HAS14
ATTEMPTED TO ASSIGN THEIR RIGHTS PURSUANT TO SUBSECTION (8) OF15
THIS SECTION, THE TIME PERIOD IS TOLLED FROM THE TIME THE GROUP OR16
ASSOCIATION MAKES THE OFFER OF ASSIGNMENT UNTIL THE POTENTIAL17
ASSIGNEE EITHER CONFIRMS IN WRITING THAT THE OFFER IS REJECTED OR18
A WRITTEN ASSIGNMENT CONTRACT IS EXECUTED ; EXCEPT THAT THE TIME19
PERIOD SHALL NOT BE TOLLED FOR MORE THAN NINETY DAYS PURSUANT20
TO THIS SUBSECTION (7)(b)(I)(C).21
(8)  Assignment of right to purchase. (a)  A group or association22
of home owners or their assignees that have the opportunity to purchase23
under subsection (4) of this section may assign their purchase right to a24
local or state
 government, tribal government, housing authority, or25
nonprofit with expertise related to housing, or to 
THE STATE OR an agency26
of the state, for the purpose of continuing the use of the park.27
HB22-1287
-32- (b) (I)  IF A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR1
ASSIGNEES COMPRISING MORE THAN FIFTY PERCENT OF HOME OWNERS IN2
A PARK CHOOSE TO ASSIGN THEIR RIGHTS TO A PUBLIC ENTITY UNDER THIS3
SUBSECTION (8), THE HOME OWNERS OR THEIR ASSIGNEES SHALL ENTER4
INTO A WRITTEN ASSIGNMENT CONTRACT WITH THE PUBLIC ENTITY . THE5
ASSIGNMENT CONTRACT MUST INCLUDE THE TERMS AND CONDITIONS OF6
THE ASSIGNMENT AND FOR HOW THE PARK WILL BE OPERATED IF THE7
PUBLIC ENTITY PURCHASES THE PARK. THE ASSIGNMENT CONTRACT MUST8
PROVIDE THAT THE TERMS AND CONDITIONS ARE APPLICABLE TO ANY9
DESIGNEE SELECTED BY THE PUBLIC ENTITY PURSUANT TO SUBSECTION10
(8)(b)(II) 
OF THIS SECTION. THE TERMS AND CONDITIONS MAY INCLUDE ,11
BUT ARE NOT LIMITED TO:12
(A)
  ANY DEED RESTRICTIONS THAT MAY BE REQUIRED OR13
PERMITTED REGARDING THE LOTS OR THE HOUSES IN THE PARK ;14
(B)
  ANY RESTRICTIONS ON RENT OR FEE INCREASES THAT APPLY IF15
THE PUBLIC ENTITY PURCHASES THE PARK ;16
(C)
  ANY REQUIRED CONDITIONS , SUCH AS THE REQUIRED17
DEMONSTRATION OF APPROVAL FROM HOME OWNERS , FOR REDEVELOPING18
OR CHANGING THE USE OF SOME OR ALL OF THE PARK ;19
(D)
  A MANAGEMENT AGREEMENT FOR HOW THE PARK WILL BE20
OPERATED IF THE PUBLIC ENTITY PURCHASES THE PARK ; AND21
(E)
  ANY CHANGES TO PARK RULES OR REGULATIONS THAT APPLY22
IF THE PUBLIC ENTITY PURCHASES THE PARK.23
(II)  A
 PUBLIC ENTITY SHALL ONLY EXERCISE ITS RIGHT OF FIRST24
REFUSAL FOR THE PURPOSE OF PRESERVING THE MOBILE HOME PARK AS25
LONG-TERM AFFORDABLE HOUSING . THE PUBLIC ENTITY MAY DESIGNATE26
A HOUSING AUTHORITY OR OTHER POLITICAL SUBDIVISION TO PURCHASE27
HB22-1287
-33- THE PARK PURSUANT TO THE PUBLIC ENTITY'S RIGHT OF FIRST REFUSAL FOR1
THIS PURPOSE IF THE OPTION FOR A DESIGNATION IS EXPRESSLY AGREED TO2
IN THE ASSIGNMENT CONTRACT .3
(III)  T
HE PUBLIC ENTITY OR ITS DESIGNEE SHALL PROMPTLY4
PROVIDE NOTICE OF THE ASSIGNMENT CONTRACT TO THE LANDLORD .5
(c) (I)  I
F A LANDLORD RECEIVES NOTICE THAT A GROUP OR6
ASSOCIATION OF HOME OWNERS HAS ENTERED AN ASSIGNMENT CONTRACT7
WITH A PUBLIC ENTITY PURSUANT TO SUBSECTION (8)(b) OF THIS SECTION,8
THE LANDLORD SHALL PROVIDE A RIGHT OF FIRST REFUSAL TO THE PUBLIC9
ENTITY OR ITS DESIGNEE. ANY PURCHASE AND SALE AGREEMENT ENTERED10
INTO BY THE LANDLORD MUST BE CONTINGENT UPON THE RIGHT OF FIRST11
REFUSAL OF THE PUBLIC ENTITY OR ITS DESIGNEE TO PURCHASE THE12
MOBILE HOME PARK.13
(II)  W
ITHIN THIRTY DAYS AFTER RECEIVING NOTICE OF AN14
ASSIGNMENT CONTRACT , THE LANDLORD SHALL PROVIDE THE PUBLIC15
ENTITY OR ITS DESIGNEE WITH THE TERMS UPON WHICH THE LANDLORD16
WOULD ACCEPT AN OFFER TO SELL THE PARK OR A CONTINGENT PURCHASE17
AND SALE AGREEMENT THAT IS EFFECTIVE UPON ITS EXECUTION . THE18
PUBLIC ENTITY HAS ONE HUNDRED EIGHTY DAYS FROM THE DATE THE19
PUBLIC ENTITY OR ITS DESIGNEE RECEIVES THE TERMS OR CONTINGENT20
PURCHASE AND SALE AGREEMENT TO NOTIFY THE LANDLORD OF THE21
PUBLIC ENTITY'S INTENT TO PURCHASE THE MOBILE HOME PARK OR OF THE22
PUBLIC ENTITY'S INTENT TO FACILITATE THE PURCHASE OF THE MOBILE23
HOME PARK BY ITS DESIGNEE.24
(III)  T
HE LANDLORD SHALL SELL THE MOBILE HOME PARK TO THE25
PUBLIC ENTITY OR ITS DESIGNEE IF	, WITHIN THE26
ONE-HUNDRED-EIGHTY-DAY PERIOD, THE PUBLIC ENTITY OR ITS DESIGNEE:27
HB22-1287
-34- (A)  NOTIFIES THE LANDLORD OF ITS INTENT TO PURCHASE THE1
PARK OR FACILITATE THE PURCHASE OF THE PARK BY ITS DESIGNEE ;2
(B)  A
CCEPTS THE CONTINGENT PURCHASE AND SALE AGREEMENT3
PROVIDED BY THE LANDLORD OR OFFERS THE LANDLORD TERMS THAT ARE4
ECONOMICALLY SUBSTANTIALLY IDENTICAL TO THE TERMS OF THE5
CONTINGENT PURCHASE AND SALE AGREEMENT OR TO THE TERMS THE6
LANDLORD PROVIDED PURSUANT TO SUBSECTION (8)(c)(II) OF THIS7
SECTION; AND8
(C)  C
OMMITS TO CLOSE WITHIN ONE HUNDRED EIGHTY DAYS FROM9
THE DATE THE PUBLIC ENTITY OR ITS DESIGNEE AND THE OWNER SIGN A10
PURCHASE AND SALE AGREEMENT .11
(IV)  F
OR THE PURPOSE OF DETERMINING WHETHER THE TERMS OF12
AN OFFER ARE ECONOMICALLY SUBSTANTIALLY IDENTICAL UNDER13
SUBSECTION (8)(c)(III)(B) OF THIS SECTION, IT IS IMMATERIAL HOW THE14
OFFER WOULD BE FINANCED.15
(d)  A
 LANDLORD SHALL NOT TAKE ANY ACTION THAT WOULD16
PRECLUDE THE PUBLIC ENTITY OR ITS DESIGNEE FROM SUCCEEDING TO THE17
RIGHTS OF AND ASSUMING THE OBLIGATIONS OF THE DESIGNEE OF THE18
TERMS OF THE CONTINGENCY PURCHASE AND SALE AGREEMENT OR19
NEGOTIATING WITH THE LANDLORD FOR THE PURCHASE OF THE MOBILE20
HOME PARK DURING THE NOTICE PERIODS IDENTIFIED IN THIS SECTION . 21
(e)  I
N ADDITION TO ANY OTHER TIMES , DURING THE NOTICE22
PERIODS IDENTIFIED IN THIS SECTION, A PUBLIC ENTITY MAY PURSUE23
PRESERVATION OF THE MOBILE HOME PARK AS AFFORDABLE HOUSING24
THROUGH NEGOTIATION FOR PURCHASE OR THROUGH CONDEMNATION .25
(f)  A
S USED IN THIS SUBSECTION (8), "PUBLIC ENTITY" MEANS THE26
STATE, AN AGENCY OF THE STATE , A LOCAL GOVERNMENT , A TRIBAL27
HB22-1287
-35- GOVERNMENT, OR ANY POLITICAL SUBDIVISION OF THE STATE , A LOCAL1
GOVERNMENT, OR A TRIBAL GOVERNMENT.2
(9) Independence of time limits and notice provisions.3
(a)  E
XCEPT AS PROVIDED IN SUBSECTION (9)(b) OF THIS SECTION, each4
occurrence of a triggering event listed in subsection (1) or (2)
5
SUBSECTION (1)(a) of this section creates an independent, ninety-day6
ONE-HUNDRED-EIGHTY-DAY opportunity to purchase for the group or7
association of home owners or their assignees. If a ninety-day8
ONE-HUNDRED-EIGHTY-DAY opportunity to purchase is in effect and a9
new triggering event occurs, the ongoing ninety-day10
ONE-HUNDRED-EIGHTY-DAY time period terminates and a new ninety-day11
ONE-HUNDRED-EIGHTY-DAY time period begins on the latest date on12
which the landlord gives notice, as required by subsection (1)13
SUBSECTION (1)(a) or (2) of this section, of the new triggering event.14
(b) (I)  A
 LANDLORD IS NOT REQUIRED TO PROVIDE A NEW OR15
SUBSEQUENT NOTICE OF INTENT TO SELL FOR EACH TRIGGERING EVENT16
LISTED IN SUBSECTION (1)(a) OF THIS SECTION IF:17
(A)  T
HE NEW DEMONSTRATION OF INTENT OCCURS WITHIN SIXTY18
CALENDAR DAYS OF THE CERTIFIED MAILING OF THE MOST RECENT NOTICE19
UNDER SUBSECTION (2) OF THIS SECTION; AND20
(B)  T
HERE ARE NO MATERIAL CHANGES TO THE IDENTITY OF A21
POTENTIAL BUYER IF THE LANDLORD HAS MADE A CONDITIONAL22
AGREEMENT WITH A BUYER ; TO THE TIME WHEN THE PARK IS LISTED FOR23
SALE; OR TO THE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE24
OFFER THE LANDLORD HAS RECEIVED TO SELL THE MOBILE HOME PARK OR25
FOR WHICH THE LANDLORD INTENDS TO SELL THE PARK , WHICH WERE26
INCLUDED IN THE MOST RECENT NOTICE PROVIDED PURSUANT TO27
HB22-1287
-36- SUBSECTION (1)(a) OF THIS SECTION.1
(II)  A
NY MATERIAL CHANGE TO THE PRICE , TERMS, AND2
CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO3
SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO4
SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT , REQUIRING A5
NEW NOTICE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND6
CREATING A NEW ONE-HUNDRED-EIGHTY-DAY TIME PERIOD. 7
(b)
 (c)  A notice required under this section is in addition to, and8
does not substitute for or affect, any other notice requirement under this9
part 2.10
(10)  A landlord shall not make a final, unconditional acceptance11
of any offer for the sale or transfer of the park until:12
(a)  The landlord has considered an offer made by a group or13
association of home owners or their assignees pursuant to subsections (4),14
and (5), AND (8) of this section; or15
(14)  Triggering events not essential. (a)  A group or association16
of home owners or their assignees may submit an offer to purchase to a17
landlord at any time, even if none of the events listed in subsection (1) or18
(2) SUBSECTION (1)(a) of this section has occurred.19
(15) Penalties and enforcement. (a) (I)  A
NY SALE OF A MOBILE20
HOME PARK IN WHICH THE LANDLORD OR SELLER OF THE PARK IS21
SUBSTANTIALLY OUT OF COMPLIANCE WITH THIS SECTION IS NOT A LAWFUL22
SALE AND IS NULL AND VOID.23
(II)  F
OR PURPOSES OF THIS TITLE 38, THE RIGHTS ACCORDED TO24
HOME OWNERS IN THIS SECTION ARE PROPERTY INTERESTS .25
(III)  A
NY TITLE TRANSFERRED SUBSEQUENT TO THE TRIGGERING26
EVENTS IN SUBSECTION (1)(a) OF THIS SECTION IS DEFECTIVE UNLESS THE27
HB22-1287
-37- PROPERTY INTERESTS OF THE HOME OWNERS AS SET FORTH IN SUBSECTION1
(15)(a)(II) 
OF THIS SECTION ARE SECURED OR UNTIL AN EQUITABLE2
REMEDY HAS BEEN PROVIDED .3
(b)  I
F THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL4
AFFAIRS RECEIVES A COMPLAINT FILED IN ACCORDANCE WITH PART 11 OF5
THIS ARTICLE 12, THE DIVISION SHALL INVESTIGATE THE ALLEGED6
VIOLATIONS AT THE DIVISION 'S DISCRETION, AND, IF APPROPRIATE,7
FACILITATE NEGOTIATIONS BETWEEN THE COMPLAINANT AND RESPONDENT8
IN ACCORDANCE WITH PART 11 OF THIS ARTICLE 12. THE DIVISION MAY9
ALSO INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION UPON ITS OWN10
INITIATIVE. IN ADDITION TO THE REMEDIES DESCRIBED IN SECTION11
38-12-1105,
 THE DIVISION MAY:12
(I)  I
MPOSE A FINE ON THE SELLER OF THE MOBILE HOME PARK IN AN13
AMOUNT NOT TO EXCEED THIRTY PERCENT OF THE SALE OR LISTING PRICE14
OF THE PARK, WHICHEVER IS GREATER , WHICH THE DIVISION SHALL15
DISTRIBUTE TO THE HOME OWNERS IN THE PARK ; OR16
(II)  F
ILE A CIVIL ACTION FOR INJUNCTIVE OR OTHER RELIEF IN THE17
DISTRICT COURT FOR THE DISTRICT IN WHICH THE PARK IS LOCATED .18
(c)  S
UBJECT TO AVAILABLE RESOURCES , THE ATTORNEY GENERAL19
MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION . IF THE20
ATTORNEY GENERAL MAKES A PRELIMINARY FINDING THAT A LANDLORD21
OR SELLER OF A MOBILE HOME PARK SUBSTANTIALLY FAILED TO COMPLY22
WITH THIS SECTION, AND IF CONTINUATION OF THE SALE IS LIKELY TO23
RESULT IN SIGNIFICANT HARM TO THE PROPERTY INTERESTS OF THE HOME24
OWNERS AS SET FORTH IN SUBSECTION (15)(a)(II) OF THIS SECTION, THE25
ATTORNEY GENERAL:26
(I)  S
HALL INFORM THE REGISTRAR OF TITLES THAT THE HOME27
HB22-1287
-38- OWNERS WITH PROPERTY INTERESTS UNDER THIS SECTION HAVE AN1
ADVERSE CLAIM ON THE PROPERTY , WHICH MUST BE RECORDED ON THE2
CERTIFICATE OF TITLE;3
(II)  M
AY, PURSUANT TO SECTION 38-36-131 AND SUBJECT TO THE4
TIME LIMITS OF SECTION 38-36-132, ISSUE AN ORDER PROVIDING5
TEMPORARY INJUNCTIVE RELIEF TO PRESERVE THE OWNERSHIP STATUS6
QUO IF THE ORDER IS ISSUED PRIOR TO A TRANSFER OF TITLE , OR TO7
REVERT THE OWNERSHIP TO STATUS QUO ANTE SUBJECT TO THE8
LIMITATIONS OF ARTICLE 41 OF THIS TITLE 38 IF THE ORDER IS ISSUED9
AFTER THE TRANSFER OF TITLE;10
(III)  M
AY CONTINUE TO INVESTIGATE , NEGOTIATE, AND, IF11
APPROPRIATE, FILE A CIVIL ACTION TO SECURE AND ENFORCE THE RIGHTS12
OF HOME OWNERS UNDER THIS SECTION OR TO SECURE AN EQUITABLE13
REMEDY ON THEIR BEHALF.14
(d)  O
NE OR MORE HOME OWNERS OR THEIR ASSIGNEES MAY FILE A15
CIVIL ACTION ALLEGING A VIOLATION OF THIS SECTION PURSUANT TO16
SECTION 38-12-220.17
SECTION 17. In Colorado Revised Statutes, 38-12-219, amend18
(1) introductory portion and (1)(a); and add (2) as follows:19
38-12-219.  Home owners' and landlords' rights. (1)  Every20
home owner and landlord shall have the
 HAS A PRIVATE right OF ACTION21
PURSUANT TO SECTION 38-12-203 OR 38-12-220 to ENFORCE the22
following:23
(a)  Protection from abuse or disregard of state or local law by the24
landlord and home owners. A
BUSE OR DISREGARD OF STATE OR LOCAL25
LAW INCLUDES, BUT IS NOT LIMITED TO:26
(I)  O
RAL OR WRITTEN STATEMENTS THAT THREATEN EVICTION OF27
HB22-1287
-39- A HOMEOWNER FOR VIOLATIONS THAT ARE NOT GROUNDS TO TERMINATE1
A TENANCY UNDER SECTION 38-12-203;2
(II)  M
ISLEADING A HOME OWNER ABOUT THE HOME OWNER 'S3
OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT ; OR4
(III)  T
AKING, POSSESSING, OR DEPRIVING A HOME OWNER OR5
RESIDENT OF HIS OR HER PROPERTY OR PROPERTY RIGHTS WITHOUT DUE6
PROCESS OF LAW, INCLUDING THE OPPORTUNITY FOR A JUDICIAL OR7
ADMINISTRATIVE HEARING.8
(2)  T
HE RIGHTS AND OBLIGATIONS SET FORTH IN SUBSECTIONS9
(1)(a)(III), (1)(b), 
AND (1)(c) OF THIS SECTION ARE NOT SUBJECT TO10
ENFORCEMENT THROUGH THE "MOBILE HOME PARK ACT DISPUTE11
R
ESOLUTION AND ENFORCEMENT PROGRAM " CREATED IN PART 11 OF THIS12
TITLE 38.13
SECTION 18. In Colorado Revised Statutes, amend 38-12-22014
as follows:15
38-12-220.  Private civil right of action. (1)  A home owner, in
16
a park where the landlord has violated any provision of this article 12 has17
a private civil right of, A RESIDENT, AN ASSOCIATION OF HOME OWNERS ,18
OR A LANDLORD OR THE ASSIGNEE OF A HOME OWNER , A RESIDENT, AN19
ASSOCIATION OF HOME OWNERS , OR A LANDLORD MAY FILE A CIVIL action20
against the landlord ALLEGING A VIOLATION OF A RENTAL AGREEMENT OR21
OF ANY PROVISION OF THIS ARTICLE 12.22
(2)  In any such action, except as described in section 38-12-10523
(4): the home owner is entitled to actual economic damages and24
reasonable attorney fees and costs if the home owner is successful in the25
action.26
(a)  A
 COURT MAY AWARD ECONOMIC DAMAGES , ANY PENALTIES27
HB22-1287
-40- AUTHORIZED BY THIS ARTICLE 12, AND SUCH EQUITABLE AND INJUNCTIVE1
RELIEF AS IS APPROPRIATE TO PROTECT THE RIGHTS OF THE PARTIES ;2
(b)  A
 COURT MAY AWARD REASONABLE ATTORNEY FEES AND3
COSTS TO A PREVAILING PARTY; EXCEPT THAT, IN AN ACTION BROUGHT BY4
A RESIDENT, A HOME OWNER, OR AN ASSOCIATION OF HOME OWNERS A5
COURT SHALL NOT:6
(I)  A
WARD ATTORNEY FEES TO A LANDLORD UNLESS THE COURT7
FINDS THAT THE RESIDENT, A HOME OWNER, OR AN ASSOCIATION OF HOME8
OWNERS FILED A COMPLAINT THAT WAS FRIVOLOUS , NOTWITHSTANDING9
ANY AGREEMENT TO THE CONTRARY ; OR10
(II)  R
EQUIRE A BOND TO BE PAID INTO THE COURT AS A CONDITION11
OF FILING THE SUIT.12
(3)  I
N AN ACTION ALLEGING A VIOLATION OF SECTION 38-12-217:13
(a)  A
 COURT MAY ISSUE AN ORDER SUSPENDING THE14
ONE-HUNDRED-EIGHTY-DAY PERIODS DESCRIBED IN SECTION 38-12-21715
(4)(a) 
AND (6)(b), STAYING OR CANCELING THE CLOSING OF ANY PENDING16
TRANSACTION, OR PROVIDING SUCH OTHER EQUITABLE RELIEF AS THE17
COURT DEEMS NECESSARY TO PROTECT THE RIGHTS OF THE HOME OWNERS18
UNDER SECTION 38-12-217.19
(b)  I
F THE COURT FINDS THE LANDLORD VIOLATED SECTION20
38-12-217,
 IN ADDITION TO ALL OTHER REMEDIES , THE COURT SHALL21
AWARD A STATUTORY PENALTY OF NO LESS THAN TWENTY THOUSAND22
DOLLARS BUT NO MORE THAN THE DOLLAR AMOUNT CALCULATED TO BE23
THIRTY PERCENT OF THE PURCHASE OR LISTING PRICE OF THE PARK . THE24
PENALTY AUTHORIZED BY THIS SUBSECTION (3)(b) IS IN ADDITION TO ANY25
FINE OR PENALTY IMPOSED BY OR AWARDED TO THE DIVISION OF HOUSING26
UNDER SECTION 38-12-217 (15).27
HB22-1287
-41- SECTION 19. In Colorado Revised Statutes, 38-12-222, amend1
(2) and (3) as follows:2
38-12-222.  Residents' right to privacy. (2)  Unless otherwise3
prohibited by law, the management has a right of entry to mobile home4
space to fulfill the duties described in section 38-12-212.3 and to ensure5
compliance with applicable codes, statutes, ordinances, and6
administrative rules; the rental agreement; and the rules and regulations7
of the park. A landlord shall not enter in a manner that interferes with a8
home owner's RESIDENT'S peaceful enjoyment of the mobile home space,9
as described in section 38-12-219 (1)(b), except in the case of an10
emergency.11
(3)  Except when posting notices that are required by law or by a12
rental agreement, the management shall make a reasonable effort to notify13
a home owner RESIDENT of the management's intention to enter the14
mobile home space at least forty-eight hours before entry. T
HE15
NOTIFICATION MUST INCLUDE THE DATE AND APPROXIMATE TIME OF THE16
PLANNED ENTRY AND MUST BE DELIVERED IN A MANNER THAT IS17
REASONABLY LIKELY TO BE SEEN OR HEARD BY THE RESIDENT IN A TIMELY18
MANNER.19
SECTION 20. In Colorado Revised Statutes, add 38-12-223 as20
follows:21
38-12-223.  Tenancy and park sale records. (1)  A
 LANDLORD22
SHALL RETAIN RECORDS FOR EACH HOME OWNER AND RESIDENT23
THROUGHOUT THE HOME OWNER 'S OR RESIDENT'S TENANCY AND FOR24
TWELVE MONTHS AFTER THE TENANCY ENDS , INCLUDING DOCUMENTATION25
OF:26
(a)  E
ACH RENTAL AGREEMENT SIGNED BY THE HOME OWNER OR27
HB22-1287
-42- RESIDENT AND THE CURRENT OR PREVIOUS LANDLORD ;1
(b)  T
HE DATE AND AMOUNT OF ANY CHANGE IN RENT DURING THE2
HOME OWNER'S OR RESIDENT'S TENANCY;3
(c)  W
RITTEN RULES AND REGULATIONS ADOPTED BY THE CURRENT4
OR PREVIOUS LANDLORD DURING THE HOME OWNER 'S OR RESIDENT'S5
TENANCY;6
(d)  E
ACH REQUEST FROM THE HOME OWNER OR RESIDENT7
RELATING TO THE FOLLOWING , INCLUDING WHETHER THE LANDLORD AT8
THE TIME APPROVED OR DISAPPROVED EACH REQUEST :9
(I)  G
UESTS, ROOMMATES, OCCUPANTS, CO-LESSEES, OR10
SUB-LESSEES;11
(II)  P
ETS OR SERVICE ANIMALS;12
(III)  A
CCESSORY BUILDINGS OR STRUCTURES , INCLUDING SHEDS13
AND CARPORTS;14
(IV)  D
ECKS, FENCES, WHEELCHAIR RAMPS, OR OTHER STRUCTURAL15
CHANGES TO THE HOME OR LOT ; AND16
(V)  U
SE OF PROPERTY RELATED TO PARKING OF VEHICLES AND USE17
OF VEHICLES.18
(2)  A
 LANDLORD WHO IS SELLING OR TRANSFERRING A MOBILE19
HOME PARK SHALL MAINTAIN ALL RECORDS RELATED TO COMPLIANCE20
WITH SECTION 38-12-217 FOR A MINIMUM OF FORTY-EIGHT MONTHS AFTER21
ANY SALE OR TRANSFER OF A MOBILE HOME PARK IS COMPLETE , INCLUDING22
BUT NOT LIMITED TO:23
(a)  N
OTICES MAILED OR GIVEN TO HOME OWNERS PURSUANT TO24
SECTION 38-12-217 (1) AND (2);25
(b)  P
OSTINGS PURSUANT TO SECTION 38-12-217 (1)(c), INCLUDING26
ANY FORMS FOR HOME OWNERS TO PROVIDE NOTICE THAT THEY DO NOT27
HB22-1287
-43- WISH TO PARTICIPATE IN EFFORTS TO PURCHASE THE COMMUNITY ;1
(c)  S
IGNED WRITINGS PROVIDED BY HOME OWNERS TO THE PARK2
OWNER DECLINING TO PARTICIPATE IN PURCHASING THE PARK PURSUANT3
TO SECTION 38-12-217 (1)(c);4
(d)  O
FFERS TO PURCHASE AND PROPOSED PURCHASE AND SALE5
AGREEMENTS SUBMITTED TO THE LANDLORD BY A GROUP OR ASSOCIATION6
OF HOME OWNERS OR THEIR ASSIGNEES PURSUANT TO SECTION 38-12-2177
(4);8
(e)  R
EQUESTS FOR INFORMATION FROM A GROUP OR ASSOCIATION9
OF HOME OWNERS OR THEIR ASSIGNEES PARTICIPATING IN THE10
OPPORTUNITY TO PURCHASE AND THE LANDLORD 'S RESPONSES TO THE11
REQUESTS FOR INFORMATION PURSUANT TO SECTION 38-12-217 (5)(a);12
AND13
(f)  O
FFERS TO PURCHASE AND ANY CONDITIONAL AND14
UNCONDITIONAL PURCHASE AND SALE AGREEMENTS SUBMITTED BY THE15
SUCCESSFUL PURCHASER OF THE MOBILE HOME PARK .16
(3)  U
PON THE SALE OR TRANSFER OF A MOBILE HOME PARK , THE17
SELLER MUST TRANSFER ALL RECORDS MAINTAINED UNDER SUBSECTION18
(1)
 OF THIS SECTION TO THE NEW OWNER.19
(4)  I
F AN ISSUE ARISES AS TO A RESIDENT'S RIGHT TO ANY OF THE20
MATTERS DESCRIBED IN SUBSECTION (1)(c) OR (2) OF THIS SECTION AND21
THE LANDLORD HAS NOT RETAINED ADEQUATE RECORDS FOR THAT22
RESIDENT, THE LANDLORD SHALL BE PRESUMED TO HAVE VIOLATED THIS23
PART 2 UNLESS THE LANDLORD DEMONSTRATES COMPLIANCE BY A24
PREPONDERANCE OF THE EVIDENCE .25
(5)  T
HE DIVISION MAY PROMULGATE RULES CONCERNING THE26
IMPLEMENTATION OF THIS SECTION , INCLUDING REQUIREMENTS27
HB22-1287
-44- CONCERNING:1
(a)  H
OW A PERSON MAY ACCESS OR OBTAIN COPIES OF RECORDS2
RETAINED PURSUANT TO THIS SECTION AND ANY RESTRICTIONS ON WHO3
MAY ACCESS RECORDS RETAINED PURSUANT TO THIS SECTION ;4
(b)  W
HAT FEES OR COSTS, IF ANY, MAY BE IMPOSED FOR OBTAINING5
COPIES OF RECORDS RETAINED PURSUANT TO THIS SECTION ;6
(c)  C
ONFIDENTIALITY PROTECTIONS FOR PERSONALLY IDENTIFYING7
INFORMATION INCLUDED IN RECORDS RETAINED PURSUANT TO THIS8
SECTION;9
(d)  S
ECURE DESTRUCTION OF RECORDS ONCE THE PERIOD OF10
RETENTION HAS PASSED; AND11
(e)  P
ENALTIES FOR VIOLATIONS OF THIS SECTION.12
(6)  I
F A LANDLORD, FORMER LANDLORD, OR A LANDLORD OR13
FORMER LANDLORD'S MANAGEMENT VIOLATES THIS SECTION , A HOME14
OWNER OR RESIDENT MAY FILE A COMPLAINT PURSUANT TO SECTION15
38-12-1105.16
SECTION 21. In Colorado Revised Statutes, 38-12-1102, amend17
(1)(c) and (2); and add (1)(d) as follows:18
38-12-1102.  Legislative declaration. (1)  The general assembly19
hereby finds and declares that:20
(c)  Taking legal action against a mobile home park landlord for21
violations of the "Mobile Home Park Act" can be a costly and lengthy22
process 
THAT IS NOT TIMELY ENOUGH TO PREVENT SIGNIFICANT HARM , and23
many mobile home owners 
AND RESIDENTS cannot afford to pursue a24
court process to vindicate statutory rights. Mobile home park landlords25
will also benefit by having access to a process that resolves disputes26
quickly and efficiently.27
HB22-1287
-45- (d)  CERTAIN ACTIONS BY MOBILE HOME PARK LANDLORDS MAY1
CAUSE IMMINENT HARM TO MOBILE HOME PARK RESIDENTS .2
(2)  Therefore, it is the intent of the general assembly to provide3
an equitable as well as a less costly and more 
TIMELY AND efficient way4
for mobile home owners, 
MOBILE HOME PARK RESIDENTS , and mobile5
home park landlords to resolve disputes; and
 to provide a mechanism for6
state authorities to quickly locate mobile home park landlords; 
AND TO7
GRANT THE DIVISION OF HOUSING THE AUTHORITY TO ISSUE CEASE AND8
DESIST ORDERS TO STOP ACTIONS BY LANDLORDS THAT POSE THE9
POTENTIAL FOR IMMINENT HARM .10
SECTION 22. In Colorado Revised Statutes, 38-12-1103, amend11
(2) and (7); and add (8) as follows:12
38-12-1103.  Definitions. As used in this part 11, unless the13
context otherwise requires:14
(2) (a)  "Complainant" means a landlord, or
 home owner, OR15
GROUP OF HOME OWNERS who has filed a complaint alleging a violation16
of the act, 
THIS PART 11, OR A RULE or the complainant's agent, employee,17
or representative authorized to act on the complainant's behalf.18
(b)  O
N AND AFTER JULY 1, 2024, OR EARLIER IF ALLOWED BY THE19
DIVISION, "COMPLAINANT" ALSO INCLUDES A RESIDENT , LOCAL20
GOVERNMENT, OR NONPROFIT WHO HAS FILED A COMPLAINT ALLEGING A21
VIOLATION OF THE ACT, THIS PART 11, OR A RULE.22
(7)  "Respondent" means a landlord, 
FORMER LANDLORD, or home23
owner alleged to have committed a violation of the act, 
THIS PART 11, OR24
A RULE or the respondent's agent, employee, or representative authorized25
to act on the respondent's behalf.26
(8)  "R
ULE" MEANS A RULE PROMULGATED BY THE DIVISION27
HB22-1287
-46- PURSUANT TO THE ACT OR THIS PART 11.1
SECTION 23. In Colorado Revised Statutes, 38-12-1104, amend2
(2)(a) and (2)(h); and add (4) as follows:3
38-12-1104.  Dispute resolution program - creation - division4
of housing - duties - report - rules. (2)  The division shall:5
(a)  Produce educational materials regarding the act and the6
program. These materials must be in both English and Spanish and must7
include a notice in a format that a landlord can reasonably post in a8
mobile home park. The notice must summarize home owner 
AND9
RESIDENT rights and responsibilities UNDER THE ACT AND THIS PART 11,10
provide information on how to file a complaint with the division, describe11
the protections afforded home owners
 under section 38-12-1105 (13), and12
provide a toll-free telephone number and website that landlords, and13
home owners, 
AND RESIDENTS can use to seek additional information and14
communicate complaints specific to the program;15
(h)  Receive complaints and perform dispute resolution 
AND16
ENFORCEMENT activities related to the program, including investigations,17
negotiations, 
COMMUNICATIONS, determinations of violations, AWARDS OF18
DAMAGES, and imposition of penalties as described in section19
38-12-1105; 20
(4)  T
HE ATTORNEY GENERAL MAY , AT THE ATTORNEY GENERAL'S21
DISCRETION, INVESTIGATE AND ENFORCE COMPLIANCE WITH THE ACT AND22
THIS PART 11.23
SECTION 24. In Colorado Revised Statutes, 38-12-1105, amend24
(1), (2), (3)(a), (4), (7)(a)(II), (7)(a)(III), (7)(b), (10), (12), and (13); and25
add (3)(c), (6.5), and (15) as follows:26
38-12-1105.  Dispute resolution program - complaint process.27
HB22-1287
-47- (1) (a)  Beginning on June 30, 2020, Any aggrieved party may file a1
complaint with the division 
ON A FORM PRESCRIBED BY THE DIVISION2
alleging a violation of the act, or
 this part 11, OR A RULE, regardless of3
whether the provision allegedly violated contains a specific reference to4
this section.5
(b)  N
O LATER THAN JULY 1, 2023, THE DIVISION SHALL PROVIDE A6
SIMPLIFIED FORM FOR FILING A COMPLAINT THAT INVOLVES ONLY A7
RECENT DOCUMENTED COMMUNICATION OR ACTION BY A LANDLORD THAT8
IS SUPPORTED BY EVIDENCE AND IS ALLEGED TO VIOLATE THE ACT , THIS9
PART 11, OR A RULE AND THAT IS LIKELY, WITHIN NINETY DAYS, TO AFFECT10
MULTIPLE HOME OWNERS IN A MOBILE HOME PARK . THE SIMPLIFIED FORM11
MUST REQUIRE THE COMPLAINANT 'S CONTACT INFORMATION, A COPY OF12
THE EVIDENCE DOCUMENTING THE COMMUNICATION OR ACTION , THE13
NAME OF THE PARK, THE PHYSICAL OR MAILING ADDRESS OF THE PARK ,14
AND ANY OTHER SUPPORTING DOCUMENTATION .15
(2) (a)  After receiving a complaint under this part 11, the division16
shall investigate the alleged violations at the division's discretion. and,
17
T
HE DIVISION MAY, if appropriate, facilitate negotiations between the18
complainant and the respondent. T
HE DIVISION MAY ON ITS OWN19
INITIATIVE INVESTIGATE POTENTIAL VIOLATIONS OF THE ACT , THIS PART20
11,
 OR A RULE WHEN IT RECEIVES EVIDENCE OF A POTENTIAL VIOLATION21
FROM A SOURCE OTHER THAN A FILED COMPLAINT AND MAY MAKE22
DETERMINATIONS AND TAKE ENFORCEME NT ACTIONS PURSUANT TO THIS23
SECTION FOLLOWING SUCH AN INVESTIGATION .24
(b)  I
F A COMPLAINT OR INVESTIGATION CONCERNS ONLY A25
DOCUMENTED COMMUNICATION OR ACTION BY A LANDLORD THAT IS26
ALLEGED TO VIOLATE THE ACT , THIS PART 11, OR A RULE AND THAT IS27
HB22-1287
-48- LIKELY TO AFFECT MULTIPLE HOME OWNERS IN A MOBILE HOME PARK1
WITHIN NINETY DAYS, NOTWITHSTANDING ANY OTHER PROVISION OF THIS2
SECTION:3
(I)  T
HE DIVISION SHALL PROMPTLY EVALUATE THE EVIDENCE4
SUBMITTED TO DETERMINE WHETHER IT IS MORE LIKELY THAN NOT THAT5
THE COMMUNICATION OR ACTION VIOLATES OR WILL LEAD TO A VIOLATION6
OF THE ACT, THIS PART 11, OR A RULE;7
(II)  I
F THE DIVISION DETERMINES THAT IT IS MORE LIKELY THAN8
NOT THAT THE COMMUNICATION OR ACTION VIOLATES OR WILL LEAD TO9
A VIOLATION OF THE ACT, THIS PART 11, OR A RULE, THE DIVISION SHALL10
PROMPTLY NOTIFY THE LANDLORD AND ANY KNOWN MOBILE HOME PARK11
MANAGERS OR AGENTS THAT THEY ARE OR WILL SOON BE IN VIOLATION OF12
THE ACT, THIS PART 11, OR A RULE. THE DIVISION MAY ISSUE A CEASE AND13
DESIST ORDER PURSUANT TO SUBSECTION (6.5) OF THIS SECTION.14
(III)  I
F THE DIVISION DOES NOT DETERMINE THAT THE15
COMMUNICATION OR ACTION VIOLATES OR WILL LEAD TO A VIOLATION OF16
THE ACT, THIS PART 11, OR A RULE OR IS UNABLE TO MAKE A17
DETERMINATION ON THE INFORMATION IN ITS POSSESSION , THE DIVISION18
MAY, IN ITS DISCRETION, ISSUE A WRITTEN NOTICE OF NONVIOLATION19
PURSUANT TO SUBSECTION (4) OF THIS SECTION OR CONTINUE TO20
INVESTIGATE THE COMPLAINT OR POTENTIAL VIOLATION PURSUANT TO21
THIS SECTION.22
(3) (a)  Complainants and respondents shall cooperate with the23
division in the course of an investigation by responding to subpoenas24
issued by the division. The subpoenas may 
COMPEL TESTIMONY, TAKE25
EVIDENCE, OR seek access to papers or other documents and provide site26
access to the mobile home parks relevant to the investigation.27
HB22-1287
-49- Complainants and respondents must respond to the division's subpoenas1
within fourteen days of the division sending the subpoenas by certified2
mail.3
(c)  I
F A COMPLAINANT OR RESPONDENT FAILS TO RESP OND TO A4
SUBPOENA WITHIN THE TIME REQUIRED BY SUBSECTION (3)(a) OF THIS5
SECTION, THE DIVISION MAY IMPOSE A PENALTY OF UP TO FIVE THOUSAND6
DOLLARS PER VIOLATION PER DAY FOR EACH DAY THE COMPLAINANT OR7
RESPONDENT FAILS TO RESPOND . THE DIVISION MAY DELAY OR DISMISS8
THE IMPOSITION OF THE PENALTY IF THE COMPLAINANT OR RESPONDENT9
MAKES A GOOD-FAITH EFFORT TO COMPLY WITHIN SEVEN DAYS .10
(4) (a)  If, after an investigation, the division determines that the11
parties are unable to come to an agreement 
OR THAT FACILITATING12
NEGOTIATIONS BETWEEN THE PARTIES IS NOT APPROPRIATE TO RESOLVE13
THE ALLEGED VIOLATION, the division shall make a written determination14
on whether a violation of the act, 
THIS PART 11, OR A RULE has occurred.15
(b)  If the division finds by a written determination that a violation16
of the act, 
THIS PART 11, OR A RULE has occurred, the division shall17
deliver a written notice of violation by certified mail to both the18
complainant and the respondent. The notice of violation must specify the19
basis for the division's determination, the violation, the action required to20
cure the violation, the time within which that action must be taken, the21
penalties that will be imposed if that action is not taken within the22
specified time period, and the process for contesting the determination,23
required action, and penalties by means of an administrative hearing.24
(c)  If the division finds by a written determination that a violation25
of the act, 
THIS PART 11, OR A RULE has not occurred, the division shall26
deliver a written notice of nonviolation to both the complainant and the27
HB22-1287
-50- respondent by certified mail. The notice of nonviolation must include the1
basis for the division's determination and the process for contesting the2
determination included in the notice of nonviolation by means of an3
administrative hearing.4
(6.5) (a)  W
HENEVER THE DIVISION HAS REASONABLE CAUSE TO5
BELIEVE THAT A VIOLATION OF THE ACT , THIS PART 11, OR A RULE HAS6
OCCURRED OR WILL SOON OCCUR , AND THAT IMMEDIATE ENFORCEMENT7
IS NECESSARY, THE DIVISION MAY IMMEDIATELY ISSUE A CEASE AND8
DESIST ORDER. A WRITTEN DETERMINATION AND NOTICE OF VIOLATION IS9
NOT REQUIRED WHEN THE DIVISION ISSUES A CEASE AND DESIST ORDER10
PURSUANT TO THIS SUBSECTION (6.5). THE ORDER MUST SET FORTH THE11
PROVISIONS ALLEGED TO HAVE BEEN VIOLATED , THE FACTS ALLEGED TO12
HAVE CONSTITUTED THE VIOLATION , AND THE REQUIREMENT THAT ALL13
ACTIONS IMMEDIATELY CEASE .14
(b)  W
ITHIN FIFTEEN BUSINESS DAYS AFTER SERVICE OF THE ORDER,15
THE PERSON RECEIVING THE ORDER MAY REQUEST AN ADMINISTRATIVE16
HEARING PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION TO17
DETERMINE WHETHER OR NOT THE ALLEGED VIOLATION HAS OCCURRED .18
(c)  I
F A PERSON WHO IS THE SUBJECT OF AN ORDER TO CEASE AND19
DESIST FAILS TO COMPLY WITH THE ORDER WITHIN FORTY -EIGHT HOURS,20
THE DIVISION MAY BRING AN ACTION IN CIVIL COURT FOR A TEMPORARY21
RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT FURTHER22
OR CONTINUED VIOLATION OF THE ACT, THIS PART 11, OR A RULE. A COURT23
SHALL NOT STAY AN ORDER TO CEASE AND DESIST UNTIL AFTER HOLDING24
A HEARING INVOLVING BOTH PARTIES ON THE MATTER .25
(7) (a)  A complainant or respondent may request an administrative26
hearing before an administrative law judge to contest:27
HB22-1287
-51- (II)  A penalty imposed under subsection (3) OR (5) of this section;1
or2
(III)  An order to cease and desist or an order to take actions under3
subsection (6) 
OR (6.5) of this section.4
(b)  If the complainant or respondent requests an administrative5
hearing pursuant to subsection (7)(a) of this section, the complainant or6
respondent must file the request within fifteen business days of receipt
7
AFTER SERVICE of a notice of violation, notice of nonviolation penalty,8
order, or action. If an administrative hearing is not requested within this9
time period, the notice of violation, or notice of nonviolation, OR CEASE10
AND DESIST ORDER constitutes a final agency order of the division and is11
not subject to review by any court or agency.12
(10)  When the division imposes any penalty against a respondent13
landlord under this part 11, the respondent may not seek any recovery or14
reimbursement of the penalty from a complainant or from any other home15
owner 
OR RESIDENT.16
(12)  This section does not provide an exclusive remedy and does17
not limit the right of landlords, or
 home owners, OR RESIDENTS to take18
legal action against another party as provided in the act or otherwise.19
Exhaustion of the administrative remedy provided in this section is not20
required before a landlord, or home owner, OR RESIDENT may bring a21
legal action.22
(13)  A landlord may SHALL not take any retaliatory actions against23
a home owner 
OR RESIDENT FOR FILING A COMPLAINT AND SHALL NOT24
HARASS OR INTIMIDATE A HOME OWNER OR RESIDENT IN VIOLATION OF25
SECTION 38-12-212.5 (4.5). If the division determines that a landlord has26
retaliated against a home owner 
OR RESIDENT OR VIOLATED SECTION27
HB22-1287
-52- 38-12-212.5 (4.5), the division may impose a fine of up to ten thousand1
dollars on the landlord.2
(15)  T
HE DIVISION SHALL TAKE ALL REASONABLE STEPS TO AVOID3
DISCLOSING THE COMPLAINANT'S IDENTITY TO THE LANDLORD DURING OR4
AFTER THE INVESTIGATION WITHOUT THE COMPLAINANT 'S PERMISSION IF5
A COMPLAINT ALLEGES A VIOLATION THAT IS OF A GENERAL NATURE6
AFFECTING MULTIPLE HOME OWNERS OR RESIDENTS , INCLUDING BUT NOT7
LIMITED TO A COMPLAINT ALLEGING THAT A LANDLORD 'S RULES OR RULE8
ENFORCEMENT PRACTICES VIOLATE THE ACT , THIS PART 11, OR A RULE9
AND THE DIVISION CAN ADEQUATELY INVESTIGATE THE COMPLAINT10
WITHOUT REVEALING THE COMPLAINANT 'S IDENTITY. A PERSON SHALL11
NOT OBTAIN ACCESS TO THE RECORD THROUGH SUBPOENA , DISCOVERY, OR12
UNDER ANY STATUTORY AUTHORITY . THIS SUBSECTION (15) DOES NOT13
PROHIBIT THE DIVISION FROM REQUIRING OR KNOWING THE IDENTITY OF14
A COMPLAINANT.15
SECTION 25. In Colorado Revised Statutes, 38-12-1106, amend16
(2)(d), (2)(e), (7)(d), (7)(e), and (8); and add (7)(f) as follows:17
38-12-1106.  Registration of mobile home parks - process - fees.18
(2)  The division shall send registration notifications and information19
packets to all known landlords of unregistered mobile home parks. These20
information packets must include:21
(d)  Registration assessment information, including registration22
due dates and late fees, and the collections procedures, liens, and23
charging costs to home owners 
OR RESIDENTS; and24
(e)  A description of the protections afforded home owners 
AND25
RESIDENTS under section 38-12-1105 (13).26
(7)  The registration forms provided by the division must require27
HB22-1287
-53- information necessary to assist the division in identifying and locating a1
mobile home park and other information that may be useful to the state2
including, at a minimum:3
(d)  The number of mobile homes within the mobile home park;4
and5
(e)  The 
PHYSICAL address of each mobile home within the mobile6
home park 
AND THE MAILING ADDRESS OF THE HOME OWNER , IF THE7
LANDLORD HAS A DIFFERENT MAILING ADDRESS ON FILE FOR THE HOME8
OWNER; AND9
(f)  T
HE DATE AND AMOUNT OF THE MOST RECENT RENT INCREASE10
FOR EACH MOBILE HOME LOT AND EACH MOBILE HOME IN THE PARK .11
(8)  For the 2020 calendar year, the division shall charge each
12
landlord a twenty-four dollar registration fee for each mobile home13
independently owned on rented land within the landlord's mobile home14
park. Each year thereafter, The division shall establish by rule a fee that15
each landlord shall pay to the division as an annual registration fee for16
each mobile home independently owned on rented land within the17
landlord's mobile home park. A landlord may charge a home owner not18
more than half of the fee. The registration fee for each mobile home must19
be deposited into the fund. The division shall review the annual20
registration fee and, if necessary, adjust the annual registration fee21
through rule-making to ensure it continues to reasonably relate to the cost22
of administering the program.23
SECTION 26. Safety clause. The general assembly hereby finds,24
determines, and declares that this act is necessary for the immediate25
preservation of the public peace, health, or safety.26
HB22-1287
-54-