Second Regular Session
Seventy-third General Assembly
STATE OF COLORADO
ENGROSSED
This Version Includes All Amendments Adopted
on Second Reading in the House of Introduction
LLS NO. 22-0103.01 Megan Waples x4348
HOUSE BILL 22-1287
House Committees Senate Committees
Transportation & Local Government
Appropriations
A BILL FOR AN ACT
C
ONCERNING PROTECTIONS FOR MOBILE HOME PARK
RESIDENTS, AND,101
IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102
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
HOUSE
Amended 2nd Reading
April 22, 2022
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
Winter, Coleman, Lee, Story
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. attend up to 2 public meetings for residents of the park
each year at the request of the residents;
! 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;
1287
-2- ! Prohibit landlords from harassing or coercing mobile home
owners in an effort to require a mobile owner to sign an
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
1287-3- relationship between the owner of a mobile home park, and the owner of1
a mobile home situated in such park,
AND RESIDENTS IN THE PARK.2
SECTION 3. In Colorado Revised Statutes, 38-12-201.5, amend3
(1)(e), (1)(f), and (6); and add (1)(g) and (6.5) as follows:4
38-12-201.5. Definitions. As used in this part 2 and in part 11 of5
this article 12, unless the context otherwise requires:6
(1) "Entry fee" means any fee paid to or received from an owner7
of a mobile home park or an agent thereof except for:8
(e) Incidental reasonable charges for services actually performed9
by the mobile home park owner or the mobile home park owner's agent10
and agreed to in writing by the home owner; and
11
(f) Late fees;
AND12
(g) M
EMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER13
COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS14
QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE15
"C
OLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS16
TITLE 38.17
(6) "Mobile home park" or "park" means a parcel of land used for18
the continuous accommodation of five or more occupied mobile homes19
and operated for the pecuniary benefit of the owner of the parcel of land20
or the owner's agents, lessees, or assignees. "Mobile home park" does not21
include mobile home subdivisions or property zoned for manufactured22
home subdivisions. F
OR PURPOSES OF THIS DEFINITION, THE PARCEL OF23
LAND COMPRISING THE MOBILE HOME PARK DOES NOT NEED TO BE24
CONTIGUOUS, BUT MUST BE IN THE SAME NEIGHBORHOOD AS DETERMINED25
BY THE DIVISION.26
(6.5) "M
OBILE HOME SUBDIVISION" OR "MANUFACTURED HOME27
1287
-4- SUBDIVISION" MEANS ANY PARCEL OF LAND THAT IS DIVIDED INTO TWO OR1
MORE PARCELS, SEPARATE INTERESTS, OR INTERESTS IN COMMON, WHERE2
EACH PARCEL OR INTEREST IS OWNED BY AN INDIVIDUAL OR ENTITY WHO3
OWNS BOTH A MOBILE HOME AND THE LAND UNDERNEATH THE MOBILE4
HOME; EXCEPT THAT A PARCEL IS NOT A "MOBILE HOME SUBDIVISION" OR5
"
MANUFACTURED HOME SUBDIVISION " WHEN THE SAME OWNER OWNS A6
PARCEL OR SUBDIVIDED PARCELS OR INTERESTS THAT ARE COLLECTIVELY7
USED FOR THE CONTINUOUS ACCOMM ODATION OF FIVE OR MORE OCCUPIED8
MOBILE HOMES AND OPERATED FOR THE PECUNIARY BENEFIT OF THE9
LANDOWNER OR THEIR AGENTS , LESSEES, OR ASSIGNEES.10
SECTION 4. In Colorado Revised Statutes, 38-12-202, amend11
(1)(a) introductory portion and (1)(c)(I) as follows:12
38-12-202. Tenancy - notice to quit. (1) (a) No tenancy or other13
lease or rental occupancy of space in a mobile home park shall commence14
without a written lease or rental agreement, and no tenancy in a mobile15
home park shall be terminated until a notice to quit
OR NOTICE OF16
NONPAYMENT OF RENT has been served. Said
A notice to quit shall be in17
writing and in the form specified in section 13-40-107 (2). C.R.S. The18
property description required in section 13-40-107 (2) C.R.S., shall be19
deemed IS legally sufficient if it states:20
(c) (I) Except as otherwise provided in
SECTION 38-12-204 (1) OR21
subsections (1)(c)(II) and (3) of this section, the management shall give22
a home owner at least ninety days after the date the notice is served or23
posted to sell the mobile home or remove it from the premises.24
SECTION 5. In Colorado Revised Statutes, 38-12-203, amend25
(1)(d)(II); and add (3) as follows:26
38-12-203. Reasons for termination. (1) The management of a27
1287
-5- mobile home park may terminate a tenancy only for one or more of the1
following reasons:2
(d) (II) If a landlord wants to change the use of a mobile home3
park, and the change of use has been approved by the local or state4
authority or does not require approval, and the change of use would result5
in the eviction of inhabited mobile homes, the landlord shall give the6
owner of each mobile home that is subject to the eviction a written notice7
of the landlord's intent to evict not less than twelve months before the8
change of use of the land, which notice must be mailed to each home9
owner. T
HE NOTICE MUST ADVISE THE HOME OWNER OF THE HOME10
OWNER'S RIGHT TO COMPENSATION PURSUANT TO SUBSECTION (3) OF THIS11
SECTION.12
(3) A
LANDLORD SHALL NOT M AKE ANY ORAL OR WRITTEN13
STATEMENT THREATENING EVICTION FOR A VIOLATION OR ACTION THAT14
IS NOT GROUNDS FOR TERMINATING A TENANCY UNDER SUBSECTION (1) OF15
THIS SECTION. A HOME OWNER MAY FILE A COMPLAINT PURSUANT TO16
SECTION 38-12-1105 OR A CIVIL ACTION PURSUANT TO SECTION 38-12-22017
FOR A VIOLATION OF THIS SUBSECTION (3). IF THE COURT DETERMINES18
THAT THE LANDLORD VIOLATED THIS SUBSECTION (3), THE COURT SHALL19
AWARD A STATUTORY PENALTY OF UP TO TWENTY THOUSAND DOLLARS TO20
THE PLAINTIFF IN ADDITION TO ANY OTHER REMEDIES AUTHORIZED BY21
SECTION 38-12-220.22
SECTION 6. In Colorado Revised Statutes, add 38-12-203.5 as23
follows:24
38-12-203.5. Change in use of the park - remedies for home25
owners - definitions. (1) A
S USED IN THIS SECTION, UNLESS THE26
CONTEXT OTHERWISE REQUIRES :27
1287
-6- (a) "IN-PLACE FAIR MARKET VALUE " MEANS THE FAIR MARKET1
VALUE OF THE MOBILE HOME AND ANY ATTACHED APPURTENANCES AND2
STRUCTURES ON THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES ,3
DECKS, SKIRTING, AWNINGS, AND SHEDS, TAKING INTO ACCOUNT THE4
ACTUAL COST OF ALL IMPROVEMENTS MADE TO THE MOBILE HOME BY THE5
HOME OWNER. FAIR MARKET VALUE IS DETERMINED BASED ON THE VALUE6
OF THE MOBILE HOME IN ITS CURRENT LOCATION PRIOR TO THE DECISION7
TO CHANGE THE USE OF THE PARK.8
(b) "R
ELOCATION COSTS" INCLUDES:9
(I) A
NY REASONABLE COSTS INCURRED TO MOVE THE MOBILE10
HOME, FURNITURE, AND PERSONAL BELONGINGS THEREIN TO A11
REPLACEMENT SITE;12
(II) T
HE REASONABLE COST OF DISASSEMBLING , MOVING, AND13
REASSEMBLING ANY ATTACHED APPURTENANCES AND STRUCTURES ON14
THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES , DECKS,15
SKIRTING, AWNINGS, AND SHEDS, WHICH WERE NOT ACQUIRED BY THE16
LANDLORD;17
(III) T
HE COSTS OF ANCHORING THE UNIT;18
(IV) T
HE COSTS OF CONNECTING OR DISCONNECTING THE MOBILE19
HOME TO UTILITIES;20
(V) I
NSURANCE COVERAGE DURING TRANSPORT ; AND21
(VI) T
HE COST TO DISASSEMBLE AND REINSTALL ANY22
ACCESSIBILITY IMPROVEMENTS SUCH AS WHEELCHAIR RAMPS , LIFTS, AND23
GRAB BARS.24
(2) I
F A LANDLORD INTENDS TO C HANGE THE USE OF THE LAND25
COMPRISING A MOBILE HOME PARK OR PART OF A MOBILE HOME PARK AND26
THE CHANGE IN USE WOULD RESULT IN THE DISPLACEMENT OF ONE OR27
1287
-7- MORE MOBILE HOMES IN THE PARK , FOR EACH DISPLACED MOBILE HOME ,1
THE LANDLORD SHALL PROVIDE THE HOME OWNER OR HOME OWNERS ONE2
OF THE FOLLOWING AT THE HOME OWNER 'S OR HOME OWNERS' CHOOSING3
WITHIN THIRTY DAYS OF RECEIVING A WRITTEN DEMAND BY THE HOME4
OWNER OR HOME OWNERS :5
(a) P
AYMENT OF RELOCATION COSTS TO RELOCATE THE MOBILE6
HOME TO A LOCATION OF THE HOME OWNER 'S CHOOSING WITHIN ONE7
HUNDRED MILES BY ROAD OF THE PARK . RELOCATION COSTS ARE8
DETERMINED BASED ON THE LOWEST ESTIMATE OBTAINED BY THE HOME9
OWNER FROM A MOBILE HOME MOVER . THE LANDLORD MAY REQUEST A10
COPY OF THE ESTIMATE TO SUPPORT THE REQUEST FOR PAYMENT OF11
RELOCATION COSTS. IF THE HOME OWNER EXERCISES THIS OPTION , THE12
HOME OWNER MUST ACTUALLY RELOCATE THE MOBILE HOME AND ALL13
PERSONAL BELONGINGS IN ACCORDANCE WITH THE ESTIMATE USED TO14
DETERMINE RELOCATION COSTS PRIOR TO THE DATE OF THE C HANGE IN USE15
SET FORTH IN THE NOTICE REQUIRED BY SECTION 38-12-203 (1)(d)(II).16
T
HE HOME OWNER IS RESPONSIBLE FOR ADDITIONAL MILEAGE COSTS TO17
MOVE THE MOBILE HOME TO A LOCATION MORE THAN ONE HUNDRED MILES18
FROM THE PARK.19
(b) S
UBMIT A BINDING OFFER TO PURCHASE THE MOBILE HOME FOR20
THE GREATER OF:21
(I) S
EVEN THOUSAND FIVE HUNDRED DOLLARS FOR A22
SINGLE-SECTION MOBILE HOME OR TEN THOUSAND DOLLARS FOR A23
MULTI-SECTION MOBILE HOME; OR24
(II) O
NE HUNDRED PERCENT OF THE IN-PLACE FAIR MARKET VALUE25
AS DETERMINED THROUGH THE APPRAISAL PROCESS SET FORTH IN THIS26
SUBSECTION (2)(b)(II). WITHIN THIRTY DAYS OF SUBMITTING THE OFFER,27
1287
-8- THE LANDLORD SHALL HIRE A LICENSED, CERTIFIED RESIDENTIAL, OR1
CERTIFIED GENERAL APPRAISER FROM THE ACTIVE APPRAISERS LIST2
PUBLISHED BY THE DIVISION OF REAL ESTATE IN THE DEPARTMENT OF3
REGULATORY AGENCIES TO CONDUCT THE APPRAISAL . IF THE HOME4
OWNER DISPUTES THE APPRAISED VALUE OF THE MOBILE HOME , THE HOME5
OWNER MAY HIRE A LICENSED, CERTIFIED RESIDENTIAL, OR CERTIFIED6
GENERAL APPRAISER FROM THE ACTIVE APPRAISERS LIST TO OBTAIN A7
SECOND APPRAISAL AT THE HOME OWNER 'S EXPENSE. TO BE CONSIDERED,8
THE HOME OWNER MUST OBTAIN THE APPRAISAL WITHIN SIXTY DAYS OF9
RECEIPT OF THE LANDLORD'S APPRAISAL. THE RESULTS OF ALL APPRAISALS10
SHALL BE PROVIDED IN WRITING BY THE APPRAISER TO BOTH LANDLORD11
AND HOME OWNER . IF A SECOND APPRAISAL IS OBTAINED , THE HOME12
OWNER IS ENTITLED TO THE AVERAGE OF THE APPRAISALS OBTAINED BY13
THE LANDLORD AND THE HOME OWNER . IF THE HOME OWNER IS NOT14
SATISFIED WITH THE APPRAISAL OR APPRAISALS RECEIVED , THE HOME15
OWNER MAY SUBMIT A REQUEST FOR PAYMENT OF RELOCATION COSTS AS16
SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION. IF THE HOME OWNER17
EXERCISES THE OPTION FOR PURCHASE UNDER THIS SUBSECTION (2)(b)(II),18
THE SALE CLOSING MUST OCCUR PRIOR TO THE DATE OF THE CHANGE IN19
USE SET FORTH IN THE NOTICE PROVIDED PURSUANT TO SECTION20
38-12-203 (1)(d)(II).21
(3) I
F AN APPRAISER CONDUCTING AN APPRAISAL PURSUANT TO22
SUBSECTION (2)(b)(II) OF THIS SECTION IDENTIFIES LACK OF23
MAINTENANCE, DEFERRED MAINTENANCE , OR DETERIORATION OF THE24
MOBILE HOME PARK BEYOND NORMAL WEAR AND TEAR THAT NEGATIVELY25
AFFECTS THE VALUE OF A MOBILE HOME , THE APPRAISER SHALL26
DETERMINE THE VALUE OF THE HOME WITH AN UPWARD ADJUSTMENT IN27
1287
-9- VALUE IF NECESSARY TO ELIMINATE THE NEGATIVE EFFECT IN VALUE1
CAUSED BY THE LACK OF MAINTENANCE , DEFERRED MAINTENANCE , OR2
DETERIORATION OF THE PARK BEYOND NORMAL WEAR AND TEAR .3
(4) O
N JULY 1, 2024, AND ON JULY 1 OF EACH YEAR THEREAFTER,4
THE DEPARTMENT SHALL ADJUST THE AMOUNT SPECIFIED IN SUBSECTION5
(2)(b)(I)
OF THIS SECTION IN ACCORDANCE WITH THE PERCENTAGE6
CHANGE FOR THE PREVIOUS TWELVE MONTHS AT THE TIME OF THE7
CALCULATION IN THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF8
LABOR STATISTICS , CONSUMER PRICE INDEX FOR9
D
ENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN10
CONSUMERS, OR ITS SUCCESSOR INDEX. THE DEPARTMENT SHALL PUBLISH11
THE ADJUSTED AMOUNT ON THE DEPARTMENT 'S WEBSITE.12
(5) A
HOME OWNER IS ENTITLED TO THE REMEDIES PROVIDED13
UNDER THIS SECTION ONLY IF THE HOME OWNER HAS NOT GIVEN NOTICE14
TO TERMINATE THE HOME OWNER 'S LEASE OR RENTAL AGREEMENT AS OF15
THE DATE OF THE NOTICE OF THE CHANGE IN USE .16
(6) A
NY AGREEMENT MADE WITH A HOME OWNER TO WAIVE ANY17
RIGHTS UNDER THIS SECTION IS INVALID AND INEFFECTIVE FOR ANY18
PURPOSE.19
SECTION 7. In Colorado Revised Statutes, 38-12-204, add
20
(4) and (5) as follows:21
38-12-204. Nonpayment of rent - notice required for rent 22
increase - limitation on rent increases - repeal. (4) A LANDLORD SHALL23
NOT INCREASE RENT ON A MOBILE HOME PARK LOT IF THE PARK :24
(a) D
OES NOT HAVE A CURRENT, ACTIVE REGISTRATION FILED WITH25
THE DIVISION OF HOUSING IN ACCORDANCE WITH SECTION 38-12-1106;26
(b) H
AS ANY UNPAID PENALTIES OWED TO THE DIVISION OF27
1287
-10- HOUSING; OR1
(c) H
AS NOT FULLY COMPLIED WITH ANY FINAL AGENCY ORDER2
ISSUED BY THE DIVISION OF HOUSING.3(5) A NOTICE OF A RENT INCREASE ISSUED IN VIOLATION OF THIS4
SECTION IS INVALID AND HAS NO FORCE AND EFFECT . 5
SECTION 8. In Colorado Revised Statutes, amend 38-12-206 as6
follows:7
38-12-206. Home owner meetings - assembly in common areas8
- meeting hosted by landlord. (1) Home owners shall have the right to9
meet and establish a homeowners' association. Meetings of home owners10
or the homeowners' association relating to mobile home living and affairs11
in their park common area, community hall, or recreation hall, if such a12
facility or similar facility exists, shall not be subject to prohibition by the13
park management if the common area or hall is reserved according to the14
park rules and such meetings are held at reasonable hours and when the15
facility is not otherwise in use; except that no such meetings shall be held16
in the streets or thoroughfares of the mobile home park.17
(2) T
HE MANAGEMENT SHALL NOT CHARGE HOME OWNERS OR18
RESIDENTS A FEE TO MEET IN COMMON BUILDINGS OR SPACES IN THE PARK ,19
INCLUDING ANY COMMON AREA , COMMUNITY HALL, OR RECREATION HALL;20
EXCEPT THAT THE MANAGEMENT MAY CHARGE FOR THE REASONABLE21
COSTS OF CLEANING OR REPAIRING ACTUAL DAMAGES INCURRED . THE22
MANAGEMENT MAY RECUPERATE THE COST OF REPAIRS FOR ACTUAL23
DAMAGES BEYOND NORMAL WEAR AND TEAR THAT WERE CAUSED BY A24
HOME OWNER BY RETAINING A PORTION OF A HOME OWNER 'S SECURITY25
DEPOSIT.26
(3) I
F REQUESTED BY A HOME OWNER OR RESIDENT , THE27
1287
-11- LANDLORD OF A MOBILE HOME PARK SHALL , WITHIN THIRTY DAYS OF1
RECEIVING THE REQUEST, HOST AND ATTEND A FREE, PUBLIC, ACCESSIBLE2
MEETING FOR RESIDENTS OF THE PARK; EXCEPT THAT A LANDLORD IS NOT3
REQUIRED TO HOST AND ATTEND MORE T HAN TWO MEETINGS IN A4
CALENDAR YEAR. NOTICE OF THE DATE, TIME, AND LOCATION OF THE5
MEETING MUST BE POSTED IN BOTH ENGLISH AND SPANISH IN A CLEARLY6
VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME PARK ,7
INCLUDING ANY COMMUNITY HALL OR RECREATION HALL , FOR A PERIOD8
OF SEVEN DAYS BEFORE THE MEETING AND MUST BE PROVIDED BY MAIL AT9
LEAST FOURTEEN DAYS BEFORE THE MEETING TO EACH HOME OWNERS '10
ASSOCIATION, RESIDENTS' ASSOCIATION, OR SIMILAR BODY THAT11
REPRESENTS THE RESIDENTS OF THE PARK . IN ADDITION TO MAILING THE12
NOTICE AS REQUIRED BY THIS SECTION, THE LANDLORD SHALL PROVIDE13
NOTICE OF THE MEETING BY E-MAIL TO EACH HOME OWNER AND RESIDENT14
WHO HAS AN E-MAIL ADDRESS ON FILE WITH THE LANDLORD .15
SECTION 9. In Colorado Revised Statutes, 38-12-209, repeal (3)16
and (4) as follows:17
38-12-209. Entry fees prohibited - security deposit. (3) The 18
trial judge may award court costs and attorney fees in any court action19
brought pursuant to any provision of this part 2 to the prevailing party20
upon finding that the prevailing party undertook the court action and legal21
representation for a legally sufficient reason and not for a dilatory or22
unfounded cause.23
(4) The management or a resident may bring a civil action for24
violation of the rental agreement or any provision of this part 2 in the25
appropriate court of the county in which the park is located. Either party26
may recover actual damages or the court may in its discretion award such27
1287
-12- equitable relief as it deems necessary, including the enjoining of either1
party from further violations.2
SECTION 10. In Colorado Revised Statutes, 38-12-211, amend3
(1) as follows:4
38-12-211. Selling and transfer fees prohibited - "for sale"5
signs permitted. (1) Neither the owner of a mobile home park nor the6
owner's agent may A LANDLORD SHALL NOT require payment of any type7
of selling fee or transfer fee by either a home owner in the park wishing8
to sell the home owner's mobile home to another party,
A HOME OWNER9
WISHING TO REMOVE THE HOME OWNER 'S MOBILE HOME FROM THE PARK,10
or by
any party wishing to buy a mobile home from a home owner in the11
park as a condition of tenancy in a park for the prospective buyer. T
HIS12
SUBSECTION (1) DOES NOT PROHIBIT THE LANDLORD FROM CHARGING A13
RENTAL APPLICATION FEE THAT COMPLIES WITH SECTION 38-12-903 IF THE14
PROSPECTIVE BUYER IS BUYING THE MOBILE HOME IN PLACE AND IS15
APPLYING FOR TENANCY IN THE PARK .16
SECTION 11. In Colorado Revised Statutes, 38-12-212.3,17
amend (1)(b) introductory portion, (1)(b)(II), (3), (4)(b),
and (5) as18
follows:19
38-12-212.3. Responsibilities of landlord - acts prohibited.20
(1) (b) If a landlord fails to maintain or repair the items described in21
subsection (1)(a)(II)
OR (2)(b) of this section:22
(II) The landlord is responsible for and shall pay the cost of23
providing alternative sources of potable water and maintaining portable24
toilets, which portable toilets are located reasonably near affected mobile25
homes in a manner that renders them accessible to people with26
disabilities, no later than twenty-four
TWELVE hours after the service27
1287
-13- disruption begins, unless conditions beyond the landlord's control prevent1
compliance with this subsection (1)(b)(II); and2
(3) A landlord shall not require a resident to assume any of the3
responsibilities described in subsection (1) or (2) of this section as a4
condition of any home owner's tenancy in the park.5
(4) Nothing in this section may be construed as:6
(b) Restricting a landlord from requiring a home owner
OR7
RESIDENT to comply with rules and regulations of the park that are8
enforceable pursuant to section 38-12-214 or with terms of the rental9
agreement and any covenants binding upon the landlord or home owner10
OR RESIDENT, including covenants running with the land that pertain to11
the cleanliness of the home owner's
OR RESIDENT'S lot and routine lawn12
and yard maintenance, and excluding major landscaping projects.13
(5) A landlord shall establish and maintain an emergency contact14
number, post the number in common areas of the park, and communicate15
the number to home owners
AND RESIDENTS in each rental agreement and16
each revision of the park rules and regulations. A home owner
OR17
RESIDENT who uses the emergency contact number in a timely manner to18
report a problem with a condition described in subsection (1) or (2) of this19
section is deemed to have provided notice to the landlord of the problem.20
21
SECTION 12. In Colorado Revised Statutes, 38-12-212.4,22
amend (1) introductory portion, (1)(a), (1)(b), (2), (3), (4), (5), and (6) as23
follows:24
38-12-212.4. Required disclosure and notice of water usage25
and billing - responsibility for leaks. (1) If the management charges26
home owners
OR RESIDENTS individually for water usage in the park, then,27
1287
-14- on or before January 31 of each year, the management shall provide to1
each home owner
AND RESIDENT and post IN BOTH ENGLISH AND SPANISH2
in a clearly visible location in at least one common area of the mobile3
home park the following information:4
(a) The methodology by which the management calculates the5
amount charged to each home owner
OR RESIDENT for water usage on the6
home owner's
OR RESIDENT'S lot;7
(b) The methodology by which the management calculates the8
amount charged to each home owner
OR RESIDENT for water usage in9
common areas of the mobile home park; and10
(2) If the management charges home owners
OR RESIDENTS for11
water usage in the park, whether individually or in an aggregate amount,12
the management shall provide to each home owner
OR RESIDENT a13
monthly water bill that indicates the amount owed by the home owner
OR14
RESIDENT, the total amount owed by all the residents in the mobile home15
park, and, if the management purchases the water from a provider, the16
total amount paid by the management to the provider.17
(3) The management shall not charge a home owner
OR RESIDENT18
for any costs in addition to the actual cost of water billed to the19
management.20
(4) The management shall use a methodology that is reasonable,21
equitable, and consistent for billing home owners
OR RESIDENTS for any22
type of water usage.23
(5) If the management learns of a leak in a water line inside the24
park, the management shall notify each home owner
AND RESIDENT of the25
leak within twenty-four hours.26
(6) The management shall not bill a home owner
OR RESIDENT for27
1287
-15- any water usage that is caused by a leak in a water line inside the park.1
SECTION 13. In Colorado Revised Statutes, 38-12-212.5,2
amend (1), (2) introductory portion, (3)(a), and (5); and add (2)(e) and3
(4.5) as follows:4
38-12-212.5. Prohibition on retaliation and harassment.5
(1) The management shall not take retaliatory action against a home6
owner
OR RESIDENT who exercises any right conferred upon the home7
owner
OR RESIDENT by this part 2, part 11 of this article 12, or any other8
provision of law.9
(2) Except as described in subsection (3) of this section, in an10
action or administrative proceeding by or against a home owner
OR11
RESIDENT, the management's action is presumed to be retaliatory if, within12
the one hundred twenty days preceding the management's action, the13
home owner
OR RESIDENT:14
(e) P
ARTICIPATED IN A VOTE OR DECISION MAKING PROCESS15
CONCERNING THE OPPORTUNITY TO PURCHASE THE MOBILE HOME PARK16
PURSUANT TO SECTION 38-12-217.17
(3) The presumption of retaliatory action described in subsection18
(2) of this section does not apply to an action or administrative hearing19
where the management:20
(a) Addresses nonpayment of rent by a home owner
OR RESIDENT,21
as described in section 38-12-204; or22
(4.5) T
HE MANAGEMENT SHALL NOT :23
(a) H
ARASS, INTIMIDATE, OR THREATEN, OR ATTEMPT TO HARASS,24
INTIMIDATE, OR THREATEN, ANY PERSON FOR FILING OR ATTEMPTING TO25
FILE A COMPLAINT, JOINING OR ATTEMPTING TO JOIN AN ASSOCIATION OF26
RESIDENTS OR HOME OWNERS , ENGAGING IN ACTIVITIES TO PROMOTE THE27
1287
-16- ORGANIZING AND EDUCATION OF RESIDENTS AND HOME OWNERS , OR1
VOTING OR ATTEMPTING TO VOTE ON A MATTER BEFORE THE ASSOCIATION2
OF RESIDENTS OR HOME OWNERS ; OR3
(b) C
OERCE OR REQUIRE A PERSON TO SIGN AN AGREEMENT . 4
(5) The rights and remedies provided by this section are available5
to home owners
AND RESIDENTS in addition to the anti-retaliation6
protection provided in section 38-12-1105 (13).7
SECTION 14. In Colorado Revised Statutes, 38-12-213, amend8
(5) introductory portion; and add (5)(b.5) and (7) as follows:9
38-12-213. Rental agreement - disclosure of terms in writing10
- prohibited provisions. (5) A rental agreement may
SHALL not include11
any provision:12
(b.5) T
HAT REQUIRES A HOME OWNER TO WAIVE THE OPPORTUNITY13
TO PURCHASE THE PARK ALLOWED UNDER SECTION
38-12-217.14
(7) I
T IS A VIOLATION OF THIS PART 2 FOR THE MANAGEMENT TO15
REQUIRE A HOME OWNER TO SIGN A NEW LEASE OR AGREEMENT IN16
VIOLATION OF THIS SECTION OR TO MISLEAD A HOME OWNER ABOUT THE17
HOME OWNER'S OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT .18
SECTION 15. In Colorado Revised Statutes, 38-12-214, amend19
(1) introductory portion, (1)(e), (2), and (3)(a); and add (2.5) and (2.7) as20
follows:21
38-12-214. Rules and regulations - amendments - notice -22
complaints. (1) The management shall adopt written rules and23
regulations concerning
RESIDENTS' OR home owners' use and occupancy24
of the premises. Except as otherwise provided in this section, such rules25
and regulations are enforceable against a
RESIDENT OR home owner only26
if:27
1287
-17- (e) They are established in the rental agreement at the inception1
of the tenancy, amended subsequently with the
WRITTEN consent of the2
home owner, or, except as described in subsection (2) of this section,3
amended subsequently without the
WRITTEN consent of the home owner4
after the management has provided written notice of the amendments to5
the home owner at least sixty days before the amendments become6
effective, and, if applicable, enforced in compliance with subsection (3)7
of this section.8
(2) When a mobile home
OR ANY ACCESSORY BUILDING OR9
STRUCTURE is owned by a person other than the owner of the mobile10
home park in which the mobile home is located, the mobile home is
AND11
ACCESSORY BUILDING OR STRUCTURE ARE EACH a separate unit of12
ownership. and rules and regulations that impose THE ACCESSORY13
BUILDING OR STRUCTURE ARE EACH PRESUMED TO BE OWNED BY THE14
OWNER OF THE MOBILE HOME UNLESS THERE IS A WRITTEN AGREEMENT15
ESTABLISHING OWNERSHIP BY ANOTHER PERSON . IF A RULE OR16
REGULATION REQUIRES A HOME OWNER TO INCUR A COST OR IMPOSES17
restrictions or requirements on that separate unit that are adopted after the18
home owner signs the rental agreement and without the consent of the19
home owner are THE HOME OWNER'S RIGHT TO CONTROL WHAT HAPPENS20
IN OR TO THEIR MOBILE HOME AND ANY ACCESSORY BUILDING OR21
STRUCTURE AS A SEPARATE UNIT OF OWNERSHIP , INCLUDING WITHOUT22
LIMITATION, TO CONTROL THE STRUCTURE AND APPEARANCE OF THE23
MOBILE HOME, BUILDING, OR STRUCTURE; WHO VISITS THE MOBILE HOME,24
BUILDING, OR STRUCTURE OR WHO RESIDES IN THE MOBILE HOME ,25
BUILDING, OR STRUCTURE, PROVIDED THE PERSON WHO RESIDES IN THE26
MOBILE HOME, BUILDING, OR STRUCTURE WAS PREVIOUSLY APPROVED AS27
1287
-18- A RESIDENT OF THE PARK; AND LAWFUL ACTIVITIES TAKING PLACE IN THE1
MOBILE HOME, BUILDING, OR STRUCTURE THE RULE OR REGULATION IS2
presumed unreasonable Nothing in this subsection (2) prohibits the3
management from requiring compliance with park rules and regulations4
at the time of sale or transfer to a new owner; except that, as used in this5
subsection (2), "transfer" does not include a transfer of ownership6
pursuant to death or divorce or a transfer of ownership to a new co-owner7
pursuant to marriage PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION8
UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR REGULATION :9
(a) I
S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY10
OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE11
PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS12
REASONABLY POSSIBLE;13
(b) I
S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A14
FEDERAL, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING15
LOCAL NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER16
RESIDENTS;17
(c) I
S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT18
COERCION OR MISREPRESENTATION BY MANAGEMENT , IN WHICH CASE THE19
RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE20
COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION ;21
OR22
(d) I
N A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS23
ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN24
ACCORDANCE WITH THE ORGANIZATION 'S BYLAWS AND MORE THAN FIFTY25
PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION .26
(2.5) (a) S
UBSECTION (2) OF THIS SECTION DOES NOT PROHIBIT THE27
1287
-19- MANAGEMENT FROM REQUIRING COMPLIANCE BY A NEW HOME OWNER1
WITH PARK RULES AND REGULATIONS THAT WERE NOT ENFORCEABLE2
AGAINST THE PREVIOUS HOME OWNER AFTER THE SALE OR TRANSFER OF3
A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE AS DESCRIBED4
IN SUBSECTION (2.5)(b) OF THIS SECTION PROVIDED THAT THE RULES OR5
REGULATIONS COMPLY WITH THIS SECTION AND HAVE BEEN DULY NOTICED6
TO ALL HOME OWNERS AND RESIDENTS, INCLUDING THE SELLER, PURSUANT7
TO SUBSECTION (1)(e) OF THIS SECTION; EXCEPT THAT, AS USED IN THIS8
SUBSECTION (2.5), "TRANSFER" DOES NOT INCLUDE A TRANSFER OF9
OWNERSHIP PURSUANT TO DEATH OR DIVORCE OR A TRANSFER OF10
OWNERSHIP TO A NEW CO-OWNER WHO IS AN IMMEDIATE FAMILY MEMBER ,11
SPOUSE, OR DOMESTIC PARTNER OF THE HOME OWNER .12
(b) T
HE MANAGEMENT SHALL NOT REQUIRE A HOME OWNER13
SELLING A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE TO14
ENSURE THAT THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE15
COMPLIES WITH ANY RULES OR REGULATIONS BY THE CLOSING DATE OF16
THE SALE OR TO BEAR THE COSTS OF COMPLIANCE WITH ANY SUCH RULES17
OR REGULATIONS. IF THE MANAGEMENT REQUIRES ALL PROSPECTIVE18
BUYERS TO COMPLY WITH SUCH RULES AND REGULATIONS AS A C ONDITION19
OF GAINING TENANCY IN THE PARK, THE MANAGEMENT SHALL PROMPTLY20
PROVIDE A WRITTEN LIST OF ITEMS FOR WHICH THE MANAGEMENT21
REQUIRES ACTION TO THE SELLER UPON RECEIVING NOTICE THAT THE22
MOBILE HOME IS FOR SALE. THE SELLER SHALL PROVIDE THE LIST TO ALL23
PROSPECTIVE BUYERS AND THE M ANAGEMENT SHALL PROVIDE THE LIST TO24
THE BUYER UPON RECEIVING AN APPLICATION FOR TENANCY . THE25
MANAGEMENT SHALL ALLOW A REASONABLE AMOUNT OF TIME AFTER26
CLOSING FOR THE BUYER TO BRING THE MOBILE HOME OR ACCESSORY27
1287
-20- BUILDING OR STRUCTURE INTO COMPLIANCE , WHICH MUST BE AT LEAST1
THIRTY DAYS FROM THE CLOSING DATE .2
(2.7) (a) N
OTWITHSTANDING ANY RENTAL AGREEMENT , THE3
MANAGEMENT SHALL NOT INTERFERE WITH A HOME OWNER 'S RIGHT TO4
SELL A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE , IN PLACE5
OR OTHERWISE, TO A BUYER OF THE HOME OWNER 'S CHOOSING6
REGARDLESS OF THE AGE OF THE HOME EXCEPT AS NECESSARY FOR THE7
MANAGEMENT TO ENSURE :8
(I) C
OMPLIANCE WITH PARK-WIDE AFFORDABILITY
RESTRICTIONS,9
INCLUDING REQUIREMENTS FOR OWNER OCCUPANCY ;10
(II) T
HE FINANCIAL ABILITY OF THE HOME BUYER TO COMPLY WITH11
THE BUYER'S OBLIGATIONS AS A NEW TENANT;12
(III) C
OMPLIANCE WITH APPLICABLE LOCAL , STATE, OR FEDERAL13
LAW; AND14
(IV) T
HE ABSENCE OF A HOME BUYER 'S RELEVANT CRIMINAL15
HISTORY THAT WOULD INDICATE A REASONABLE CHANCE OF RISK TO16
OTHER RESIDENTS IN ACCORDANCE WITH SECTION 38-12-904 (1)(b).17
(b) A
PROVISION IN A RENTAL AGREEMENT THAT LIMITS OR18
RESTRICTS A HOME OWNER 'S RIGHT TO SELL A MOBILE HOME OR19
ACCESSORY BUILDING OR STRUCTURE TO A BUYER OF THE HOME OWNER 'S20
CHOOSING OTHER THAN AS ALLOWED BY THIS SUBSECTION (2.7) IS21
UNENFORCEABLE.22
(3) (a) If the management provides each home owner written23
notice of the management's intent to add or amend any written rule or24
regulation as described in subsection (1)(e) of this section, a home owner25
may file a complaint challenging the rule, regulation, or amendment26
pursuant to section 38-12-1105 within sixty days after receiving the27
1287
-21- notice. If a home owner files such a complaint, and the new or amended1
rule or regulation will increase a cost to the home owner in an amount2
that equals or exceeds ten percent of the home owner's monthly rent3
obligation under the rental agreement, the management shall not enforce4
the rule, regulation, or amendment unless and until the parties reach an5
agreement concerning the rule, regulation, or amendment or the dispute6
resolution process concludes and the division of housing within the7
department of local affairs issues a written determination, pursuant to8
section 38-12-1105 (4), that the rule, regulation, or amendment does not9
constitute a violation of this part 2 and may be enforced. Notwithstanding10
any provision of part 11 of this article 12 to the contrary, as part of the11
complaint process described in section 38-12-1105, the management has12
the burden of establishing that the rule, regulation, or amendment satisfies13
the requirements described in subsection (1) SUBSECTIONS (1) AND (2) of14
this section.15
SECTION 16. In Colorado Revised Statutes, 38-12-217, amend16
(1), (2), (3), (4)(a), (4)(b), (5) introductory portion, (5)(a), (5)(b), (6), (7),17
(8), (9), (10)(a), and (14)(a); and repeal and reenact, with amendments,18
(15) as follows:19
38-12-217. Notice of change of use - notice of sale or closure of20
park - opportunity for home owners to purchase - procedures -21
exemptions - enforcement - private right of action - definition.22
(1) Except as specified in subsection (12) of this section:23
(a) (I) A mobile home park owner LANDLORD shall notify the24
owners of all mobile homes in the park and the municipality in which the25
park is situated or, if none, the county in which the park is situated26
PROVIDE NOTICE of the park owner's LANDLORD'S intent to change the use27
1287
-22- of the land comprising the park or to sell the park WITHIN FOURTEEN DAYS1
OF A TRIGGERING EVENT DEMONSTRATING THE LANDLORD 'S INTENT TO2
SELL. THE NOTICE MUST BE GIVEN IN ACCORDANCE WITH THE3
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION.4
(II) A
TRIGGERING EVENT REQUIRING NOTICE UNDER THIS5
SUBSECTION (1)(a) INCLUDES ANY TIME THE LANDLORD :6
(A) S
IGNS A CONTRACT WITH A REAL ESTATE BROKER OR7
BROKERAGE FIRM TO LIST THE PARK FOR SALE OR TO SELL OR TRANSFER8
THE PARK;9
(B) S
IGNS A LETTER OF INTENT, OPTION TO SELL OR BUY, OR OTHER10
CONDITIONAL WRITTEN AGREEMENT WITH A POTENTIAL BUYER FOR THE11
SALE OR TRANSFER OF THE PARK, WHICH INCLUDES THE ESTIMATED PRICE,12
TERMS, AND CONDITIONS OF THE PROPOSED SALE OR TRANSFER , EVEN IF13
SUCH PRICE, TERMS, OR CONDITIONS ARE SUBJECT TO CHANGE ;14
(C) S
IGNS A CONTRACT WITH A POTENTIAL BUYER 'S REAL ESTATE15
BROKER OR BROKERAGE FIRM RELATED TO THE POTENTIAL SALE OR16
TRANSFER OF THE PARK;17
(D) A
CCEPTS AN EARNEST MONEY PROMISSORY NOTE OR DEPOSIT18
FROM A POTENTIAL BUYER FOR THE SALE OR TRANSFER OF THE PARK ;19
(E) R
ESPONDS TO A POTENTIAL BUYER'S DUE DILIGENCE REQUEST20
FOR THE PARK;21
(F) P
ROVIDES A SIGNED PROPERTY DISCLOSURE FORM FOR THE22
PARK TO A POTENTIAL BUYER;23
(G) L
ISTS THE PARK FOR SALE;24
(H) M
AKES A CONDITIONAL ACCEPTANCE OF AN OFFER FOR THE25
SALE OR TRANSFER OF THE PARK;26
(I) T
AKES ANY OTHER ACTION DEMONSTRATING AN INTENT TO27
1287
-23- SELL THE PARK; OR1
(J) R
ECEIVES A NOTICE OF ELECTION AND DEMAND OR LIS PENDENS2
RELATED TO FORECLOSURE OF THE PARK PURSUANT TO PART 1 OF ARTICLE3
38
OF THIS TITLE 38 OR A NOTICE THAT A CERTIFICATE OF LEVY HAS BEEN4
FILED RELATED TO THE PARK PURSUANT TO SECTION 13-56-101;5
(b) If a mobile home park owner intends
A LANDLORD SHALL6
PROVIDE NOTICE OF THE LANDLORD'S INTENT to change the use of the land7
comprising the mobile home park the mobile home park owner shall give8
written notice to each home owner IN ACCORDANCE WITH THE9
REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION at least twelve10
months before the change in use will occur. The mobile home park owner11
shall mail the written notice to each home owner at the home owner's12
most recent address and shall post a copy of the notice in a conspicuous13
place on the mobile home or at the main point of entry to the lot.14
(c) No earlier than thirty NINETY days after giving the notice15
required by this subsection (1), or subsection (2) SUBSECTION (1)(a) of16
this section, a mobile home park owner LANDLORD may post information17
in a public space in the mobile home park describing the method for18
providing a signed writing to the mobile home park owner related to the19
opportunity to purchase. The posting may MUST include standard forms20
CREATED BY THE DEPARTMENT OF LOCAL AFFAIRS related to the21
opportunity to purchase
AND THE RIGHTS OF MOBILE HOME PARK OWNERS22
RELATED TO THE OPPORTUNITY TO PURCHASE , including a STANDARDIZED23
form
DEVELOPED BY THE DEPARTMENT OF LOCAL AFFAIRS for providing
24
notice that a THE LANDLORD TO USE TO REQUEST THE SI GNATURES OF25
home owner does not wish OWNERS WHO DECLINE to participate in efforts26
to purchase a community. If, no earlier than thirty NINETY days after a27
1287
-24- mobile home park owner LANDLORD provides the notice required by this1
subsection (1), or subsection (2) SUBSECTION (1)(a) of this section, at least2
fifty percent of the home owners who reside in the park provide signed3
writings to the mobile home park owner expressing no interest LANDLORD4
DECLINING TO PARTICIPATE in purchasing the park, then the opportunity5
to purchase provided by subsection (4) of this section shall terminate6
TERMINATES even if the ninety-day ONE-HUNDRED-EIGHTY-DAY period7
provided for in subsection (4)(a) of this section has not yet elapsed.8
(d) A mobile home park owner LANDLORD shall not solicit or9
request a home owner's intention or a signed writing related to the10
opportunity to purchase during the initial thirty NINETY days after giving11
notice pursuant to this subsection (1). or subsection (2) SUBSECTION (1)(a)12
of this section. At no time During the time period for considering an13
opportunity to purchase,
A LANDLORD shall a mobile home park owner
14
NOT attempt to coerce, THREATEN, OR INTIMIDATE A HOME OWNER or15
provide any financial or in-kind incentives to a home owner to influence16
the homeowner's HOME OWNER'S VOTE OR decision AND SHALL NOT TAKE17
RETALIATORY ACTION AGAINST A HOME OWNER AFTER THE HOME OWNER 'S18
VOTE OR DECISION. Any complaints alleging violation of this subsection19
(1) may be resolved under part 11 of this article 12
AND SUBSECTION (15)20
OF THIS SECTION.21
(2) Notice - requirements. In addition to the notice specified in
22
subsection (1) of this section, and except as specified in subsection (12)23
of this section:24
(a) A landlord shall give notice to each home owner in the mobile25
home park upon any of the following triggering events:26
(I) The landlord lists the park for sale;27
1287
-25- (II) The landlord intends to make a final, unconditional1
acceptance of an offer for the sale or transfer of the park; or2
(III) The landlord receives:3
(A) A notice of election and demand or lis pendens related to4
foreclosure of the park pursuant to part 1 of article 38 of this title 38; or5
(B) Notice that a certificate of levy has been filed related to the6
park pursuant to section 13-56-101.7
(b) Within fourteen days after the date on which any of the events8
described in subsection (2)(a) of this section occur,9
(a) T
O PROVIDE NOTICE AS REQUIRED BY SUBSECTION (1)(a) OR10
(1)(b)
OF THIS SECTION, the landlord shall mail the notice required by this
11
section IN BOTH ENGLISH AND SPANISH by certified mail to:12
(I) Each home owner, using the most recent address of the home13
owner, and shall post a copy of the notice in a conspicuous place on the14
mobile home or at the main point of entry to the lot;15
(II) The municipality or, if the park is in an unincorporated area,16
the county within which the park is located;17
(III) The division of housing in the department of local affairs;18
and19
(IV) Each home owners' association, residents' association, or20
similar body that represents the residents of the park.21
(b) I
N ADDITION TO MAILING THE NOTICE, THE LANDLORD SHALL:22
(I) P
ROVIDE THE NOTICE IN BOTH ENGLISH AND SPANISH BY23
E-MAIL TO EACH
HOME OWNER WHO HAS AN E-MAIL ADDRESS ON FILE WITH24
THE LANDLORD; AND25
(II) P
OST THE NOTICE IN BOTH ENGLISH AND SPANISH IN A26
CLEARLY VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME27
1287
-26- PARK, INCLUDING ANY COMMUNITY HALL OR RECREATION HALL . THE1
NOTICE MUST REMAIN PUBLICLY POSTED FOR A PERIOD OF AT LEAST ONE2
HUNDRED EIGHTY DAYS FROM THE DATE IT IS POSTED OR UNTIL THE3
OPPORTUNITY TO PURCHASE HAS EXPIRED .4
(3) Contents of notice. The notice given pursuant to subsection5
(1) or (2) SUBSECTION (1)(a) of this section must include notice of home6
owners' rights
AND REMEDIES under subsections (4) to (9) of
this section.7
If the triggering event involves a
POTENTIAL sale, the notice must also8
include a description of the property to be purchased, and
the price, terms,9
and conditions of an acceptable offer the landlord has received to sell the10
mobile home park or the price or terms and conditions for which the11
landlord intends to sell the park,
AND ANY OTHER TERMS OR CONDITIONS12
WHICH, IF NOT MET, WOULD BE SUFFICIENT GROUNDS, IN THE LANDLORD'S13
DISCRETION, TO REJECT AN OFFER FROM A GROUP OF HOME OWNERS OR14
THEIR ASSIGNEES. THE PRICE, TERMS, AND CONDITIONS STATED IN THE15
NOTICE MUST BE UNIVERSAL AND APPLICABLE TO ALL POTENTIAL BUYERS ,16
AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE OF A GROUP OR17
ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES MAKING A18
SUCCESSFUL OFFER TO PURCHASE THE PARK . The information regarding19
the proposed sale and the price, terms, and conditions of an acceptable20
offer may be shared for the purposes of evaluating or obtaining financing21
for the prospective transaction, but all persons who receive the22
information shall otherwise keep it confidential if the park owner
23
LANDLORD or the park owner's LANDLORD'S agent so requests.24
(4) Offer to purchase - who may submit - time limits. (a) A25
group or association of home owners or their assignees have ninety ONE26
HUNDRED EIGHTY days after the date that the landlord mails a notice under27
1287
-27- subsection (1) or (2) REQUIRED BY SUBSECTION (1)(a) of this section to:1
(I) Submit to the landlord a proposed purchase and sale agreement2
and3
(II) obtain a binding commitment AN OFFER for any necessary4
financing or guarantees;
OR5
(II) S
UBMIT TO THE LANDLORD AN ASSIGNMENT AGREEMENT6
PURSUANT TO SUBSECTION (8) OF THIS SECTION.7
(b) Notwithstanding subsection (4)(a) of this section, if a8
foreclosure sale of the park is scheduled for less than ninety
ONE9
HUNDRED EIGHTY days after the landlord mails a notice under subsection10
(1) or (2) REQUIRED BY SUBSECTION (1)(a) of this section, the opportunity11
granted by subsection (4)(a) of this section terminates on the date of the12
foreclosure sale.13
(5) Landlord's duty to consider offer. A landlord that receives14
an offer pursuant to HAS GIVEN NOTICE AS REQUIRED BY SUBSECTION15
(1)(a)
OF this section shall: not unreasonably refuse to:
16
(a) Provide documents, data, and other information in response to17
reasonable requests for information from a group or association of home18
owners or their assignees participating in the opportunity to purchase that19
would enable them to prepare an offer. The documents, data, and other20
information provided may be shared for the purposes of evaluating or21
obtaining financing for the prospective transaction, but all persons who22
receive the information shall otherwise keep it confidential if the park23
owner LANDLORD or the park owner's LANDLORD'S agent so requests.24
(b) (I) Negotiate in good faith with a group or association of home25
owners or their assignees. or26
(II) F
OR PURPOSES OF THIS SUBSECTION (5)(b), NEGOTIATING IN27
1287
-28- GOOD FAITH INCLUDES, BUT IS NOT LIMITED TO, EVALUATING AN OFFER TO1
PURCHASE FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES2
WITHOUT CONSIDERATION OF THE TIME PERIOD FOR CLOSING, THE TYPE OF3
FINANCING OR PAYMENT METHOD, WHETHER OR NOT THE OFFER IS4
CONTINGENT ON FINANCING OR PAYMENT METHOD, OR WHETHER OR NOT5
THE OFFER IS CONTINGENT ON FINANCING, AN APPRAISAL, OR TITLE WORK,6
AND PROVIDING A WRITTEN RESPONSE WITHIN SEVEN CALENDAR DAYS OF7
RECEIVING AN OFFER FROM A GROUP OF HOME OWNERS OR THEIR8
ASSIGNEES. THE WRITTEN RESPONSE MUST ACCEPT OR REJECT THE OFFER ,9
AND IF THE OFFER IS REJECTED, MUST STATE:10
(A) T
HE CURRENT PRICE, TERMS, OR CONDITIONS OF AN11
ACCEPTABLE OFFER THAT THE LANDLORD HAS RECEIVED TO SELL THE12
MOBILE HOME PARK, IF THE PRICE, TERMS, OR CONDITIONS HAVE CHANGED13
SINCE THE LANDLORD GAVE NOTICE TO THE HOME OWNERS PURSUANT TO14
SUBSECTION (3) OF THIS SECTION; AND15
(B) A
WRITTEN EXPLANATION OF WHY THE LANDLORD IS16
REJECTING THE OFFER FROM A GROUP OF HOME OWNERS AND WHAT TERMS17
AND CONDITIONS MUST BE INCLUDED IN A SUBSEQUENT OFFER FOR THE18
LANDLORD TO POTENTIALLY ACCEPT IT .19
(III) T
HE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE20
OFFER STATED IN THE RESPONSE MUST BE UNIVERSAL AND APPLICABLE TO21
ALL POTENTIAL BUYERS, AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE22
OF A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES23
MAKING A SUCCESSFUL OFFER TO PURCHASE THE PARK .24
(6) Expiration of opportunity to purchase. (a) If the ninety-day
25
ONE-HUNDRED-EIGHTY-DAY period provided for in subsection (4)(a) of26
this section elapses and a group or association of home owners or their27
1287
-29- assignees have not submitted a proposed purchase and sale agreement or1
obtained a binding financial commitment, the group's or association's2
opportunities provided by this section terminate.3
(b) A landlord shall give a group or association of home owners4
or their assignees an additional ninety ONE HUNDRED EIGHTY days after5
the ninety-day ONE-HUNDRED-EIGHTY-DAY period provided by subsection6
(4)(a) of this section to close on the purchase of the mobile home park. 7
(7) Extension or tolling of time. (a) The ninety-day8
ONE-HUNDRED-EIGHTY-DAY periods described in subsections (4)(a) and9
(6)(b) of this section may be extended by written agreement between the10
landlord and the group or association of home owners or their assignees.11
(b) (I) T
HE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR12
ASSIGNEES ARE ENTITLED TO TOLLING OF THE TIME PERIODS DESCRIBED IN13
SUBSECTION (4)(a) AND (6)(b) OF THIS SECTION IN ANY OF THE FOLLOWING14
CIRCUMSTANCES:15
(A) I
F THERE IS A REASONABLE DELAY IN OBTAINING FINANCING16
OR A REQUIRED INSPECTION OR SURVEY OF THE LAND THAT IS OUTSIDE THE17
CONTROL OF THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR18
ASSIGNEES, THE TIME PERIOD IS TOLLED FOR THE DURATION OF THE DELAY;19
(B) I
F THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR20
ASSIGNEE FILES A NONFRIVOLOUS COMPLAINT WITH THE DEPARTMENT OF21
LOCAL AFFAIRS ALLEGING A VIOLATION OF THIS SECTION, THE TIME PERIOD22
IS TOLLED UNTIL THE DEPARTMENT OF LOCAL AFFAIRS ISSUES A WRITTEN23
NOTICE OF VIOLATION OR NOTICE OF NONVIOLATION THAT HAS BECOME A24
FINAL AGENCY ORDER DETERMINING WHETHER A VIOLATION HAS25
OCCURRED OR THE PARTIES REACH A RESOLUTION BY SIGNING A26
SETTLEMENT AGREEMENT APPROVED BY THE DEPARTMENT OF LOCAL27
1287
-30- AFFAIRS; AND1
(C) I
F THE GROUP OR ASSOCIATION OF HOME OWNERS HAS2
ATTEMPTED TO ASSIGN THEIR RIGHTS PURSUANT TO SUBSECTION (8) OF3
THIS SECTION, THE TIME PERIOD IS TOLLED FROM THE TIME THE GROUP OR4
ASSOCIATION MAKES THE OFFER OF ASSIGNMENT UNTIL THE POTENTIAL5
ASSIGNEE EITHER CONFIRMS IN WRITING THAT THE OFFER IS REJECTED OR6
A WRITTEN ASSIGNMENT CONTRACT IS EXECUTED ; EXCEPT THAT THE TIME7
PERIOD SHALL NOT BE TOLLED FOR MORE THAN NINETY DAYS PURSUANT8
TO THIS SUBSECTION (7)(b)(I)(C).9
(8) Assignment of right to purchase. (a) A group or association10
of home owners or their assignees that have the opportunity to purchase11
under subsection (4) of this section may assign their purchase right to a12
local or state
government, tribal government, housing authority, or13
nonprofit with expertise related to housing, or to
THE STATE OR an agency14
of the state, for the purpose of continuing the use of the park.15
(b) (I) I
F A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR16
ASSIGNEES COMPRISING MORE THAN FIFTY PERCENT OF HOME OWNERS IN17
A PARK CHOOSE TO ASSIGN THEIR RIGHTS TO A PUBLIC ENTITY UNDER THIS18
SUBSECTION (8), THE HOME OWNERS OR THEIR ASSIGNEES SHALL ENTER19
INTO A WRITTEN ASSIGNMENT CONTRACT WITH THE PUBLIC ENTITY . THE20
ASSIGNMENT CONTRACT MUST INCLUDE THE TERMS AND CONDITIONS OF21
THE ASSIGNMENT AND FOR HOW THE PARK WILL BE OPERATED IF THE22
PUBLIC ENTITY PURCHASES THE PARK. THE ASSIGNMENT CONTRACT MUST23
PROVIDE THAT THE TERMS AND CONDITIONS ARE APPLICABLE TO ANY24
DESIGNEE SELECTED BY THE PUBLIC ENTITY PURSUANT TO SUBSECTION25
(8)(b)(II)
OF THIS SECTION. THE TERMS AND CONDITIONS MAY INCLUDE ,26
BUT ARE NOT LIMITED TO:27
1287
-31- (A) ANY DEED RESTRICTIONS THAT MAY BE REQUIRED OR1
PERMITTED REGARDING THE LOTS OR THE HOUSES IN THE PARK ;2
(B)
ANY RESTRICTIONS ON RENT OR FEE INCREASES THAT APPLY IF3
THE PUBLIC ENTITY PURCHASES THE PARK ;4
(C)
ANY REQUIRED CONDITIONS , SUCH AS THE REQUIRED5
DEMONSTRATION OF APPROVAL FROM HOME OWNERS , FOR REDEVELOPING6
OR CHANGING THE USE OF SOME OR ALL OF THE PARK ;7
(D)
A MANAGEMENT AGREEMENT FOR HOW THE PARK WILL BE8
OPERATED IF THE PUBLIC ENTITY PURCHASES THE PARK ;
9
(E)
ANY CHANGES TO PARK RULES OR REGULATIONS THAT APPLY10
IF THE PUBLIC ENTITY PURCHASES THE
PARK; AND11
(F) ANY AGREEMENT BETWEEN THE PARTIES REGARDING THE12
TRANSFER OF STATUTORY RESPONSIBILITIES ASSOCIATED WITH MANAGING13
THE PARK, AND ANY LIMITATIONS OR WAIVERS OF LIABILITY .14
(II) A
PUBLIC ENTITY SHALL ONLY EXERCISE ITS RIGHT OF FIRST15
REFUSAL FOR THE PURPOSE OF PRESERVING THE MOBILE HOME PARK AS16
LONG-TERM AFFORDABLE HOUSING . THE PUBLIC ENTITY MAY DESIGNATE17
A HOUSING AUTHORITY OR OTHER POLITICAL SUBDIVISION TO PURCHASE18
THE PARK PURSUANT TO THE PUBLIC ENTITY'S RIGHT OF FIRST REFUSAL FOR19
THIS PURPOSE IF THE OPTION FOR A DESIGNATION IS EXPRESSLY AGREED TO20
IN THE ASSIGNMENT CONTRACT .21
(III) T
HE PUBLIC ENTITY OR ITS DESIGNEE SHALL PROMPTLY22
PROVIDE NOTICE OF THE ASSIGNMENT CONTRACT TO THE LANDLORD .23
(c) (I) I
F A LANDLORD RECEIVES NOTICE THAT A GROUP OR24
ASSOCIATION OF HOME OWNERS HAS ENTERED AN ASSIGNMENT CONTRACT25
WITH A PUBLIC ENTITY PURSUANT TO SUBSECTION (8)(b) OF THIS SECTION,26
THE LANDLORD SHALL PROVIDE A RIGHT OF FIRST REFUSAL TO THE PUBLIC27
1287
-32- ENTITY OR ITS DESIGNEE. ANY PURCHASE AND SALE AGREEMENT ENTERED1
INTO BY THE LANDLORD MUST BE CONTINGENT UPON THE RIGHT OF FIRST2
REFUSAL OF THE PUBLIC ENTITY OR ITS DESIGNEE TO PURCHASE THE3
MOBILE HOME PARK.4
(II) W
ITHIN THIRTY DAYS AFTER RECEIVING NOTICE OF AN5
ASSIGNMENT CONTRACT , THE LANDLORD SHALL PROVIDE THE PUBLIC6
ENTITY OR ITS DESIGNEE WITH THE TERMS UPON WHICH THE LANDLORD7
WOULD ACCEPT AN OFFER TO SELL THE PARK OR A CONTINGENT PURCHASE8
AND SALE AGREEMENT THAT IS EFFECTIVE UPON ITS EXECUTION . THE9
PUBLIC ENTITY HAS ONE HUNDRED EIGHTY DAYS FROM THE DATE THE10
PUBLIC ENTITY OR ITS DESIGNEE RECEIVES THE TERMS OR CONTINGENT11
PURCHASE AND SALE AGREEMENT TO NOTIFY THE LANDLORD OF THE12
PUBLIC ENTITY'S INTENT TO PURCHASE THE MOBILE HOME PARK OR OF THE13
PUBLIC ENTITY'S INTENT TO FACILITATE THE PURCHASE OF THE MOBILE14
HOME PARK BY ITS DESIGNEE.15
(III) T
HE LANDLORD SHALL SELL THE MOBILE HOME PARK TO THE16
PUBLIC ENTITY OR ITS DESIGNEE IF , WITHIN THE17
ONE-HUNDRED-EIGHTY-DAY PERIOD, THE PUBLIC ENTITY OR ITS DESIGNEE:18
(A) N
OTIFIES THE LANDLORD OF ITS INTENT TO PURCHASE THE19
PARK OR FACILITATE THE PURCHASE OF THE PARK BY ITS DESIGNEE ;20
(B) A
CCEPTS THE CONTINGENT PURCHASE AND SALE AGREEMENT21
PROVIDED BY THE LANDLORD OR OFFERS THE LANDLORD TERMS THAT ARE22
ECONOMICALLY SUBSTANTIALLY IDENTICAL TO THE TERMS OF THE23
CONTINGENT PURCHASE AND SALE AGREEMENT OR TO THE TERMS THE24
LANDLORD PROVIDED PURSUANT TO SUBSECTION (8)(c)(II) OF THIS25
SECTION; AND26
(C) C
OMMITS TO CLOSE WITHIN ONE HUNDRED EIGHTY DAYS FROM27
1287
-33- THE DATE THE PUBLIC ENTITY OR ITS DESIGNEE AND THE OWNER SIGN A1
PURCHASE AND SALE AGREEMENT .2
(IV) F
OR THE PURPOSE OF DETERMINING WHETHER THE TERMS OF3
AN OFFER ARE ECONOMICALLY SUBSTANTIALLY IDENTICAL UNDER4
SUBSECTION (8)(c)(III)(B) OF THIS SECTION, IT IS IMMATERIAL HOW THE5
OFFER WOULD BE FINANCED.6
(d) A
LANDLORD SHALL NOT TAKE ANY ACTION THAT WOULD7
PRECLUDE THE PUBLIC ENTITY OR ITS DESIGNEE FROM SUCCEEDING TO THE8
RIGHTS OF AND ASSUMING THE OBLIGATIONS OF THE DESIGNEE OF THE9
TERMS OF THE CONTINGENCY PURCHASE AND SALE AGREEMENT OR10
NEGOTIATING WITH THE LANDLORD FOR THE PURCHASE OF THE MOBILE11
HOME PARK DURING THE NOTICE PERIODS IDENTIFIED IN THIS SECTION . 12
(e) I
N ADDITION TO ANY OTHER TIMES , DURING THE NOTICE13
PERIODS IDENTIFIED IN THIS SECTION, A PUBLIC ENTITY MAY PURSUE14
PRESERVATION OF THE MOBILE HOME PARK AS AFFORDABLE HOUSING15
THROUGH NEGOTIATION FOR PURCHASE OR THROUGH CONDEMNATION .16
(f) A
S USED IN THIS SUBSECTION (8), "PUBLIC ENTITY" MEANS THE17
STATE, AN AGENCY OF THE STATE , A LOCAL GOVERNMENT , A TRIBAL18
GOVERNMENT, OR ANY POLITICAL SUBDIVISION OF THE STATE , A LOCAL19
GOVERNMENT, OR A TRIBAL GOVERNMENT.20
(9) Independence of time limits and notice provisions.21
(a) E
XCEPT AS PROVIDED IN SUBSECTION (9)(b) OF THIS SECTION, each22
occurrence of a triggering event listed in subsection (1) or (2)
23
SUBSECTION (1)(a) of this section creates an independent, ninety-day24
ONE-HUNDRED-EIGHTY-DAY opportunity to purchase for the group or25
association of home owners or their assignees. If a ninety-day26
ONE-HUNDRED-EIGHTY-DAY opportunity to purchase is in effect and a27
1287
-34- new triggering event occurs, the ongoing ninety-day1
ONE-HUNDRED-EIGHTY-DAY time period terminates and a new ninety-day2
ONE-HUNDRED-EIGHTY-DAY time period begins on the latest date on3
which the landlord gives notice, as required by subsection (1)4
SUBSECTION (1)(a) or (2) of this section, of the new triggering event.5
(b) (I) A
LANDLORD IS NOT REQUIRED TO PROVIDE A NEW OR6
SUBSEQUENT NOTICE OF INTENT TO SELL FOR EACH TRIGGERING EVENT7
LISTED IN SUBSECTION (1)(a) OF THIS SECTION IF:8
(A) T
HE NEW DEMONSTRATION OF INTENT OCCURS WITHIN SIXTY9
CALENDAR DAYS OF THE CERTIFIED MAILING OF THE MOST RECENT NOTICE10
UNDER SUBSECTION (2) OF THIS SECTION; AND11
(B) T
HERE ARE NO MATERIAL CHANGES TO THE IDENTITY OF A12
POTENTIAL BUYER IF THE LANDLORD HAS MADE A CONDITIONAL13
AGREEMENT WITH A BUYER ; TO THE TIME WHEN THE PARK IS LISTED FOR14
SALE; OR TO THE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE15
OFFER THE LANDLORD HAS RECEIVED TO SELL THE MOBILE HOME PARK OR16
FOR WHICH THE LANDLORD INTENDS TO SELL THE PARK , WHICH WERE17
INCLUDED IN THE MOST RECENT NOTICE PROVIDED PURSUANT TO18
SUBSECTION (1)(a) OF THIS SECTION.19
(II) A
NY MATERIAL CHANGE TO THE PRICE , TERMS, AND20
CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO21
SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO22
SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT , REQUIRING A23
NEW NOTICE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND24
CREATING A NEW ONE-HUNDRED-EIGHTY-DAY TIME PERIOD. 25
(b)
(c) A notice required under this section is in addition to, and26
does not substitute for or affect, any other notice requirement under this27
1287
-35- part 2.1
(10) A landlord shall not make a final, unconditional acceptance2
of any offer for the sale or transfer of the park until:3
(a) The landlord has considered an offer made by a group or4
association of home owners or their assignees pursuant to subsections (4),5
and (5), AND (8) of this section; or6
(14) Triggering events not essential. (a) A group or association7
of home owners or their assignees may submit an offer to purchase to a8
landlord at any time, even if none of the events listed in subsection (1) or9
(2) SUBSECTION (1)(a) of this section has occurred.10
(15) Penalties and enforcement. (a) (I) A
NY SALE OF A MOBILE11
HOME PARK IN WHICH THE LANDLORD OR SELLER OF THE PARK IS12
SUBSTANTIALLY OUT OF COMPLIANCE WITH THIS SECTION IS NOT A LAWFUL13
SALE AND IS NULL AND VOID.14
(II) F
OR PURPOSES OF THIS TITLE 38, THE RIGHTS ACCORDED TO15
HOME OWNERS IN THIS SECTION ARE PROPERTY INTERESTS .16
(III) A
NY TITLE TRANSFERRED SUBSEQUENT TO THE TRIGGERING17
EVENTS IN SUBSECTION (1)(a) OF THIS SECTION IS DEFECTIVE UNLESS THE18
PROPERTY INTERESTS OF THE HOME OWNERS AS SET FORTH IN SUBSECTION19
(15)(a)(II)
OF THIS SECTION ARE SECURED OR UNTIL AN EQUITABLE20
REMEDY HAS BEEN PROVIDED .21
(b) I
F THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL22
AFFAIRS RECEIVES A COMPLAINT FILED IN ACCORDANCE WITH PART 11 OF23
THIS ARTICLE 12, THE DIVISION SHALL INVESTIGATE THE ALLEGED24
VIOLATIONS AT THE DIVISION 'S DISCRETION, AND, IF APPROPRIATE,25
FACILITATE NEGOTIATIONS BETWEEN THE COMPLAINANT AND RESPONDENT26
IN ACCORDANCE WITH PART 11 OF THIS ARTICLE 12. THE DIVISION MAY27
1287
-36- ALSO INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION UPON ITS OWN1
INITIATIVE. IN ADDITION TO THE REMEDIES DESCRIBED IN SECTION2
38-12-1105,
THE DIVISION MAY:3
(I) I
MPOSE A FINE ON THE SELLER OF THE MOBILE HOME PARK IN AN4
AMOUNT NOT TO EXCEED THIRTY PERCENT OF THE SALE OR LISTING PRICE5
OF THE PARK, WHICHEVER IS GREATER , WHICH THE DIVISION SHALL6
DISTRIBUTE TO THE HOME OWNERS IN THE PARK ; OR7
(II) F
ILE A CIVIL ACTION FOR INJUNCTIVE OR OTHER RELIEF IN THE8
DISTRICT COURT FOR THE DISTRICT IN WHICH THE PARK IS LOCATED .9
(c) S
UBJECT TO AVAILABLE RESOURCES , THE ATTORNEY GENERAL10
MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION . IF THE11
ATTORNEY GENERAL MAKES A PRELIMINARY FINDING THAT A LANDLORD12
OR SELLER OF A MOBILE HOME PARK SUBSTANTIALLY FAILED TO COMPLY13
WITH THIS SECTION, AND IF CONTINUATION OF THE SALE IS LIKELY TO14
RESULT IN SIGNIFICANT HARM TO THE PROPERTY INTERESTS OF THE HOME15
OWNERS AS SET FORTH IN SUBSECTION (15)(a)(II) OF THIS SECTION, THE16
ATTORNEY GENERAL:17
(I) S
HALL INFORM THE REGISTRAR OF TITLES THAT THE HOME18
OWNERS WITH PROPERTY INTERESTS UNDER THIS SECTION HAVE AN19
ADVERSE CLAIM ON THE PROPERTY , WHICH MUST BE RECORDED ON THE20
CERTIFICATE OF TITLE;21
(II) M
AY, PURSUANT TO SECTION 38-36-131 AND SUBJECT TO THE22
TIME LIMITS OF SECTION 38-36-132, ISSUE AN ORDER PROVIDING23
TEMPORARY INJUNCTIVE RELIEF TO PRESERVE THE OWNERSHIP STATUS24
QUO IF THE ORDER IS ISSUED PRIOR TO A TRANSFER OF TITLE , OR TO25
REVERT THE OWNERSHIP TO STATUS QUO ANTE SUBJECT TO THE26
LIMITATIONS OF ARTICLE 41 OF THIS TITLE 38 IF THE ORDER IS ISSUED27
1287
-37- AFTER THE TRANSFER OF TITLE;1
(III) M
AY CONTINUE TO INVESTIGATE , NEGOTIATE, AND, IF2
APPROPRIATE, FILE A CIVIL ACTION TO SECURE AND ENFORCE THE RIGHTS3
OF HOME OWNERS UNDER THIS SECTION OR TO SECURE AN EQUITABLE4
REMEDY ON THEIR BEHALF.5
(d) O
NE OR MORE HOME OWNERS OR THEIR ASSIGNEES MAY FILE A6
CIVIL ACTION ALLEGING A VIOLATION OF THIS SECTION PURSUANT TO7
SECTION 38-12-220.8
SECTION 17. In Colorado Revised Statutes, 38-12-219, amend9
(1) introductory portion and (1)(a); and add (2) as follows:10
38-12-219. Home owners' and landlords' rights. (1) Every11
home owner and landlord shall have the
HAS A PRIVATE right OF ACTION12
PURSUANT TO SECTION 38-12-203 OR 38-12-220 to ENFORCE the13
following:14
(a) Protection from abuse or disregard of state or local law by the15
landlord and home owners. A
BUSE OR DISREGARD OF STATE OR LOCAL16
LAW INCLUDES, BUT IS NOT LIMITED TO:17
(I) O
RAL OR WRITTEN STATEMENTS THAT THREATEN EVICTION OF18
A
HOME OWNER FOR VIOLATIONS THAT ARE NOT GROUNDS TO TERMINATE19
A TENANCY UNDER SECTION 38-12-203;20
(II) M
ISLEADING A HOME OWNER ABOUT THE HOME OWNER 'S21
OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT ; OR22
(III) T
AKING, POSSESSING, OR DEPRIVING A HOME OWNER OR23
RESIDENT OF HIS OR HER PROPERTY OR PROPERTY RIGHTS WITHOUT DUE24
PROCESS OF LAW, INCLUDING THE OPPORTUNITY FOR A JUDICIAL OR25
ADMINISTRATIVE HEARING.26
(2) T
HE RIGHTS AND OBLIGATIONS SET FORTH IN SUBSECTIONS27
1287
-38- (1)(a)(III), (1)(b), AND (1)(c) OF THIS SECTION ARE NOT SUBJECT TO1
ENFORCEMENT THROUGH THE "MOBILE HOME PARK ACT DISPUTE2
R
ESOLUTION AND ENFORCEMENT PROGRAM " CREATED IN PART 11 OF THIS3ARTICLE 12.4
SECTION 18. In Colorado Revised Statutes, amend 38-12-2205
as follows:6
38-12-220. Private civil right of action. (1) A home owner, in7
a park where the landlord has violated any provision of this article 12 has8
a private civil right of, A RESIDENT, AN ASSOCIATION OF HOME OWNERS ,9
OR A LANDLORD OR THE ASSIGNEE OF A HOME OWNER , A RESIDENT, AN10
ASSOCIATION OF HOME OWNERS , OR A LANDLORD MAY FILE A CIVIL action11
against the landlord ALLEGING A VIOLATION OF A RENTAL AGREEMENT OR12
OF ANY PROVISION OF THIS ARTICLE 12.13
(2) In any such action, except as described in section 38-12-10514
(4): the home owner is entitled to actual economic damages and15
reasonable attorney fees and costs if the home owner is successful in the16
action.17
(a) A
COURT MAY AWARD ECONOMIC DAMAGES , ANY PENALTIES18
AUTHORIZED BY THIS ARTICLE 12, AND SUCH EQUITABLE AND INJUNCTIVE19
RELIEF AS IS APPROPRIATE TO PROTECT THE RIGHTS OF THE PARTIES ;20
(b) A
COURT MAY AWARD REASONABLE ATTORNEY FEES AND21
COSTS TO A PREVAILING PARTY; EXCEPT THAT, IN AN ACTION BROUGHT BY22
A RESIDENT, A HOME OWNER, OR AN ASSOCIATION OF HOME OWNERS A23
COURT SHALL NOT:24
(I) A
WARD ATTORNEY FEES TO A LANDLORD UNLESS THE COURT25
FINDS THAT THE RESIDENT, A HOME OWNER, OR AN ASSOCIATION OF HOME26
OWNERS FILED A COMPLAINT THAT WAS FRIVOLOUS , NOTWITHSTANDING27
1287
-39- ANY AGREEMENT TO THE CONTRARY ; OR1
(II) R
EQUIRE A BOND TO BE PAID INTO THE COURT AS A CONDITION2
OF FILING THE SUIT.3
(3) I
N AN ACTION ALLEGING A VIOLATION OF SECTION 38-12-217:4
(a) A
COURT MAY ISSUE AN ORDER SUSPENDING THE5
ONE-HUNDRED-EIGHTY-DAY PERIODS DESCRIBED IN SECTION 38-12-2176
(4)(a)
AND (6)(b), STAYING OR CANCELING THE CLOSING OF ANY PENDING7
TRANSACTION, OR PROVIDING SUCH OTHER EQUITABLE RELIEF AS THE8
COURT DEEMS NECESSARY TO PROTECT THE RIGHTS OF THE HOME OWNERS9
UNDER SECTION 38-12-217.10
(b) I
F THE COURT FINDS THE LANDLORD VIOLATED SECTION11
38-12-217,
IN ADDITION TO ALL OTHER REMEDIES , THE COURT SHALL12
AWARD A STATUTORY PENALTY OF NO LESS THAN TWENTY THOUSAND13
DOLLARS BUT NO MORE THAN THE DOLLAR AMOUNT CALCULATED TO BE14
THIRTY PERCENT OF THE PURCHASE OR LISTING PRICE OF THE PARK . THE15
PENALTY AUTHORIZED BY THIS SUBSECTION (3)(b) IS IN ADDITION TO ANY16
FINE OR PENALTY IMPOSED BY OR AWARDED TO THE DIVISION OF HOUSING17
UNDER SECTION 38-12-217 (15).18
(4) IF A COURT DETERMINES THAT A LANDLORD VIOLATED SECTION19
38-12-204 (4) OR (5), IN ADDITION TO ALL OTHER REMEDIES, THE COURT20
SHALL AWARD A STATUTORY PENALTY OF NO LESS THAN FIFTEEN21
THOUSAND DOLLARS BUT NO MORE THAN FIFTY THOUSAND DOLLARS TO22
EACH AGGRIEVED PARTY FOR EACH VIOLATION THAT OCCURRED .23
SECTION 19. In Colorado Revised Statutes, 38-12-222, amend24
(2) and (3) as follows:25
38-12-222. Residents' right to privacy. (2) Unless otherwise26
prohibited by law, the management has a right of entry to mobile home27
1287
-40- space to fulfill the duties described in section 38-12-212.3 and to ensure1
compliance with applicable codes, statutes, ordinances, and2
administrative rules; the rental agreement; and the rules and regulations3
of the park. A landlord shall not enter in a manner that interferes with a4
home owner's RESIDENT'S peaceful enjoyment of the mobile home space,5
as described in section 38-12-219 (1)(b), except in the case of an6
emergency.7
(3) Except when posting notices that are required by law or by a8
rental agreement, the management shall make a reasonable effort to notify9
a home owner RESIDENT of the management's intention to enter the10
mobile home space at least forty-eight hours before entry. T
HE11
NOTIFICATION MUST INCLUDE THE DATE AND APPROXIMATE TIME OF THE12
PLANNED ENTRY AND MUST BE DELIVERED IN A MANNER THAT IS13
REASONABLY LIKELY TO BE SEEN OR HEARD BY THE RESIDENT IN A TIMELY14
MANNER.15
SECTION 20. In Colorado Revised Statutes, add 38-12-223 as16
follows:17
38-12-223. Tenancy and park sale records. (1) A
LANDLORD18
SHALL RETAIN RECORDS FOR EACH HOME OWNER AND RESIDENT19
THROUGHOUT THE HOME OWNER 'S OR RESIDENT'S TENANCY AND FOR20
TWELVE MONTHS AFTER THE TENANCY ENDS , INCLUDING DOCUMENTATION21
OF:22
(a) E
ACH RENTAL AGREEMENT SIGNED BY THE HOME OWNER OR23
RESIDENT AND THE CURRENT OR PREVIOUS LANDLORD ;24
(b) T
HE DATE AND AMOUNT OF ANY CHANGE IN RENT DURING THE25
HOME OWNER'S OR RESIDENT'S TENANCY;26
(c) W
RITTEN RULES AND REGULATIONS ADOPTED BY THE CURRENT27
1287
-41- OR PREVIOUS LANDLORD DURING THE HOME OWNER 'S OR RESIDENT'S1
TENANCY;2
(d) E
ACH REQUEST FROM THE HOME OWNER OR RESIDENT3
RELATING TO THE FOLLOWING, INCLUDING WHETHER THE LANDLORD AT4
THE TIME APPROVED OR DISAPPROVED EACH REQUEST :5
(I) G
UESTS, ROOMMATES, OCCUPANTS, CO-LESSEES, OR6
SUB-LESSEES;7
(II) P
ETS OR SERVICE ANIMALS;8
(III) A
CCESSORY BUILDINGS OR STRUCTURES , INCLUDING SHEDS9
AND CARPORTS;10
(IV) D
ECKS, FENCES, WHEELCHAIR RAMPS, OR OTHER STRUCTURAL11
CHANGES TO THE HOME OR LOT ; AND12
(V) U
SE OF PROPERTY RELATED TO PARKING OF VEHICLES AND USE13
OF VEHICLES.14
(2) A
LANDLORD WHO IS SELLING OR TRANSFERRING A MOBILE15
HOME PARK SHALL MAINTAIN ALL RECORDS RELATED TO COMPLIANCE16
WITH SECTION 38-12-217 FOR A MINIMUM OF FORTY-EIGHT MONTHS AFTER17
ANY SALE OR TRANSFER OF A MOBILE HOME PARK IS COMPLETE , INCLUDING18
BUT NOT LIMITED TO:19
(a) N
OTICES MAILED OR GIVEN TO HOME OWNERS PURSUANT TO20
SECTION 38-12-217 (1) AND (2);21
(b) P
OSTINGS PURSUANT TO SECTION 38-12-217 (1)(c), INCLUDING22
ANY FORMS FOR HOME OWNERS TO PROVIDE NOTICE THAT THEY DO NOT23
WISH TO PARTICIPATE IN EFFORTS TO PURCHASE THE COMMUNITY ;24
(c) S
IGNED WRITINGS PROVIDED BY HOME OWNERS TO THE PARK25
OWNER DECLINING TO PARTICIPATE IN PURCHASING THE PARK PURSUANT26
TO SECTION 38-12-217 (1)(c);27
1287
-42- (d) OFFERS TO PURCHASE AND PROPOSED PURCHASE AND SALE1
AGREEMENTS SUBMITTED TO THE LANDLORD BY A GROUP OR ASSOCIATION2
OF HOME OWNERS OR THEIR ASSIGNEES PURSUANT TO SECTION 38-12-2173
(4);4
(e) R
EQUESTS FOR INFORMATION FROM A GROUP OR ASSOCIATION5
OF HOME OWNERS OR THEIR ASSIGNEES PARTICIPATING IN THE6
OPPORTUNITY TO PURCHASE AND THE LANDLORD 'S RESPONSES TO THE7
REQUESTS FOR INFORMATION PURSUANT TO SECTION 38-12-217 (5)(a);8
AND9
(f) O
FFERS TO PURCHASE AND ANY CONDITIONAL AND10
UNCONDITIONAL PURCHASE AND SALE AGREEMENTS SUBMITTED BY THE11
SUCCESSFUL PURCHASER OF THE MOBILE HOME PARK .12
(3) U
PON THE SALE OR TRANSFER OF A MOBILE HOME PARK , THE13
SELLER MUST TRANSFER ALL RECORDS MAINTAINED UNDER SUBSECTION14
(1)
OF THIS SECTION TO THE NEW OWNER.15
(4) I
F AN ISSUE ARISES AS TO A RESIDENT'S RIGHT TO ANY OF THE16
MATTERS DESCRIBED IN SUBSECTION (1)(c) OR (2) OF THIS SECTION AND17
THE LANDLORD HAS NOT RETAINED ADEQUATE RECORDS FOR THAT18
RESIDENT, THE LANDLORD SHALL BE PRESUMED TO HAVE VIOLATED THIS19
PART 2 UNLESS THE LANDLORD DEMONSTRATES COMPLIANCE BY A20
PREPONDERANCE OF THE EVIDENCE .21
(5) T
HE DIVISION MAY PROMULGATE RULES CONCERNING THE22
IMPLEMENTATION OF THIS SECTION , INCLUDING REQUIREMENTS23
CONCERNING:24
(a) H
OW A PERSON MAY ACCESS OR OBTAIN COPIES OF RECORDS25
RETAINED PURSUANT TO THIS SECTION AND ANY RESTRICTIONS ON WHO26
MAY ACCESS RECORDS RETAINED PURSUANT TO THIS SECTION ;27
1287
-43- (b) WHAT FEES OR COSTS, IF ANY, MAY BE IMPOSED FOR OBTAINING1
COPIES OF RECORDS RETAINED PURSUANT TO THIS SECTION ;2
(c) C
ONFIDENTIALITY PROTECTIONS FOR PERSONALLY IDENTIFYING3
INFORMATION INCLUDED IN RECORDS RETAINED PURSUANT TO THIS4
SECTION;5
(d) S
ECURE DESTRUCTION OF RECORDS ONCE THE PERIOD OF6
RETENTION HAS PASSED; AND7
(e) P
ENALTIES FOR VIOLATIONS OF THIS SECTION.8
(6) I
F A
CURRENT OR FORMER MANAGEMENT OR LANDLORD9
VIOLATES THIS SECTION, A HOME OWNER MAY FILE A COMPLAINT10
PURSUANT TO SECTION 38-12-1105.11
SECTION 21. In Colorado Revised Statutes, 38-12-1102, amend12
(1)(c) and (2); and add (1)(d) as follows:13
38-12-1102. Legislative declaration. (1) The general assembly14
hereby finds and declares that:15
(c) Taking legal action against a mobile home park landlord for16
violations of the "Mobile Home Park Act" can be a costly and lengthy17
process
THAT IS NOT TIMELY ENOUGH TO PREVENT SIGNIFICANT HARM , and18
many mobile home owners
cannot afford to pursue a court process to19
vindicate statutory rights. Mobile home park landlords will also benefit20
by having access to a process that resolves disputes quickly and21
efficiently.22
(d) C
ERTAIN ACTIONS BY MOBILE HOME PARK LANDLORDS MAY23
CAUSE IMMINENT HARM TO MOBILE HOME PARK RESIDENTS .24
(2) Therefore, it is the intent of the general assembly to provide25
an equitable as well as a less costly and more
TIMELY AND efficient way26
for mobile home
owners and mobile home park landlords to resolve27
1287
-44- disputes; and to provide a mechanism for state authorities to quickly1
locate mobile home park landlords;
AND TO GRANT THE DIVISION OF2
HOUSING THE AUTHORITY TO ISSUE CEASE AND DESIST ORDERS TO STOP3
ACTIONS BY LANDLORDS THAT POSE THE POTENTIAL FOR IMMINENT HARM .4
SECTION 22. In Colorado Revised Statutes, 38-12-1103, amend5
(2) and (7); and add (8) as follows:6
38-12-1103. Definitions. As used in this part 11, unless the7
context otherwise requires:8
(2)
"Complainant" means a landlord, or home owner, OR9
GROUP OF HOME OWNERS who has filed a complaint alleging a violation10
of the act,
THIS PART 11, OR A RULE or the complainant's agent, employee,11
or representative authorized to act on the complainant's behalf.12 13
(7) "Respondent" means a landlord,
FORMER LANDLORD, or home14
owner alleged to have committed a violation of the act,
THIS PART 11, OR15
A RULE or the respondent's agent, employee, or representative authorized16
to act on the respondent's behalf.17
(8) "R
ULE" MEANS A RULE PROMULGATED BY THE DIVISION18
PURSUANT TO THE ACT OR THIS PART 11.19
SECTION 23. In Colorado Revised Statutes, 38-12-1104, amend20
(2)(a), (2)(g), and (2)(h); and add (4) as follows:21
38-12-1104. Dispute resolution program - creation - division22
of housing - duties - report - rules. (2) The division shall:23
(a) Produce educational materials regarding the act and the24
program. These materials must be in both English and Spanish and must25
include a notice in a format that a landlord can reasonably post in a26
mobile home park. The notice must summarize home owner rights and27
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on how to file a complaint with the division, describe the protections2
afforded home owners under section 38-12-1105 (13), and provide a3
toll-free telephone number and website that landlords and home owners4
can use to seek additional information and communicate complaints5
specific to the program;6
(g) Provide an annual report to the transportation and local7
government committee of the house of representatives, or its successor8
committee, AND the local government committee of the senate, or its9
successor committee, and to the department of regulatory agencies, and10
publish that annual report on the division's official website;11
(h) Receive complaints and perform dispute resolution
AND12
ENFORCEMENT activities related to the program, including investigations,13
negotiations,
COMMUNICATIONS, determinations of violations, AWARDS OF14
DAMAGES, and imposition of penalties as described in section15
38-12-1105; 16
(4) T
HE ATTORNEY GENERAL MAY , AT THE ATTORNEY GENERAL'S17
DISCRETION, INVESTIGATE AND ENFORCE COMPLIANCE WITH THE ACT AND18
THIS PART 11.19
SECTION 24. In Colorado Revised Statutes, 38-12-1105, amend20
(1), (2), (3)(a), (4), (7)(a)(II), (7)(a)(III), (7)(b), (10),
and (13); and21
add (3)(c), (6.5), and (15) as follows:22
38-12-1105. Dispute resolution program - complaint process.23
(1) Beginning on June 30, 2020, Any aggrieved party may file a24
complaint with the division
ON A FORM PRESCRIBED BY THE DIVISION25
alleging a violation of the act, or
this part 11, OR A RULE, regardless of26
whether the provision allegedly violated contains a specific reference to27
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2
(2) After receiving a complaint under this part 11, the division3
shall investigate the alleged violations at the division's discretion. and,4
T
HE DIVISION MAY, if appropriate, facilitate negotiations between the5
complainant and the respondent. T
HE DIVISION MAY ON ITS OWN6
INITIATIVE INVESTIGATE POTENTIAL VIOLATIONS OF THE ACT , THIS PART7
11,
OR A RULE WHEN IT RECEIVES EVIDENCE OF A POTENTIAL VIOLATION8
FROM A SOURCE OTHER THAN A FILED COMPLAINT AND MAY MAKE9
DETERMINATIONS AND TAKE ENFORCEME NT ACTIONS PURSUANT TO THIS10
SECTION FOLLOWING SUCH AN INVESTIGATION .11
12
(3) (a) Complainants and respondents shall cooperate with the13
division in the course of an investigation by responding to subpoenas14
issued by the division. The subpoenas may
COMPEL TESTIMONY, TAKE15
EVIDENCE, OR seek access to papers or other documents and provide site16
access to the mobile home parks relevant to the investigation.17
Complainants and respondents must respond to the division's subpoenas18
within fourteen days of the division sending the subpoenas by certified19
mail.20
(c) I
F A COMPLAINANT OR RESP ONDENT FAILS TO RESPOND TO A21
SUBPOENA WITHIN THE TIME REQUIRED BY SUBSECTION (3)(a) OF THIS22
SECTION, THE DIVISION MAY IMPOSE A PENALTY OF UP TO FIVE THOUSAND23
DOLLARS PER VIOLATION PER DAY FOR EACH DAY THE COMPLAINANT OR24
RESPONDENT FAILS TO RESPOND . THE DIVISION MAY DELAY OR DISMISS25
THE IMPOSITION OF THE PENALTY IF THE COMPLAINANT OR RESPONDENT26
MAKES A GOOD-FAITH EFFORT TO COMPLY WITHIN SEVEN DAYS .27
1287
-47- (4) (a) If, after an investigation, the division determines that the1
parties are unable to come to an agreement
OR THAT FACILITATING2
NEGOTIATIONS BETWEEN THE PARTIES IS NOT APPROPRIATE TO RESOLVE3
THE ALLEGED VIOLATION, the division shall make a written determination4
on whether a violation of the act,
THIS PART 11, OR A RULE has occurred.5
(b) If the division finds by a written determination that a violation6
of the act,
THIS PART 11, OR A RULE has occurred, the division shall7
deliver a written notice of violation by certified mail to both the8
complainant and the respondent. The notice of violation must specify the9
basis for the division's determination, the violation, the action required to10
cure the violation, the time within which that action must be taken, the11
penalties that will be imposed if that action is not taken within the12
specified time period, and the process for contesting the determination,13
required action, and penalties by means of an administrative hearing.14
(c) If the division finds by a written determination that a violation15
of the act,
THIS PART 11, OR A RULE has not occurred, the division shall16
deliver a written notice of nonviolation to both the complainant and the17
respondent by certified mail. The notice of nonviolation must include the18
basis for the division's determination and the process for contesting the19
determination included in the notice of nonviolation by means of an20
administrative hearing.21
(6.5) (a) W
HENEVER THE DIVISION HAS REASONABLE CAUSE TO22
BELIEVE THAT A VIOLATION OF THE ACT , THIS PART 11, OR A RULE HAS23
OCCURRED OR WILL SOON OCCUR , AND THAT IMMEDIATE ENFORCEMENT24
IS NECESSARY, THE DIVISION MAY IMMEDIATELY ISSUE A CEASE AND25
DESIST ORDER. A WRITTEN DETERMINATION AND NOTICE OF VIOLATION IS26
NOT REQUIRED WHEN THE DIVISION ISSUES A CEASE AND DESIST ORDER27
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-48- PURSUANT TO THIS SUBSECTION (6.5). THE ORDER MUST SET FORTH THE1
PROVISIONS ALLEGED TO HAVE BEEN VIOLATED , THE FACTS ALLEGED TO2
HAVE CONSTITUTED THE VIOLATION , AND THE REQUIREMENT THAT ALL3
ACTIONS IMMEDIATELY CEASE .4
(b) W
ITHIN FIFTEEN BUSINESS DAYS AFTER SERVICE OF THE ORDER ,5
THE PERSON RECEIVING THE ORDER MAY REQUEST AN ADMINISTRATIVE6
HEARING PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION TO7
DETERMINE WHETHER OR NOT THE ALLEGED VIOLATION HAS OCCURRED .8
(c) I
F A PERSON WHO IS THE SUBJECT OF AN ORDER TO CEASE AND9
DESIST FAILS TO COMPLY WITH THE ORDER WITHIN FORTY -EIGHT HOURS,10
THE DIVISION MAY BRING AN ACTION IN CIVIL COURT FOR A TEMPORARY11
RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT FURTHER12
OR CONTINUED VIOLATION OF THE ACT, THIS PART 11, OR A RULE. A COURT13
SHALL NOT STAY AN ORDER TO CEASE AND DESIST UNTIL AFTER HOLDING14
A HEARING INVOLVING BOTH PARTIES ON THE MATTER .15
(7) (a) A complainant or respondent may request an administrative16
hearing before an administrative law judge to contest:17
(II) A penalty imposed under subsection (3)
OR (5) of this section;18
or19
(III) An order to cease and desist or an order to take actions under20
subsection (6)
OR (6.5) of this section.21
(b) If the complainant or respondent requests an administrative22
hearing pursuant to subsection (7)(a) of this section, the complainant or23
respondent must file the request within fifteen business days of receipt
24
AFTER SERVICE of a notice of violation, notice of nonviolation penalty,25
order, or action. If an administrative hearing is not requested within this26
time period, the notice of violation, or notice of nonviolation, OR CEASE27
1287
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not subject to review by any court or agency.2
(10) When the division imposes any penalty against a respondent3
landlord under this part 11, the respondent may not seek any recovery or4
reimbursement of the penalty from a complainant or from any other home5
owner
OR RESIDENT.6
7
(13) A landlord may SHALL not take any retaliatory actions against8
a home owner
FOR FILING A COMPLAINT AND SHALL NOT HARASS OR9
INTIMIDATE A HOME OWNER IN VIOLATION OF SECTION 38-12-212.510
(4.5). If the division determines that a landlord has retaliated against a11
home owner OR VIOLATED SECTION 38-12-212.5 (4.5), the division may12
impose a fine of up to ten thousand dollars on the landlord.13
(15) T
HE DIVISION SHALL TAKE ALL REASONABLE STEPS TO AVOID14
DISCLOSING THE COMPLAINANT'S IDENTITY TO THE LANDLORD DURING OR15
AFTER THE INVESTIGATION WITHOUT THE COMPLAINANT 'S PERMISSION IF16
A COMPLAINT ALLEGES A VIOLATION THAT IS OF A GENERAL NATURE17
AFFECTING MULTIPLE HOME OWNERS OR RESIDENTS , INCLUDING BUT NOT18
LIMITED TO A COMPLAINT ALLEGING THAT A LANDLORD 'S RULES OR RULE19
ENFORCEMENT PRACTICES VIOLATE THE ACT , THIS PART 11, OR A RULE20
AND THE DIVISION CAN ADEQUATELY INVESTIGATE THE COMPLAINT21
WITHOUT REVEALING THE COMPLAINANT 'S IDENTITY. A PERSON SHALL22
NOT OBTAIN ACCESS TO THE RECORD THROUGH SUBPOENA , DISCOVERY, OR23
UNDER ANY STATUTORY AUTHORITY . THIS SUBSECTION (15) DOES NOT24
PROHIBIT THE DIVISION FROM REQUIRING OR KNOWING THE IDENTITY OF25
A COMPLAINANT.26
SECTION 25. In Colorado Revised Statutes, 38-12-1106, amend27
1287
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38-12-1106. Registration of mobile home parks - process - fees.2
(7) The registration forms provided by the division must require3
information necessary to assist the division in identifying and locating a4
mobile home park and other information that may be useful to the state5
including, at a minimum:6
(d) The number of mobile homes within the mobile home park;7
and8
(e) The
PHYSICAL address of each mobile home within the mobile9
home park
AND THE MAILING ADDRESS OF THE HOME OWNER , IF THE10
LANDLORD HAS A DIFFERENT MAILING ADDRESS ON FILE FOR THE HOME11
OWNER; AND12
(f) T
HE DATE AND AMOUNT OF THE MOST RECENT RENT INCREASE13
FOR EACH MOBILE HOME LOT AND EACH MOBILE HOME IN THE PARK .14
(8) For the 2020 calendar year, the division shall charge each
15
landlord a twenty-four dollar registration fee for each mobile home16
independently owned on rented land within the landlord's mobile home17
park. Each year thereafter, The division shall establish by rule a fee that18
each landlord shall pay to the division as an annual registration fee for19
each mobile home independently owned on rented land within the20
landlord's mobile home park. A landlord may charge a home owner not21
more than half of the fee. The registration fee for each mobile home must22
be deposited into the fund. The division shall review the annual23
registration fee and, if necessary, adjust the annual registration fee24
through rule-making to ensure it continues to reasonably relate to the cost25
of administering the program.26
SECTION 26. In Colorado Revised Statutes, 38-12-1110, add (3)27
1287
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38-12-1110. Mobile home park act dispute resolution and2
enforcement program fund. (3) IN FISCAL YEAR 2022-23 AND EACH3
FISCAL YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE4
MONEY FROM THE GENERAL FUND TO THE MOBILE HOME PARK ACT5
DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM FUND FOR USE BY THE6
DIVISION TO CONDUCT OUTREACH, MONITORING, AND ENFORCEMENT7
RELATED TO SECTIONS 38-12-217 AND 38-12-203.5.8
SECTION 27. Appropriation. (1) For the 2022-23 state fiscal9
year, $116,293 is appropriated to the mobile home park act dispute10
resolution and enforcement program fund created in section 38-12-111011
(1), C.R.S. This appropriation is from the general fund. The department12
of local affairs is responsible for the accounting related to this13
appropriation.14
(2) For the 2022-23 state fiscal year, $50,173 is appropriated to15
the office of the governor for use by the office of information technology.16
This appropriation is from reappropriated funds received from the17
department of local affairs from the mobile home park act dispute18
resolution and enforcement program fund created in section 38-12-111019
(1), C.R.S. To implement this act, the office may use this appropriation20
to provide information technology services for the department of local21
affairs.22
SECTION 28. Safety clause. The general assembly hereby finds,23
determines, and declares that this act is necessary for the immediate24
preservation of the public peace, health, or safety.25
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