Colorado House Bill HB1287 Enrolled / Bill

                    HOUSE BILL 22-1287
BY REPRESENTATIVE(S) 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, Amabile, Bird, Daugherty,
Exum, Froelich, Herod, Lontine, McCormick, Michaelson Jenet, Valdez A.,
Young, Snyder;
also SENATOR(S) Winter, Coleman, Lee, Story, Buckner, Danielson,
Donovan, Fields, Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Kolker,
Moreno, Pettersen, Rodriguez, Zenzinger, Fenberg.
C
ONCERNING PROTECTIONS FOR MOBILE HOME PARK RESIDENTS , AND, IN
CONNECTION THEREWITH
, MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 24-31-101, amend
(1)(i) as follows:
24-31-101.  Powers and duties of attorney general. (1)  The
attorney general:
(i)  May bring civil and criminal actions to enforce state laws,
NOTE:  This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor.  To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. including actions brought pursuant to the "Colorado Antitrust Act of 1992"
in article 4 of title 6, the "Colorado Consumer Protection Act" in article 1
of title 6, 
THE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE 12 OF TITLE
38, THE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND
ENFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38, the
"Unfair Practices Act" in article 2 of title 6, article 12 of title 6, and sections
6-1-110, 11-51-603.5, 24-34-505.5, and 25.5-4-306;
SECTION 2. In Colorado Revised Statutes, amend 38-12-200.2 as
follows:
38-12-200.2.  Legislative declaration. The general assembly hereby
declares that the purpose of this part 2 is to establish the relationship
between the owner of a mobile home park, and
 the owner of a mobile home
situated in such park, 
AND RESIDENTS IN THE PARK.
SECTION 3. In Colorado Revised Statutes, 38-12-201.5, amend
(1)(e), (1)(f), and (6); and add (1)(g) and (6.5) as follows:
38-12-201.5.  Definitions. As used in this part 2 and in part 11 of
this article 12, unless the context otherwise requires:
(1)  "Entry fee" means any fee paid to or received from an owner of
a mobile home park or an agent thereof except for:
(e)  Incidental reasonable charges for services actually performed by
the mobile home park owner or the mobile home park owner's agent and
agreed to in writing by the home owner; and
(f)  Late fees; AND
(g)  MEMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER
COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS
QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE
"COLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS
TITLE 
38.
(6)  "Mobile home park" or "park" means a parcel of land used for
the continuous accommodation of five or more occupied mobile homes and
operated for the pecuniary benefit of the owner of the parcel of land or the
PAGE 2-HOUSE BILL 22-1287 owner's agents, lessees, or assignees. "Mobile home park" does not include
mobile home subdivisions or property zoned for manufactured home
subdivisions. F
OR PURPOSES OF THIS DEFINITION, THE PARCEL OF LAND
COMPRISING THE MOBILE HOME PARK DOES NOT NEED TO BE CONTIGUOUS
,
BUT MUST BE IN THE SAME NEIGHBORHOOD AS DETERMINED BY THE
DIVISION
.
(6.5)  "M
OBILE HOME SUBDIVISION" OR "MANUFACTURED HOME
SUBDIVISION
" MEANS ANY PARCEL OF LAND THAT IS DIVIDED INTO TWO OR
MORE PARCELS
, SEPARATE INTERESTS, OR INTERESTS IN COMMON, WHERE
EACH PARCEL OR INTEREST IS OWNED BY AN INDIVIDUAL OR ENTITY WHO
OWNS BOTH A MOBILE HOME AND THE LAND UNDERNEATH THE MOBILE
HOME
; EXCEPT THAT A PARCEL IS NOT A "MOBILE HOME SUBDIVISION" OR
"MANUFACTURED HOME SUBDIVISION " WHEN THE SAME OWNER OWNS A
PARCEL OR SUBDIVIDED PARCELS OR INTERESTS THAT ARE COLLECTIVELY
USED FOR THE CONTINUOUS ACCOMMODATION OF FIVE OR MORE OCCUPIED
MOBILE HOMES AND OPERATED FOR THE PECUNIARY BENEFIT OF THE
LANDOWNER OR THEIR AGENTS
, LESSEES, OR ASSIGNEES.
SECTION 4. In Colorado Revised Statutes, 38-12-202, amend
(1)(a) introductory portion and (1)(c)(I) as follows:
38-12-202.  Tenancy - notice to quit. (1) (a)  No tenancy or other
lease or rental occupancy of space in a mobile home park shall commence
without a written lease or rental agreement, and no tenancy in a mobile
home park shall be terminated until a notice to quit 
OR NOTICE OF
NONPAYMENT OF RENT
 has been served. Said
 A notice to quit shall be in
writing and in the form specified in section 13-40-107 (2). C.R.S. The
property description required in section 13-40-107 (2) C.R.S., shall be
deemed IS legally sufficient if it states:
(c) (I)  Except as otherwise provided in 
SECTION 38-12-204 (1) OR
subsections (1)(c)(II) and (3) of this section, the management shall give a
home owner at least ninety days after the date the notice is served or posted
to sell the mobile home or remove it from the premises.
SECTION 5. In Colorado Revised Statutes, 38-12-203, amend
(1)(d)(II); and add (3) as follows:
38-12-203.  Reasons for termination. (1)  The management of a
PAGE 3-HOUSE BILL 22-1287 mobile home park may terminate a tenancy only for one or more of the
following reasons:
(d) (II)  If a landlord wants to change the use of a mobile home park,
and the change of use has been approved by the local or state authority or
does not require approval, and the change of use would result in the eviction
of inhabited mobile homes, the landlord shall give the owner of each mobile
home that is subject to the eviction a written notice of the landlord's intent
to evict not less than twelve months before the change of use of the land,
which notice must be mailed to each home owner. T
HE NOTICE MUST
ADVISE THE HOME OWNER OF THE HOME OWNER
'S RIGHT TO COMPENSATION
PURSUANT TO SUBSECTION 
(3) OF THIS SECTION.
(3)  A
 LANDLORD SHALL NOT M AKE ANY ORAL OR WRITTEN
STATEMENT THREATENING EVICTION FOR A VIOLATION OR ACTION THAT IS
NOT GROUNDS FOR TERMINATING A TE NANCY UNDER SUBSECTION 
(1) OF THIS
SECTION
. A HOME OWNER MAY FILE A COMPLAINT PURSUANT TO SECTION
38-12-1105 OR A CIVIL ACTION PURSUANT TO SECTION 38-12-220 FOR A
VIOLATION OF THIS SUBSECTION 
(3). IF THE COURT DETERMINES THAT THE
LANDLORD VIOLATED THIS SUBSECTION 
(3), THE COURT SHALL AWARD A
STATUTORY PENALTY OF UP TO TWENTY THOUSAND DOLLARS TO THE
PLAINTIFF IN ADDITION TO ANY OTHER REMEDIES AUTHORIZED BY SECTION
38-12-220.
SECTION 6. In Colorado Revised Statutes, add 38-12-203.5 as
follows:
38-12-203.5.  Change in use of the park - remedies for home
owners - definitions. (1)  A
S USED IN THIS SECTION, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a)  "I
N-PLACE FAIR MARKET VALUE " MEANS THE FAIR MARKET
VALUE OF THE MOBILE HOME AND ANY ATTACHED APPURTENANCES AND
STRUCTURES ON THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES
,
DECKS, SKIRTING, AWNINGS, AND SHEDS, TAKING INTO ACCOUNT THE
ACTUAL COST OF ALL IMPROVEMENTS MADE TO THE MOBILE HOME BY THE
HOME OWNER
. FAIR MARKET VALUE IS DETERMINED BASED ON THE VALUE
OF THE MOBILE HOME IN ITS CURRENT LOCATION PRIOR TO THE DECISION TO
CHANGE THE USE OF THE PARK
.
PAGE 4-HOUSE BILL 22-1287 (b)  "RELOCATION COSTS" INCLUDES:
(I)  A
NY REASONABLE COSTS INCURRED TO MOVE THE MOBILE HOME ,
FURNITURE, AND PERSONAL BELONGINGS THEREIN TO A REPLACEMENT SITE ;
(II)  T
HE REASONABLE COST OF DISASSEMBLING , MOVING, AND
REASSEMBLING ANY ATTACHED APPURTENANCES AND STRUCTURES ON THE
LOT OWNED BY THE HOME OWNER SUCH AS PORCHES
, DECKS, SKIRTING,
AWNINGS, AND SHEDS, WHICH WERE NOT ACQUIRED BY THE LANDLORD ;
(III)  T
HE COSTS OF ANCHORING THE UNIT;
(IV)  T
HE COSTS OF CONNECTING OR DISCONNECTING THE MOBILE
HOME TO UTILITIES
;
(V)  I
NSURANCE COVERAGE DURING TRANSPORT ; AND
(VI)  THE COST TO DISASSEMBLE AND REINSTALL ANY ACCESSIBILITY
IMPROVEMENTS SUCH AS WHEELCHAIR RAMPS
, LIFTS, AND GRAB BARS.
(2)  I
F A LANDLORD INTENDS TO CHANGE THE USE OF THE LAND
COMPRISING A MOBILE HOME PARK OR PART OF A MOBILE HOME PARK AND
THE CHANGE IN USE WOULD RESULT IN THE DISPLACEMENT OF ONE OR MORE
MOBILE HOMES IN THE PARK
, FOR EACH DISPLACED MOBILE HOME , THE
LANDLORD SHALL PROVIDE THE HOME OWNER OR HOME OWNERS ONE OF THE
FOLLOWING AT THE HOME OWNER
'S OR HOME OWNERS' CHOOSING WITHIN
THIRTY DAYS OF RECEIVING A WRITTEN DEMAND BY THE HOME OWNER OR
HOME OWNERS
:
(a)  P
AYMENT OF RELOCATION COSTS TO RELOCATE THE MOBILE
HOME TO A LOCATION OF THE HOME OWNER
'S CHOOSING WITHIN ONE
HUNDRED MILES BY ROAD OF THE PARK
. RELOCATION COSTS ARE
DETERMINED BASED ON THE LOWEST ESTIMATE OBTAINED BY THE HOME
OWNER FROM A MOBILE HOME MOVER
. THE LANDLORD MAY REQUEST A
COPY OF THE ESTIMATE TO SUPPORT THE REQUEST FOR PAYMENT OF
RELOCATION COSTS
. IF THE HOME OWNER EXERCISES THIS OPTION, THE HOME
OWNER MUST ACTUALLY RELOCATE THE MOBILE HOME AND ALL PERSONAL
BELONGINGS IN ACCORDANCE WITH THE ESTIMATE USED TO DETERMINE
RELOCATION COSTS PRIOR TO THE DATE OF THE CHANGE IN USE SET FORTH
IN THE NOTICE REQUIRED BY SECTION
 38-12-203 (1)(d)(II). THE HOME
PAGE 5-HOUSE BILL 22-1287 OWNER IS RESPONSIBLE FOR ADDITIONAL MILEAGE COSTS TO MOVE THE
MOBILE HOME TO A LOCATION MORE THAN ONE HUNDRED MILES FROM THE
PARK
.
(b)  S
UBMIT A BINDING OFFER TO PURCHASE THE MOBILE HOME FOR
THE GREATER OF
:
(I)  S
EVEN THOUSAND FIVE HUNDRED DOLLARS FOR A
SINGLE
-SECTION MOBILE HOME OR TEN THOUSAND DOLLARS FOR A
MULTI
-SECTION MOBILE HOME; OR
(II)  ONE HUNDRED PERCENT OF THE IN-PLACE FAIR MARKET VALUE
AS DETERMINED THROUGH THE APPRAISAL PROCESS SET FORTH IN THIS
SUBSECTION
 (2)(b)(II). WITHIN THIRTY DAYS OF SUBMITTING THE OFFER ,
THE LANDLORD SHALL HIRE A LICENSED , CERTIFIED RESIDENTIAL, OR
CERTIFIED GENERAL APPRAISER FROM THE ACTIVE APPRAISERS LIST
PUBLISHED BY THE DIVISION OF REAL ESTATE IN THE DEPARTMENT OF
REGULATORY AGENCIES TO CONDUCT THE APPRAISAL
. IF THE HOME OWNER
DISPUTES THE APPRAISED VALUE OF THE MOBILE HOME
, THE HOME OWNER
MAY HIRE A LICENSED
, CERTIFIED RESIDENTIAL, OR CERTIFIED GENERAL
APPRAISER FROM THE ACTIVE APPRAI SERS LIST TO OBTAIN A SECOND
APPRAISAL AT THE HOME OWNER
'S EXPENSE. TO BE CONSIDERED, THE HOME
OWNER MUST OBTAIN THE APPRAISAL WITHIN SIXTY DAYS OF RECEIPT OF THE
LANDLORD
'S APPRAISAL. THE RESULTS OF ALL APPRAISALS SHALL BE
PROVIDED IN WRITING BY THE APPRAISER TO BOTH LANDLORD AND HOME
OWNER
. IF A SECOND APPRAISAL IS OBTAINED , THE HOME OWNER IS
ENTITLED TO THE AVERAGE OF THE APPRAISALS OBTAINED BY THE
LANDLORD AND THE HOME OWNER
. IF THE HOME OWNER IS NOT SATISFIED
WITH THE APPRAISAL OR APPRAISALS RECEIVED
, THE HOME OWNER MAY
SUBMIT A REQUEST FOR PAYMENT OF RELOCATION COSTS AS SET FORTH IN
SUBSECTION
 (2)(a) OF THIS SECTION. IF THE HOME OWNER EXERCISES THE
OPTION FOR PURCHASE UNDER THIS SUBSECTION
 (2)(b)(II), THE SALE
CLOSING MUST OCCUR PRIOR TO THE DATE OF THE CHANGE IN USE SET FORTH
IN THE NOTICE PROVIDED PURSUANT TO SECTION
 38-12-203 (1)(d)(II).
(3)  I
F AN APPRAISER CONDUCTING AN APPRAISAL PURSUANT TO
SUBSECTION
 (2)(b)(II) OF THIS SECTION IDENTIFIES LACK OF MAINTENANCE,
DEFERRED MAINTENANCE , OR DETERIORATION OF THE MOBILE HOME PARK
BEYOND NORMAL WEAR AND TEAR THAT NEGATIVELY AFFECTS THE VALUE
OF A MOBILE HOME
, THE APPRAISER SHALL DETERMINE THE VALUE OF THE
PAGE 6-HOUSE BILL 22-1287 HOME WITH AN UPWARD ADJUSTMENT IN VALUE IF NECESSARY TO ELIMINATE
THE NEGATIVE EFFECT IN VALUE CAUSED BY THE LACK OF MAINTENANCE
,
DEFERRED MAINTENANCE , OR DETERIORATION OF THE PARK BEYOND
NORMAL WEAR AND TEAR
.
(4)  O
N JULY 1, 2024, AND ON JULY 1 OF EACH YEAR THEREAFTER,
THE DEPARTMENT SHALL ADJUST THE AMOUNT SPECIFIED IN SUBSECTION
(2)(b)(I) OF THIS SECTION IN ACCORDANCE WITH THE PERCENTAGE CHANGE
FOR THE PREVIOUS TWELVE MONTHS AT THE TIME OF THE CALCULATION IN
THE 
UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS,
CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS
AND ALL URBAN CONSUMERS
, OR ITS SUCCESSOR INDEX. THE DEPARTMENT
SHALL PUBLISH THE ADJUSTED AMOUNT ON THE DEPARTMENT
'S WEBSITE.
(5)  A
 HOME OWNER IS ENTITLED TO THE REMEDIES PROVIDED UNDER
THIS SECTION ONLY IF THE HOME OWNER HAS NOT GIVEN NOTICE TO
TERMINATE THE HOME OWNER
'S LEASE OR RENTAL AGREEMENT AS OF THE
DATE OF THE NOTICE OF THE CHANGE IN USE
.
(6)  A
NY AGREEMENT MADE WITH A HOME OWNER TO WAIVE ANY
RIGHTS UNDER THIS SECTION IS INVALID AND INEFFECTIVE FOR ANY PURPOSE
.
SECTION 7. In Colorado Revised Statutes, 38-12-204, add (4) and
(5) as follows:
38-12-204. Nonpayment of rent - notice required for rent
increase - limitation on rent increases - repeal. (4)  A
 LANDLORD SHALL
NOT INCREASE RENT ON A MOBILE HOME PARK LOT IF THE PARK
:
(a)  D
OES NOT HAVE A CURRENT, ACTIVE REGISTRATION FILED WITH
THE DIVISION OF HOUSING IN ACCORDANCE WITH SECTION 
38-12-1106;
(b)  H
AS ANY UNPAID PENALTIES OWED TO THE DIVISION OF HOUSING ;
OR
(c)  HAS NOT FULLY COMPLIED WITH ANY FINAL AGENCY ORDER
ISSUED BY THE DIVISION OF HOUSING
.
(5)  A
 NOTICE OF A RENT INCREASE ISSUED IN VIOLATION OF THIS
SECTION IS INVALID AND HAS NO FORCE AND EFFECT
.
PAGE 7-HOUSE BILL 22-1287 SECTION 8. In Colorado Revised Statutes, amend 38-12-206 as
follows:
38-12-206.  Home owner meetings - assembly in common areas
- meeting hosted by landlord. (1)  Home owners shall have the right to
meet and establish a homeowners' association. Meetings of home owners
or the homeowners' association relating to mobile home living and affairs
in their park common area, community hall, or recreation hall, if such a
facility or similar facility exists, shall not be subject to prohibition by the
park management if the common area or hall is reserved according to the
park rules and such meetings are held at reasonable hours and when the
facility is not otherwise in use; except that no such meetings shall be held
in the streets or thoroughfares of the mobile home park.
(2)  T
HE MANAGEMENT SHALL NOT CHARGE HOME OWNERS OR
RESIDENTS A FEE TO MEET IN COMMON BUILDINGS OR SPACES IN THE PARK
,
INCLUDING ANY COMMON AREA , COMMUNITY HALL, OR RECREATION HALL;
EXCEPT THAT THE MANAGEMENT MAY CHARGE FOR THE REASONABLE COSTS
OF CLEANING OR REPAIRING ACTUAL DAMAGES INCURRED
. THE
MANAGEMENT MAY RECUPERATE THE COST OF REPAIRS FOR ACTUAL
DAMAGES BEYOND NORMAL WEAR AND TEAR THAT WERE CAUSED BY A
HOME OWNER BY RETAINING A PORTION OF A HOME OWNER
'S SECURITY
DEPOSIT
.
(3)  I
F REQUESTED BY A HOME OWNER OR RESIDENT , THE LANDLORD
OF A MOBILE HOME PARK SHALL
, WITHIN THIRTY DAYS OF RECEIVING THE
REQUEST
, HOST AND ATTEND A FREE , PUBLIC, ACCESSIBLE MEETING FOR
RESIDENTS OF THE PARK
; EXCEPT THAT A LANDLORD IS NOT REQUIRED TO
HOST AND ATTEND MORE THAN TWO M EETINGS IN A CALENDAR YEAR
.
N
OTICE OF THE DATE, TIME, AND LOCATION OF THE MEETING MUST BE
POSTED IN BOTH 
ENGLISH AND SPANISH IN A CLEARLY VISIBLE LOCATION IN
COMMON AREAS OF THE MOBILE HOME PARK
, INCLUDING ANY COMMUNITY
HALL OR RECREATION HALL
, FOR A PERIOD OF SEVEN DAYS BEFORE THE
MEETING AND MUST BE PROVIDED BY MAIL AT LEAST FOURTEEN DAYS
BEFORE THE MEETING TO EACH HOME OWNERS
' ASSOCIATION, RESIDENTS'
ASSOCIATION, OR SIMILAR BODY THAT REPRESENTS THE RESIDENTS OF THE
PARK
. IN ADDITION TO MAILING THE NOTICE AS REQUIRED BY THIS SECTION ,
THE LANDLORD SHALL PROVIDE NOTICE OF THE MEETING BY E -MAIL TO EACH
HOME OWNER AND RESIDENT WHO HAS AN E
-MAIL ADDRESS ON FILE WITH
THE LANDLORD
.
PAGE 8-HOUSE BILL 22-1287 SECTION 9. In Colorado Revised Statutes, 38-12-209, repeal (3)
and (4) as follows:
38-12-209.  Entry fees prohibited - security deposit. (3)  The trial
judge may award court costs and attorney fees in any court action brought
pursuant to any provision of this part 2 to the prevailing party upon finding
that the prevailing party undertook the court action and legal representation
for a legally sufficient reason and not for a dilatory or unfounded cause.
(4)  The management or a resident may bring a civil action for
violation of the rental agreement or any provision of this part 2 in the
appropriate court of the county in which the park is located. Either party
may recover actual damages or the court may in its discretion award such
equitable relief as it deems necessary, including the enjoining of either party
from further violations.
SECTION 10. In Colorado Revised Statutes, 38-12-211, amend (1)
as follows:
38-12-211.  Selling and transfer fees prohibited - "for sale" signs
permitted. (1)  Neither the owner of a mobile home park nor the owner's
agent may A LANDLORD SHALL NOT require payment of any type of selling
fee or transfer fee by either a home owner in the park wishing to sell the
home owner's mobile home to another party, 
A HOME OWNER WISHING TO
REMOVE THE HOME OWNER
'S MOBILE HOME FROM THE PARK, or by
 any party
wishing to buy a mobile home from a home owner in the park as a condition
of tenancy in a park for the prospective buyer. T
HIS SUBSECTION (1) DOES
NOT PROHIBIT THE LANDLORD FROM CHARGING A RENTAL APPLICATION FEE
THAT COMPLIES WITH SECTION 
38-12-903 IF THE PROSPECTIVE BUYER IS
BUYING THE MOBILE HOME IN PLACE AND IS APPLYING FOR TENANCY IN THE
PARK
.
SECTION 11. In Colorado Revised Statutes, 38-12-212.3, amend
(1)(b) introductory portion, (1)(b)(II), (3), (4)(b), (5), (6) introductory
portion, (6)(c), and (6)(d) as follows:
38-12-212.3.  Responsibilities of landlord - acts prohibited.
(1) (b)  If a landlord fails to maintain or repair the items described in
subsection (1)(a)(II) 
OR (2)(b) of this section:
PAGE 9-HOUSE BILL 22-1287 (II)  The landlord is responsible for and shall pay the cost of
providing alternative sources of potable water and maintaining portable
toilets, which portable toilets are located reasonably near affected mobile
homes in a manner that renders them accessible to people with disabilities,
no later than twenty-four
 TWELVE hours after the service disruption begins,
unless conditions beyond the landlord's control prevent compliance with
this subsection (1)(b)(II); and
(3)  A landlord shall not require a resident to assume any of the
responsibilities described in subsection (1) or (2) of this section as a
condition of any home owner's
 tenancy in the park.
(4)  Nothing in this section may be construed as:
(b)  Restricting a landlord from requiring a home owner 
OR RESIDENT
to comply with rules and regulations of the park that are enforceable
pursuant to section 38-12-214 or with terms of the rental agreement and any
covenants binding upon the landlord or home owner 
OR RESIDENT, including
covenants running with the land that pertain to the cleanliness of the home
owner's 
OR RESIDENT'S lot and routine lawn and yard maintenance, and
excluding major landscaping projects.
(5)  A landlord shall establish and maintain an emergency contact
number, post the number in common areas of the park, and communicate
the number to home owners 
AND RESIDENTS in each rental agreement and
each revision of the park rules and regulations. A home owner 
OR RESIDENT
who uses the emergency contact number in a timely manner to report a
problem with a condition described in subsection (1) or (2) of this section
is deemed to have provided notice to the landlord of the problem.
(6)  If a landlord fails to comply with the requirements of this
section, a home owner of the park may file a complaint with the division of
housing pursuant to the "Mobile Home Park Act Dispute Resolution and
Enforcement Program" created in section 38-12-1104. O
N AND AFTER JULY
1, 2024, OR EARLIER IF ALLOWED BY THE DIVISION, A RESIDENT WHO DOES
NOT OWN A MOBILE HOME IN THE PARK
, A LOCAL GOVERNMENT , OR A
NONPROFIT MAY FILE SUCH A COMPLAINT
. If the division finds by a written
determination that the landlord has violated this section, the division may:
(c)  Require the landlord to reduce the rent owed by a home owner
PAGE 10-HOUSE BILL 22-1287 OR RESIDENT on a prorated basis to reflect the home owner's OR RESIDENT'S
loss of use of the mobile home space; or
(d)  Require the landlord to compensate a home owner 
OR RESIDENT
for housing expenses on a per diem basis if the home owner OR RESIDENT
is displaced from the home owner's
 mobile home as a result of the landlord's
violation.
SECTION 12. In Colorado Revised Statutes, 38-12-212.4, amend
(1) introductory portion, (1)(a), (1)(b), (2), (3), (4), (5), and (6) as follows:
38-12-212.4.  Required disclosure and notice of water usage and
billing - responsibility for leaks. (1)  If the management charges home
owners 
OR RESIDENTS individually for water usage in the park, then, on or
before January 31 of each year, the management shall provide to each home
owner 
AND RESIDENT and post IN BOTH ENGLISH AND SPANISH in a clearly
visible location in at least one common area of the mobile home park the
following information:
(a)  The methodology by which the management calculates the
amount charged to each home owner 
OR RESIDENT for water usage on the
home owner's 
OR RESIDENT'S lot;
(b)  The methodology by which the management calculates the
amount charged to each home owner 
OR RESIDENT for water usage in
common areas of the mobile home park; and
(2)  If the management charges home owners 
OR RESIDENTS for water
usage in the park, whether individually or in an aggregate amount, the
management shall provide to each home owner 
OR RESIDENT a monthly
water bill that indicates the amount owed by the home owner 
OR RESIDENT,
the total amount owed by all the residents in the mobile home park, and, if
the management purchases the water from a provider, the total amount paid
by the management to the provider.
(3)  The management shall not charge a home owner 
OR RESIDENT
for any costs in addition to the actual cost of water billed to the
management.
(4)  The management shall use a methodology that is reasonable,
PAGE 11-HOUSE BILL 22-1287 equitable, and consistent for billing home owners OR RESIDENTS for any
type of water usage.
(5)  If the management learns of a leak in a water line inside the
park, the management shall notify each home owner 
AND RESIDENT of the
leak within twenty-four hours.
(6)  The management shall not bill a home owner 
OR RESIDENT for
any water usage that is caused by a leak in a water line inside the park.
SECTION 13. In Colorado Revised Statutes, 38-12-212.5, amend
(1), (2) introductory portion, (3)(a), and (5); and add (2)(e) and (4.5) as
follows:
38-12-212.5.  Prohibition on retaliation and harassment. (1)  The
management shall not take retaliatory action against a home owner 
OR
RESIDENT
 who exercises any right conferred upon the home owner OR
RESIDENT
 by this part 2, part 11 of this article 12, or any other provision of
law.
(2)  Except as described in subsection (3) of this section, in an action
or administrative proceeding by or against a home owner 
OR RESIDENT, the
management's action is presumed to be retaliatory if, within the one hundred
twenty days preceding the management's action, the home owner 
OR
RESIDENT
:
(e)  P
ARTICIPATED IN A VOTE OR DECISION MAKING PROCESS
CONCERNING THE OPPORTUNITY TO PURCHASE THE MOBILE HOME PARK
PURSUANT TO SECTION 
38-12-217.
(3)  The presumption of retaliatory action described in subsection (2)
of this section does not apply to an action or administrative hearing where
the management:
(a)  Addresses nonpayment of rent by a home owner 
OR RESIDENT,
as described in section 38-12-204; or
(4.5)  T
HE MANAGEMENT SHALL NOT :
(a)  H
ARASS, INTIMIDATE, OR THREATEN, OR ATTEMPT TO HARASS,
PAGE 12-HOUSE BILL 22-1287 INTIMIDATE, OR THREATEN, ANY PERSON FOR FILING OR ATTEMPTING TO FILE
A COMPLAINT
, JOINING OR ATTEMPTING TO JOIN AN ASSOCIATION OF
RESIDENTS OR HOME OWNERS
, ENGAGING IN ACTIVITIES TO PROMOTE THE
ORGANIZING AND EDUCATION OF RESIDENTS AND HOME OWNERS
, OR VOTING
OR ATTEMPTING TO VOTE ON A MATTER BEFORE THE ASSOCIATION OF
RESIDENTS OR HOME OWNERS
; OR
(b)  COERCE OR REQUIRE A PERSON TO SIGN AN AGREEMENT .
(5)  The rights and remedies provided by this section are available
to home owners 
AND RESIDENTS in addition to the anti-retaliation protection
provided in section 38-12-1105 (13).
SECTION 14. In Colorado Revised Statutes, 38-12-213, amend (5)
introductory portion; and add (5)(b.5) and (7) as follows:
38-12-213.  Rental agreement - disclosure of terms in writing -
prohibited provisions. (5)  A rental agreement may
 SHALL not include any
provision:
(b.5)  T
HAT REQUIRES A HOME OWNER TO WAIVE THE OPPORTUNITY
TO PURCHASE THE PARK ALLOWED UNDER SECTION
 38-12-217.
(7)  I
T IS A VIOLATION OF THIS PART 2 FOR THE MANAGEMENT TO
REQUIRE A HOME OWNER TO SIGN A NEW LEASE OR AGREEMENT IN
VIOLATION OF THIS SECTION OR TO MISLEAD A HOME OWNER ABOUT THE
HOME OWNER
'S OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT .
SECTION 15. In Colorado Revised Statutes, 38-12-214, amend (1)
introductory portion, (1)(e), (2), and (3)(a); and add (2.5) and (2.7) as
follows:
38-12-214.  Rules and regulations - amendments - notice -
complaints. (1)  The management shall adopt written rules and regulations
concerning 
RESIDENTS' OR home owners' use and occupancy of the
premises. Except as otherwise provided in this section, such rules and
regulations are enforceable against a 
RESIDENT OR home owner only if:
(e)  They are established in the rental agreement at the inception of
the tenancy, amended subsequently with the 
WRITTEN consent of the home
PAGE 13-HOUSE BILL 22-1287 owner, or, except as described in subsection (2) of this section, amended
subsequently without the 
WRITTEN consent of the home owner after the
management has provided written notice of the amendments to the home
owner at least sixty days before the amendments become effective, and, if
applicable, enforced in compliance with subsection (3) of this section.
(2)  When a mobile home 
OR ANY ACCESSORY BUILDING OR
STRUCTURE
 is owned by a person other than the owner of the mobile home
park in which the mobile home is located, the mobile home is
 AND
ACCESSORY BUILDING OR STRUCTURE ARE EACH
 a separate unit of
ownership. and rules and regulations that impose
 THE ACCESSORY BUILDING
OR STRUCTURE ARE EACH PRESUMED TO BE OWNED BY THE OWNER OF THE
MOBILE HOME UNLESS THERE IS A WRITTEN AGREEMENT ESTABLISHING
OWNERSHIP BY ANOTHER PERSON
. IF A RULE OR REGULATION REQUIRES A
HOME OWNER TO INCUR A COST OR IMPOSES
 restrictions or requirements on
that separate unit that are adopted after the home owner signs the rental
agreement and without the consent of the home owner are THE HOME
OWNER
'S RIGHT TO CONTROL WHAT HAPPENS IN OR TO THEIR MOBILE HOME
AND ANY ACCESSORY BUILDING OR STRUCTURE AS A SEPARATE UNIT OF
OWNERSHIP
, INCLUDING WITHOUT LIMITATION, TO CONTROL THE STRUCTURE
AND APPEARANCE OF THE MOBILE HOME
, BUILDING, OR STRUCTURE; WHO
VISITS THE MOBILE HOME
, BUILDING, OR STRUCTURE OR WHO RESIDES IN THE
MOBILE HOME
, BUILDING, OR STRUCTURE, PROVIDED THE PERSON WHO
RESIDES IN THE MOBILE HOME
, BUILDING, OR STRUCTURE WAS PREVIOUSLY
APPROVED AS A RESIDENT OF THE PARK
; AND LAWFUL ACTIVITIES TAKING
PLACE IN THE MOBILE HOME
, BUILDING, OR STRUCTURE THE RULE OR
REGULATION IS
 presumed unreasonable Nothing in this subsection (2)
prohibits the management from requiring compliance with park rules and
regulations at the time of sale or transfer to a new owner; except that, as
used in this subsection (2), "transfer" does not include a transfer of
ownership pursuant to death or divorce or a transfer of ownership to a new
co-owner pursuant to marriage PURSUANT TO SUBSECTION (1)(c) OF THIS
SECTION UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR
REGULATION
:
(a)  I
S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY
OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE
PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS REASONABLY
POSSIBLE
;
PAGE 14-HOUSE BILL 22-1287 (b)  IS STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A
FEDERAL
, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING LOCAL
NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER RESIDENTS
;
(c)  I
S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT
COERCION OR MISREPRESENTATION BY MANAGEMENT
, IN WHICH CASE THE
RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE
COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION
; OR
(d)  IN A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS
ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN
ACCORDANCE WITH THE ORGANIZATION
'S BYLAWS AND MORE THAN FIFTY
PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION
.
(2.5) (a)  S
UBSECTION (2) OF THIS SECTION DOES NOT PROHIBIT THE
MANAGEMENT FROM REQUIRING COMPLIANCE BY A NEW HOME OWNER WITH
PARK RULES AND REGULATIONS THAT WERE NOT ENFORCEABLE AGAINST THE
PREVIOUS HOME OWNER AFTER THE SALE OR TRANSFER OF A MOBILE HOME
OR ACCESSORY BUILDING OR STRUCTURE AS DESCRIBED IN SUBSECTION
(2.5)(b) OF THIS SECTION PROVIDED THAT THE RULES OR REGULATIONS
COMPLY WITH THIS SECTION AND HAVE BEEN DULY NOTICED TO ALL HOME
OWNERS AND RESIDENTS
, INCLUDING THE SELLER, PURSUANT TO SUBSECTION
(1)(e) OF THIS SECTION; EXCEPT THAT, AS USED IN THIS SUBSECTION (2.5),
"
TRANSFER" DOES NOT INCLUDE A TRANSFER OF OWNERSHIP PURSUANT TO
DEATH OR DIVORCE OR A TRANSFER OF OWNERSHIP TO A NEW CO
-OWNER
WHO IS AN IMMEDIATE FAMILY MEMBER
, SPOUSE, OR DOMESTIC PARTNER OF
THE HOME OWNER
.
(b)  T
HE MANAGEMENT SHALL NOT REQUIRE A HOME OWNER SELLING
A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE TO ENSURE THAT
THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE COMPLIES WITH
ANY RULES OR REGULATIONS BY THE CLOSING DATE OF THE SALE OR TO BEAR
THE COSTS OF COMPLIANCE WITH ANY SUCH RULES OR REGULATIONS
. IF THE
MANAGEMENT REQUIRES ALL PROSPECTIVE BUYERS TO COMPLY WITH SUCH
RULES AND REGULATIONS AS A CONDITION OF GAINING TENANCY IN THE
PARK
, THE MANAGEMENT SHALL PROMPTLY PROVIDE A WRITTEN LIST OF
ITEMS FOR WHICH THE MANAGEMENT REQUIRES ACTION TO THE SELLER UPON
RECEIVING NOTICE THAT THE MOBILE HOME IS FOR SALE
. THE SELLER SHALL
PROVIDE THE LIST TO ALL PROSPECTIVE BUYERS AND THE MANAGEMENT
SHALL PROVIDE THE LIST TO THE BUYER UPON RECEIVING AN APPLICATION
PAGE 15-HOUSE BILL 22-1287 FOR TENANCY. THE MANAGEMENT SHALL ALLOW A REASONABLE AMOUNT
OF TIME AFTER CLOSING FOR THE BUYER TO BRING THE MOBILE HOME OR
ACCESSORY BUILDING OR STRUCTURE INTO COMPLIANCE
, WHICH MUST BE AT
LEAST THIRTY DAYS FROM THE CLOSING DATE
.
(2.7) (a)  N
OTWITHSTANDING ANY RENTAL AGREEMENT , THE
MANAGEMENT SHALL NOT INTERFERE WITH A HOME OWNER
'S RIGHT TO SELL
A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE
, IN PLACE OR
OTHERWISE
, TO A BUYER OF THE HOME OWNER'S CHOOSING REGARDLESS OF
THE AGE OF THE HOME EXCEPT AS NECESSARY FOR THE MANAGEMENT TO
ENSURE
:
(I)  C
OMPLIANCE WITH PARK-WIDE AFFORDABILITY RESTRICTIONS ,
INCLUDING REQUIREMENTS FOR OWNER OCCUPANCY ;
(II)  T
HE FINANCIAL ABILITY OF THE HOME BUYER TO COMPLY WITH
THE BUYER
'S OBLIGATIONS AS A NEW TENANT;
(III)  C
OMPLIANCE WITH APPLICABLE LOCAL , STATE, OR FEDERAL
LAW
; AND
(IV)  THE ABSENCE OF A HOME BUYER 'S RELEVANT CRIMINAL
HISTORY THAT WOULD INDICATE A REASONABLE CHANCE OF RISK TO OTHER
RESIDENTS IN ACCORDANCE WITH SECTION 
38-12-904 (1)(b).
(b)  A
 PROVISION IN A RENTAL AGREEMENT THAT LIMITS OR
RESTRICTS A HOME OWNER
'S RIGHT TO SELL A MOBILE HOME OR ACCESSORY
BUILDING OR STRUCTURE TO A BUYER OF THE HOME OWNER
'S CHOOSING
OTHER THAN AS ALLOWED BY THIS SUBSECTION 
(2.7) IS UNENFORCEABLE.
(3) (a)  If the management provides each home owner written notice
of the management's intent to add or amend any written rule or regulation
as described in subsection (1)(e) of this section, a home owner may file a
complaint challenging the rule, regulation, or amendment pursuant to
section 38-12-1105 within sixty days after receiving the notice. If a home
owner files such a complaint, and the new or amended rule or regulation
will increase a cost to the home owner in an amount that equals or exceeds
ten percent of the home owner's monthly rent obligation under the rental
agreement, the management shall not enforce the rule, regulation, or
amendment unless and until the parties reach an agreement concerning the
PAGE 16-HOUSE BILL 22-1287 rule, regulation, or amendment or the dispute resolution process concludes
and the division of housing within the department of local affairs issues a
written determination, pursuant to section 38-12-1105 (4), that the rule,
regulation, or amendment does not constitute a violation of this part 2 and
may be enforced. Notwithstanding any provision of part 11 of this article 12
to the contrary, as part of the complaint process described in section
38-12-1105, the management has the burden of establishing that the rule,
regulation, or amendment satisfies the requirements described in subsection
(1) SUBSECTIONS (1) AND (2) of this section.
SECTION 16. In Colorado Revised Statutes, 38-12-217, amend
(1), (2), (3), (4)(a), (4)(b), (5) introductory portion, (5)(a), (5)(b), (6), (7),
(8), (9), (10)(a), and (14)(a); and repeal and reenact, with amendments,
(15) as follows:
38-12-217.  Notice of change of use - notice of sale or closure of
park - opportunity for home owners to purchase - procedures -
exemptions - enforcement - private right of action - definition.
(1)  Except as specified in subsection (12) of this section:
(a) (I)  A mobile home park owner
 LANDLORD shall notify the owners
of all mobile homes in the park and the municipality in which the park is
situated or, if none, the county in which the park is situated PROVIDE NOTICE
of the park owner's LANDLORD'S intent to change the use of the land
comprising the park or to sell the park WITHIN FOURTEEN DAYS OF A
TRIGGERING EVENT DEMONSTRATING THE LANDLORD
'S INTENT TO SELL. THE
NOTICE MUST BE GIVEN IN ACCORDANCE WITH THE REQUIREMENTS OF
SUBSECTION 
(2) OF THIS SECTION.
(II)  A
 TRIGGERING EVENT REQUIRING NOTICE UNDER THIS
SUBSECTION
 (1)(a) INCLUDES ANY TIME THE LANDLORD :
(A)  S
IGNS A CONTRACT WITH A REAL ESTATE BROKER OR
BROKERAGE FIRM TO LIST THE PARK FOR SALE OR TO SELL OR TRANSFER THE
PARK
;
(B)  S
IGNS A LETTER OF INTENT, OPTION TO SELL OR BUY, OR OTHER
CONDITIONAL WRITTEN AGREEMENT WITH A POTENTIAL BUYER FOR THE SALE
OR TRANSFER OF THE PARK
, WHICH INCLUDES THE ESTIMATED PRICE, TERMS,
AND CONDITIONS OF THE PROPOSED SALE OR TRANSFER , EVEN IF SUCH PRICE,
PAGE 17-HOUSE BILL 22-1287 TERMS, OR CONDITIONS ARE SUBJECT TO CHANGE ;
(C)  S
IGNS A CONTRACT WITH A POTENTIAL BUYER 'S REAL ESTATE
BROKER OR BROKERAGE FIRM RELATED TO THE POTENTIAL SALE OR
TRANSFER OF THE PARK
;
(D)  A
CCEPTS AN EARNEST MONEY PROMISSORY NOTE OR DEPOSIT
FROM A POTENTIAL BUYER FOR THE SALE OR TRANSFER OF THE PARK
;
(E)  R
ESPONDS TO A POTENTIAL BUYER 'S DUE DILIGENCE REQUEST
FOR THE PARK
;
(F)  P
ROVIDES A SIGNED PROPERTY DISCLOSURE FORM FOR THE PARK
TO A POTENTIAL BUYER
;
(G)  L
ISTS THE PARK FOR SALE;
(H)  M
AKES A CONDITIONAL ACCEPTANCE OF AN OFFER FOR THE SALE
OR TRANSFER OF THE PARK
;
(I)  T
AKES ANY OTHER ACTION DEMONSTRATING AN INTENT TO SELL
THE PARK
; OR
(J)  RECEIVES A NOTICE OF ELECTION AND DEMAND OR LIS PENDENS
RELATED TO FORECLOSURE OF THE PARK PURSUANT TO PART 
1 OF ARTICLE
38 OF THIS TITLE 38 OR A NOTICE THAT A CERTIFICATE OF LEVY HAS BEEN
FILED RELATED TO THE PARK PURSUANT TO SECTION 
13-56-101;
(b)  If a mobile home park owner intends
 A LANDLORD SHALL
PROVIDE NOTICE OF THE LANDLORD
'S INTENT to change the use of the land
comprising the mobile home park the mobile home park owner shall givewritten notice to each home owner IN ACCORDANCE WITH THE
REQUIREMENTS OF SUBSECTION 
(2) OF THIS SECTION at least twelve months
before the change in use will occur. The mobile home park owner shall mailthe written notice to each home owner at the home owner's most recent
address and shall post a copy of the notice in a conspicuous place on the
mobile home or at the main point of entry to the lot.
(c)  No earlier than thirty NINETY days after giving the notice
required by this subsection (1), or subsection (2) SUBSECTION (1)(a) of this
PAGE 18-HOUSE BILL 22-1287 section, a mobile home park owner LANDLORD may post information in a
public space in the mobile home park describing the method for providing
a signed writing to the mobile home park owner related to the opportunity
to purchase. The posting may
 MUST include standard forms CREATED BY
THE DEPARTMENT OF LOCAL AFFAIRS
 related to the opportunity to purchase
AND THE RIGHTS OF MOBILE HOME PARK OWNERS RELATED TO THE
OPPORTUNITY TO PURCHASE
, including a STANDARDIZED form DEVELOPED
BY THE DEPARTMENT OF LOCAL AFFAIRS
 for providing notice that a
 THE
LANDLORD TO USE TO REQUEST THE SIGNATURES OF
 home owner does notwish OWNERS WHO DECLINE to participate in efforts to purchase a
community. If, no earlier than thirty NINETY days after a mobile home park
owner LANDLORD provides the notice required by this subsection (1), or
subsection (2) SUBSECTION (1)(a) of this section, at least fifty percent of the
home owners who reside in the park provide signed writings to the mobile
home park owner expressing no interest LANDLORD DECLINING TO
PARTICIPATE
 in purchasing the park, then the opportunity to purchase
provided by subsection (4) of this section shall terminate
 TERMINATES even
if the ninety-day ONE-HUNDRED-TWENTY-DAY period provided for in
subsection (4)(a) of this section has not yet elapsed.
(d)  A mobile home park owner LANDLORD shall not solicit or
request a home owner's intention or a signed writing related to the
opportunity to purchase during the initial thirty
 NINETY days after giving
notice pursuant to this subsection (1). or subsection (2) SUBSECTION (1)(a)
of this section. At no time During the time period for considering an
opportunity to purchase, 
A LANDLORD shall a mobile home park owner
 NOT
attempt to coerce, THREATEN, OR INTIMIDATE A HOME OWNER or provide any
financial or in-kind incentives to a home owner to influence the
homeowner's
 HOME OWNER'S VOTE OR decision AND SHALL NOT TAKE
RETALIATORY ACTION AGAINST A HOME OWNER AFTER THE HOME OWNER
'S
VOTE OR DECISION
. Any complaints alleging violation of this subsection (1)
may be resolved under part 11 of this article 12 
AND SUBSECTION (15) OF
THIS SECTION
.
(2)  Notice - requirements. In addition to the notice specified in
subsection (1) of this section, and except as specified in subsection (12) of
this section:
(a)  A landlord shall give notice to each home owner in the mobile
home park upon any of the following triggering events:
PAGE 19-HOUSE BILL 22-1287 (I)  The landlord lists the park for sale;
(II)  The landlord intends to make a final, unconditional acceptance
of an offer for the sale or transfer of the park; or
(III)  The landlord receives:
(A)  A notice of election and demand or lis pendens related to
foreclosure of the park pursuant to part 1 of article 38 of this title 38; or
(B)  Notice that a certificate of levy has been filed related to the park
pursuant to section 13-56-101.
(b)  Within fourteen days after the date on which any of the events
described in subsection (2)(a) of this section occur,
(a)  TO PROVIDE NOTICE AS REQUIRED BY SUBSECTION (1)(a) OR
(1)(b) OF THIS SECTION, the landlord shall mail the notice required by this
section IN BOTH ENGLISH AND SPANISH by certified mail to:
(I)  Each home owner, using the most recent address of the home
owner, and shall post a copy of the notice in a conspicuous place on the
mobile home or at the main point of entry to the lot;
(II)  The municipality or, if the park is in an unincorporated area, the
county within which the park is located;
(III)  The division of housing in the department of local affairs; and
(IV)  Each home owners' association, residents' association, or
similar body that represents the residents of the park.
(b)  I
N ADDITION TO MAILING THE NOTICE, THE LANDLORD SHALL:
(I)  P
ROVIDE THE NOTICE IN BOTH ENGLISH AND SPANISH BY E-MAIL
TO EACH RESIDENT WHO HAS AN E
-MAIL ADDRESS ON FILE WITH THE
LANDLORD
; AND
(II) (A)  POST THE NOTICE IN BOTH ENGLISH AND SPANISH IN A
CLEARLY VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME PARK
,
PAGE 20-HOUSE BILL 22-1287 INCLUDING ANY COMMUNITY HALL OR RECREATION HALL . THE NOTICE MUST
REMAIN PUBLICLY POSTED FOR A PERIOD OF AT LEAST ONE HUNDRED
TWENTY DAYS FROM THE DATE IT IS POSTED OR UNTIL THE OPPORTUNITY TO
PURCHASE HAS EXPIRED
.
(B)  T
HE LANDLORD SHALL MAKE A GOOD FAITH EFFORT TO COMPLY
WITH THE NOTICE REQUIREMENT IN SUBSECTION
 (2)(b)(II)(A) OF THIS
SECTION
. A GOOD FAITH EFFORT BY THE LANDLORD TO COMPLY WITH THE
NOTICE REQUIREMENT IN SUBSECTION
 (2)(b)(II)(A) OF THIS SECTION WILL
NOT RENDER A SALE OF A PARK TO BE OUT OF COMPLIANCE WITH THIS
SECTION
.
(3)  Contents of notice. The notice given pursuant to subsection (1)
or (2) SUBSECTION (1)(a) of this section must include notice of home
owners' rights 
AND REMEDIES under subsections (4) to (9) of
 this section. If
the triggering event involves a 
POTENTIAL sale, the notice must also include
a description of the property to be purchased, and
 the price, terms, and
conditions of an acceptable offer the landlord has received to sell the mobile
home park or the price or terms and conditions for which the landlord
intends to sell the park, 
AND ANY OTHER TERMS OR CONDITIONS WHICH , IF
NOT MET
, WOULD BE SUFFICIENT GROUNDS, IN THE LANDLORD'S DISCRETION,
TO REJECT AN OFFER FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES .
T
HE PRICE, TERMS, AND CONDITIONS STATED IN THE NOTICE MUST BE
UNIVERSAL AND APPLICABLE TO ALL POTENTIAL BUYERS
, AND MUST NOT BE
SPECIFIC TO AND PROHIBITIVE OF A GROUP OR ASSOCIATION OF HOME
OWNERS OR THEIR ASSIGNEES MAKING A SUCCESSFUL OFFER TO PURCHASE
THE PARK
. The information regarding the proposed sale and the price, terms,
and conditions of an acceptable offer may be shared for the purposes of
evaluating or obtaining financing for the prospective transaction, but all
persons who receive the information shall otherwise keep it confidential if
the park owner
 LANDLORD or the park owner's LANDLORD'S agent so
requests.
(4) Offer to purchase - who may submit - time limits. (a)  A group
or association of home owners or their assignees have ninety ONE HUNDRED
TWENTY
 days after the date that the landlord mails a notice under subsection(1) or (2) REQUIRED BY SUBSECTION (1)(a) of this section to:
(I)  Submit to the landlord a proposed purchase and sale agreement
and
PAGE 21-HOUSE BILL 22-1287 (II) obtain a binding commitment AN OFFER for any necessary
financing or guarantees; 
OR
(II)  SUBMIT TO THE LANDLORD AN ASSIGNMENT AGREEMENT
PURSUANT TO SUBSECTION 
(8) OF THIS SECTION.
(b)  Notwithstanding subsection (4)(a) of this section, if a foreclosure
sale of the park is scheduled for less than ninety
 ONE HUNDRED TWENTY
days after the landlord mails a notice under subsection (1) or (2) REQUIRED
BY SUBSECTION
 (1)(a) of this section, the opportunity granted by subsection
(4)(a) of this section terminates on the date of the foreclosure sale.
(5)  Landlord's duty to consider offer. A landlord that receives anoffer pursuant to HAS GIVEN NOTICE AS REQUIRED BY SUBSECTION (1)(a) OF
this section shall: not unreasonably refuse to:
(a)  Provide documents, data, and other information in response to
reasonable requests for information from a group or association of home
owners or their assignees participating in the opportunity to purchase that
would enable them to prepare an offer. The documents, data, and other
information provided may be shared for the purposes of evaluating or
obtaining financing for the prospective transaction, but all persons who
receive the information shall otherwise keep it confidential if the park
owner LANDLORD or the park owner's LANDLORD'S agent so requests.
(b) (I)  Negotiate in good faith with a group or association of home
owners or their assignees. or
(II)  FOR PURPOSES OF THIS SUBSECTION (5)(b), NEGOTIATING IN
GOOD FAITH INCLUDES
, BUT IS NOT LIMITED TO, EVALUATING AN OFFER TO
PURCHASE FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES WITHOUT
CONSIDERATION OF THE TIME PERIOD FOR CLOSING
, THE TYPE OF FINANCING
OR PAYMENT METHOD
, WHETHER OR NOT THE OFFER IS CONTINGENT ON
FINANCING OR PAYMENT METHOD
, OR WHETHER OR NOT THE OFFER IS
CONTINGENT ON FINANCING
, AN APPRAISAL, OR TITLE WORK, AND PROVIDING
A WRITTEN RESPONSE WITHIN SEVEN CALENDAR DAYS OF RECEIVING AN
OFFER FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES
. THE WRITTEN
RESPONSE MUST ACCEPT OR REJECT THE OFFER
, AND IF THE OFFER IS
REJECTED
, MUST STATE:
PAGE 22-HOUSE BILL 22-1287 (A)  THE CURRENT PRICE, TERMS, OR CONDITIONS OF AN ACCEPTABLE
OFFER THAT THE LANDLORD HAS RECEIVED TO SELL THE MOBILE HOME PARK
,
IF THE PRICE, TERMS, OR CONDITIONS HAVE CHANGED SINCE THE LANDLORD
GAVE NOTICE TO THE HOME OWNERS PURSUANT TO SUBSECTION 
(3) OF THIS
SECTION
; AND
(B)  A WRITTEN EXPLANATION OF WHY THE LANDLORD IS REJECTING
THE OFFER FROM A GROUP OF HOME OWNERS AND WHAT TERMS AND
CONDITIONS MUST BE INCLUDED IN A SUBSEQUENT OFFER FOR THE
LANDLORD TO POTENTIALLY ACCEPT IT
.
(III)  T
HE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE OFFER
STATED IN THE RESPONSE MUST BE UNIVERSAL AND APPLICABLE TO ALL
POTENTIAL BUYERS
, AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE OF A
GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES MAKING A
SUCCESSFUL OFFER TO PURCHASE THE PARK
.
(6) Expiration of opportunity to purchase. (a)  If the ninety-day
ONE-HUNDRED-TWENTY-DAY period provided for in subsection (4)(a) of this
section elapses and a group or association of home owners or their
assignees have not submitted a proposed purchase and sale agreement or
obtained a binding
 financial commitment, the group's or association's
opportunities provided by this section terminate.
(b)  A landlord shall give a group or association of home owners or
their assignees an additional ninety ONE HUNDRED TWENTY days after the
ninety-day ONE-HUNDRED-TWENTY-DAY period provided by subsection
(4)(a) of this section to close on the purchase of the mobile home park. 
(7) Extension or tolling of time. (a)  The ninety-day
ONE-HUNDRED-TWENTY-DAY periods described in subsections (4)(a) and
(6)(b) of this section may be extended by written agreement between the
landlord and the group or association of home owners or their assignees.
(b) (I)  T
HE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR
ASSIGNEES ARE ENTITLED TO TOLLING OF THE TIME PERIODS DESCRIBED IN
SUBSECTION
 (4)(a) AND (6)(b) OF THIS SECTION IN ANY OF THE FOLLOWING
CIRCUMSTANCES
:
(A)  I
F THERE IS A REASONABLE DELAY IN OBTAINING FINANCING OR
PAGE 23-HOUSE BILL 22-1287 A REQUIRED INSPECTION OR SURVEY OF THE LAND THAT IS OUTSIDE THE
CONTROL OF THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR
ASSIGNEES
, THE TIME PERIOD IS TOLLED FOR THE DURATION OF THE DELAY ;
(B)  I
F THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR
ASSIGNEE FILES A NONFRIVOLOUS COMPLAINT WITH THE DEPARTMENT OF
LOCAL AFFAIRS ALLEGING A VIOLATION OF THIS SECTION
, THE TIME PERIOD
IS TOLLED UNTIL THE DEPARTMENT OF LOCAL AFFAIRS ISSUES A WRITTEN
NOTICE OF VIOLATION OR NOTICE OF NONVIOLATION THAT HAS BECOME A
FINAL AGENCY ORDER DETERMINING WHETHER A VIOLATION HAS OCCURRED
OR THE PARTIES REACH A RESOLUTION BY SIGNING A SETTLEMENT
AGREEMENT APPROVED BY THE DEPARTMENT OF LOCAL AFFAIRS
; AND
(C)  IF THE GROUP OR ASSOCIATION OF HOME OWNERS HAS
ATTEMPTED TO ASSIGN THEIR RIGHTS PURSUANT TO SUBSECTION 
(8) OF THIS
SECTION
, THE TIME PERIOD IS TOLLED FROM THE TIME THE GROUP OR
ASSOCIATION MAKES THE OFFER OF ASSIGNMENT UNTIL THE POTENTIAL
ASSIGNEE EITHER CONFIRMS IN WRITING THAT THE OFFER IS REJECTED OR A
WRITTEN ASSIGNMENT CONTRACT IS EXECUTED
; EXCEPT THAT THE TIME
PERIOD SHALL NOT BE TOLLED FOR MORE THAN NINETY DAYS PURSUANT TO
THIS SUBSECTION
 (7)(b)(I)(C).
(8) Assignment of right to purchase. (a)  A group or association of
home owners or their assignees that have the opportunity to purchase under
subsection (4) of this section may assign their purchase right to a local or
state government, tribal government, housing authority, or nonprofit with
expertise related to housing, or to 
THE STATE OR an agency of the state, for
the purpose of continuing the use of the park.
(b) (I)  I
F A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR
ASSIGNEES COMPRISING MORE THAN FIFTY PERCENT OF HOME OWNERS IN A
PARK CHOOSE TO ASSIGN THEIR RIGHTS TO A PUBLIC ENTITY UNDER THIS
SUBSECTION 
(8), THE HOME OWNERS OR THEIR ASSIGNEES SHALL ENTER INTO
A WRITTEN ASSIGNMENT CONTRACT WITH THE PUBLIC ENTITY
. THE
ASSIGNMENT CONTRACT MUST INCLUDE THE TERMS AND CONDITIONS OF THE
ASSIGNMENT AND FOR HOW THE PARK WILL BE OPERATED IF THE PUBLIC
ENTITY PURCHASES THE PARK
. THE ASSIGNMENT CONTRACT MUST PROVIDE
THAT THE TERMS AND CONDITIONS ARE APPLICABLE TO ANY DESIGNEE
SELECTED BY THE PUBLIC ENTITY PURSUANT TO SUBSECTION
 (8)(b)(II) OF
THIS SECTION
. THE TERMS AND CONDITIONS MAY INCLUDE , BUT ARE NOT
PAGE 24-HOUSE BILL 22-1287 LIMITED TO:
(A)  A
NY DEED RESTRICTIONS THAT MAY BE REQUIRED OR PERMITTED
REGARDING THE LOTS OR THE HOUSES IN THE PARK
;
(B)  A
NY RESTRICTIONS ON RENT OR FEE INCREASES THAT APPLY IF
THE PUBLIC ENTITY PURCHASES THE PARK
;
(C)  A
NY REQUIRED CONDITIONS , SUCH AS THE REQUIRED
DEMONSTRATION OF APPROVAL FROM HOME OWNERS
, FOR REDEVELOPING OR
CHANGING THE USE OF SOME OR ALL OF THE PARK
;
(D)  A
 MANAGEMENT AGREEMENT FOR HOW THE PARK WILL BE
OPERATED IF THE PUBLIC ENTITY PURCHASES THE PARK
;
(E)  A
NY CHANGES TO PARK RULES OR REGULATIONS THAT APPLY IF
THE PUBLIC ENTITY PURCHASES THE PARK
; AND
(F)  ANY AGREEMENT BETWEEN THE PARTIES REGARDING THE
TRANSFER OF STATUTORY RESPONSIBILITIES ASSOCIATED WITH MANAGING
THE PARK
, AND ANY LIMITATIONS OR WAIVERS OF LIABILITY .
(II)  A
 PUBLIC ENTITY SHALL ONLY EXERCISE ITS RIGHT OF FIRST
REFUSAL FOR THE PURPOSE OF PRESERVING THE MOBILE HOME PARK AS
LONG
-TERM AFFORDABLE HOUSING . THE PUBLIC ENTITY MAY DESIGNATE A
HOUSING AUTHORITY OR OTHER POLITICAL SUBDIVISION TO PURCHASE THE
PARK PURSUANT TO THE PUBLIC ENTITY
'S RIGHT OF FIRST REFUSAL FOR THIS
PURPOSE IF THE OPTION FOR A DESIGNATION IS EXPRESSLY AGREED TO IN THE
ASSIGNMENT CONTRACT
.
(III)  T
HE PUBLIC ENTITY OR ITS DESIGNEE SHALL PROMPTLY PROVIDE
NOTICE OF THE ASSIGNMENT CONTRACT TO THE LANDLORD
.
(c) (I)  I
F A LANDLORD RECEIVES NOTICE THAT A GROUP OR
ASSOCIATION OF HOME OWNERS HAS ENTERED AN ASSIGNMENT CONTRACT
WITH A PUBLIC ENTITY PURSUANT TO SUBSECTION
 (8)(b) OF THIS SECTION,
THE LANDLORD SHALL PROVIDE A RIGHT OF FIRST REFUSAL TO THE PUBLIC
ENTITY OR ITS DESIGNEE
. ANY PURCHASE AND SALE AGREEMENT ENTERED
INTO BY THE LANDLORD MUST BE CONTINGENT UPON THE RIGHT OF FIRST
REFUSAL OF THE PUBLIC ENTITY OR ITS DESIGNEE TO PURCHASE THE MOBILE
PAGE 25-HOUSE BILL 22-1287 HOME PARK.
(II)  W
ITHIN THIRTY DAYS AFTER RECEIVING NOTICE OF AN
ASSIGNMENT CONTRACT
, THE LANDLORD SHALL PROVIDE THE PUBLIC ENTITY
OR ITS DESIGNEE WITH THE TERMS UPON WHICH THE LANDLORD WOULD
ACCEPT AN OFFER TO SELL THE PARK OR A CONTINGENT PURCHASE AND SALE
AGREEMENT THAT IS EFFECTIVE UPON ITS EXECUTION
. THE PUBLIC ENTITY
HAS ONE HUNDRED TWENTY DAYS FROM THE DATE THE PUBLIC ENTITY OR ITS
DESIGNEE RECEIVES THE TERMS OR CONTINGENT PURCHASE AND SALE
AGREEMENT TO NOTIFY THE LANDLORD OF THE PUBLIC ENTITY
'S INTENT TO
PURCHASE THE MOBILE HOME PARK OR OF THE PUBLIC ENTITY
'S INTENT TO
FACILITATE THE PURCHASE OF THE MOBILE HOME PARK BY ITS DESIGNEE
.
(III)  T
HE LANDLORD SHALL SELL THE MOBILE HOME PARK TO THE
PUBLIC ENTITY OR ITS DESIGNEE IF
, WITHIN THE ONE-HUNDRED-TWENTY-DAY
PERIOD
, THE PUBLIC ENTITY OR ITS DESIGNEE:
(A)  N
OTIFIES THE LANDLORD OF ITS INTENT TO PURCHASE THE PARK
OR FACILITATE THE PURCHASE OF THE PARK BY ITS DESIGNEE
;
(B)  A
CCEPTS THE CONTINGENT PURCHASE AND SALE AGREEMENT
PROVIDED BY THE LANDLORD OR OFFERS THE LANDLORD TERMS THAT ARE
ECONOMICALLY SUBSTANTIALLY IDENTICAL TO THE TERMS OF THE
CONTINGENT PURCHASE AND SALE AGREEMENT OR TO THE TERMS THE
LANDLORD PROVIDED PURSUANT TO SUBSECTION
 (8)(c)(II) OF THIS SECTION;
AND
(C)  COMMITS TO CLOSE WITHIN ONE HUNDRED TWENTY DAYS FROM
THE DATE THE PUBLIC ENTITY OR ITS DESIGNEE AND THE OWNER SIGN A
PURCHASE AND SALE AGREEMENT
.
(IV)  F
OR THE PURPOSE OF DETERMINING WHETHER THE TERMS OF AN
OFFER ARE ECONOMICALLY SUBSTANTIALLY IDENTICAL UNDER SUBSECTION
(8)(c)(III)(B) OF THIS SECTION, IT IS IMMATERIAL HOW THE OFFER WOULD BE
FINANCED
.
(d)  A
 LANDLORD SHALL NOT TAKE ANY ACTION THAT WOULD
PRECLUDE THE PUBLIC ENTITY OR ITS DESIGNEE FROM SUCCEEDING TO THE
RIGHTS OF AND ASSUMING THE OBLIGATIONS OF THE DESIGNEE OF THE TERMS
OF THE CONTINGENCY PURCHASE AND SALE AGREEMENT OR NEGOTIATING
PAGE 26-HOUSE BILL 22-1287 WITH THE LANDLORD FOR THE PURCHASE OF THE MOBILE HOME PARK DURING
THE NOTICE PERIODS IDENTIFIED IN THIS SECTION
.
(e)  I
N ADDITION TO ANY OTHER TIMES, DURING THE NOTICE PERIODS
IDENTIFIED IN THIS SECTION
, A PUBLIC ENTITY MAY PURSUE PRESERVATION
OF THE MOBILE HOME PARK AS AFFORDABLE HOUSING THROUGH
NEGOTIATION FOR PURCHASE OR THROUGH CONDEMNATION
.
(f)  A
S USED IN THIS SUBSECTION (8), "PUBLIC ENTITY" MEANS THE
STATE
, AN AGENCY OF THE STATE , A LOCAL GOVERNMENT , A TRIBAL
GOVERNMENT
, OR ANY POLITICAL SUBDIVISION OF THE STATE , A LOCAL
GOVERNMENT
, OR A TRIBAL GOVERNMENT.
(9) Independence of time limits and notice provisions. (a)  E
XCEPT
AS PROVIDED IN SUBSECTION
 (9)(b) OF THIS SECTION, each occurrence of a
triggering event listed in subsection (1) or (2)
 SUBSECTION (1)(a) of this
section creates an independent, ninety-day ONE-HUNDRED-TWENTY-DAY
opportunity to purchase for the group or association of home owners or their	assignees. If a ninety-day
 ONE-HUNDRED-TWENTY-DAY opportunity to
purchase is in effect and a new triggering event occurs, the ongoing
ninety-day
 ONE-HUNDRED-TWENTY-DAY time period terminates and a new
ninety-day ONE-HUNDRED-TWENTY-DAY time period begins on the latest
date on which the landlord gives notice, as required by subsection (1)
SUBSECTION (1)(a) or (2) of this section, of the new triggering event.
(b) (I)  A
 LANDLORD IS NOT REQUIRED TO PROVIDE A NEW OR
SUBSEQUENT NOTICE OF INTENT TO SELL FOR EACH TRIGGERING EVENT
LISTED IN SUBSECTION
 (1)(a) OF THIS SECTION IF:
(A)  T
HE NEW DEMONSTRATION OF INTENT OCCURS WITHIN SIXTY
CALENDAR DAYS OF THE CERTIFIED MAILING OF THE MOST RECENT NOTICE
UNDER SUBSECTION 
(2) OF THIS SECTION; AND
(B)  THERE ARE NO MATERIAL CHANGES TO THE IDENTITY OF A
POTENTIAL BUYER IF THE LANDLORD HAS MADE A CONDITIONAL AGREEMENT
WITH A BUYER
; TO THE TIME WHEN THE PARK IS LISTED FOR SALE; OR TO THE
PRICE
, TERMS, AND CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD
HAS RECEIVED TO SELL THE MOBILE HOME PARK OR FOR WHICH THE
LANDLORD INTENDS TO SELL THE PARK
, WHICH WERE INCLUDED IN THE MOST
RECENT NOTICE PROVIDED PURSUANT TO SUBSECTION
 (1)(a) OF THIS
PAGE 27-HOUSE BILL 22-1287 SECTION.
(II)  A
NY MATERIAL CHANGE TO THE PRICE, TERMS, AND CONDITIONS
OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO SELL THE
MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO SELL THE
PARK IS CONSIDERED A NEW TRIGGERING EVENT
, REQUIRING A NEW NOTICE
PURSUANT TO SUBSECTION
 (1)(a) OF THIS SECTION AND CREATING A NEW
ONE
-HUNDRED-TWENTY-DAY TIME PERIOD.
(b)
 (c)  A notice required under this section is in addition to, and
does not substitute for or affect, any other notice requirement under this part
2.
(10)  A landlord shall not make a final, unconditional acceptance of
any offer for the sale or transfer of the park until:
(a)  The landlord has considered an offer made by a group or
association of home owners or their assignees pursuant to subsections (4),
and
 (5), AND (8) of this section; or
(14)  Triggering events not essential. (a)  A group or association of
home owners or their assignees may submit an offer to purchase to a
landlord at any time, even if none of the events listed in subsection (1) or
(2) SUBSECTION (1)(a) of this section has occurred.
(15)  Penalties and enforcement. (a) (I)  F
OR PURPOSES OF THIS
TITLE 
38, THE RIGHTS ACCORDED TO HOME OWNERS IN THIS SECTION ARE
PROPERTY INTERESTS
.
(II)  A
NY TITLE TRANSFERRED SUBSEQUENT TO THE TRIGGERING
EVENTS IN SUBSECTION
 (1)(a) OF THIS SECTION IS DEFECTIVE UNLESS THE
PROPERTY INTERESTS OF THE HOME OWNERS AS SET FORTH IN SUBSECTION
(15)(a)(I) OF THIS SECTION ARE SECURED OR UNTIL AN EQUITABLE REMEDY
HAS BEEN PROVIDED
.
(b)  I
F THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL
AFFAIRS RECEIVES A COMPLAINT FILED IN ACCORDANCE WITH PART 
11 OF
THIS ARTICLE 
12, THE DIVISION SHALL INVESTIGATE THE ALLEGED
VIOLATIONS AT THE DIVISION
'S DISCRETION, AND, IF APPROPRIATE,
FACILITATE NEGOTIATIONS BETWEEN THE COMPLAINANT AND RESPONDENT
PAGE 28-HOUSE BILL 22-1287 IN ACCORDANCE WITH PART 11 OF THIS ARTICLE 12. THE DIVISION MAY ALSO
INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION UPON ITS OWN
INITIATIVE
. IN ADDITION TO THE REMEDIES DESCRIBED IN SECTION
38-12-1105, THE DIVISION MAY:
(I)  I
MPOSE A FINE ON THE SELLER OF THE MOBILE HOME PARK IN AN
AMOUNT NOT TO EXCEED THIRTY PERCENT OF THE SALE OR LISTING PRICE OF
THE PARK
, WHICHEVER IS GREATER, WHICH THE DIVISION SHALL DISTRIBUTE
TO THE HOME OWNERS IN THE PARK
; OR
(II)  FILE A CIVIL ACTION FOR INJUNCTIVE OR OTHER RELIEF IN THE
DISTRICT COURT FOR THE DISTRICT IN WHICH THE PARK IS LOCATED
.
(c)  S
UBJECT TO AVAILABLE RESOURCES , THE ATTORNEY GENERAL
MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION
. IF THE ATTORNEY
GENERAL MAKES A PRELIMINARY FINDING THAT A LANDLORD OR SELLER OF
A MOBILE HOME PARK SUBSTANTIALLY FAILED TO COMPLY WITH THIS
SECTION
, AND IF CONTINUATION OF THE SALE IS LIKELY TO RESULT IN
SIGNIFICANT HARM TO THE PROPERTY INTERESTS OF THE HOME OWNERS AS
SET FORTH IN SUBSECTION
 (15)(a)(II) OF THIS SECTION, THE ATTORNEY
GENERAL
:
(I)  S
HALL INFORM THE REGISTRAR OF TITLES THAT THE HOME
OWNERS WITH PROPERTY INTERESTS UNDER THIS SECTION HAVE AN ADVERSE
CLAIM ON THE PROPERTY
, WHICH MUST BE RECORDED ON THE CERTIFICATE
OF TITLE
;
(II)  M
AY, PURSUANT TO SECTION 38-36-131 AND SUBJECT TO THE
TIME LIMITS OF SECTION 
38-36-132, ISSUE AN ORDER PROVIDING TEMPORARY
INJUNCTIVE RELIEF TO PRESERVE THE OWNERSHIP STATUS QUO IF THE ORDER
IS ISSUED PRIOR TO A TRANSFER OF TITLE
, OR TO REVERT THE OWNERSHIP TO
STATUS QUO ANTE SUBJECT TO THE LIMITATIONS OF ARTICLE 
41 OF THIS
TITLE 
38 IF THE ORDER IS ISSUED AFTER THE TRANSFER OF TITLE;
(III)  M
AY CONTINUE TO INVESTIGATE , NEGOTIATE, AND, IF
APPROPRIATE
, FILE A CIVIL ACTION TO SECURE AND ENFORCE THE RIGHTS OF
HOME OWNERS UNDER THIS SECTION OR TO SECURE AN EQUITABLE REMEDY
ON THEIR BEHALF
.
(d)  O
NE OR MORE HOME OWNERS OR THEIR ASSIGNEES MAY FILE A
PAGE 29-HOUSE BILL 22-1287 CIVIL ACTION ALLEGING A VIOLATION OF THIS SECTION PURSUANT TO
SECTION 
38-12-220.
SECTION 17. In Colorado Revised Statutes, 38-12-219, amend (1)
introductory portion and (1)(a); and add (2) as follows:
38-12-219.  Home owners' and landlords' rights. (1)  Every home
owner and landlord shall have the
 HAS A PRIVATE right OF ACTION
PURSUANT TO SECTION 
38-12-203 OR 38-12-220 to ENFORCE the following:
(a)  Protection from abuse or disregard of state or local law by the
landlord and home owners. A
BUSE OR DISREGARD OF STATE OR LOCAL LAW
INCLUDES
, BUT IS NOT LIMITED TO:
(I)  O
RAL OR WRITTEN STATEMENTS THAT THREATEN EVICTION OF A
HOME OWNER FOR VIOLATIONS THAT ARE NOT GROUNDS TO TERMINATE A
TENANCY UNDER SECTION 
38-12-203;
(II)  M
ISLEADING A HOME OWNER ABOUT THE HOME OWNER 'S
OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT
; OR
(III)  TAKING, POSSESSING, OR DEPRIVING A HOME OWNER OR
RESIDENT OF HIS OR HER PROPERTY OR PROPERTY RIGHTS WITHOUT DUE
PROCESS OF LAW
, INCLUDING THE OPPORTUNITY FOR A JUDICIAL OR
ADMINISTRATIVE HEARING
.
(2)  T
HE RIGHTS AND OBLIGATIONS SET FORTH IN SUBSECTIONS
(1)(a)(III), (1)(b), AND (1)(c) OF THIS SECTION ARE NOT SUBJECT TO
ENFORCEMENT THROUGH THE 
"MOBILE HOME PARK ACT DISPUTE
RESOLUTION AND ENFORCEMENT PROGRAM " CREATED IN PART 11 OF THIS
ARTICLE 
12.
SECTION 18. In Colorado Revised Statutes, amend 38-12-220 as
follows:
38-12-220.  Private civil right of action. (1)  A home owner, in a
park where the landlord has violated any provision of this article 12 has a
private civil right of, A RESIDENT, AN ASSOCIATION OF HOME OWNERS , OR A
LANDLORD OR THE ASSIGNEE OF A HOME OWNER
, A RESIDENT, AN
ASSOCIATION OF HOME OWNERS
, OR A LANDLORD MAY FILE A CIVIL action
PAGE 30-HOUSE BILL 22-1287 against the landlord ALLEGING A VIOLATION OF A RENTAL AGREEMENT OR OF
ANY PROVISION OF THIS ARTICLE 
12.
(2)  In any such action, except as described in section 38-12-105 (4):
the home owner is entitled to actual economic damages and reasonableattorney fees and costs if the home owner is successful in the action.
(a)  A COURT MAY AWARD ECONOMIC DAMAGES , ANY PENALTIES
AUTHORIZED BY THIS ARTICLE 
12, AND SUCH EQUITABLE AND INJUNCTIVE
RELIEF AS IS APPROPRIATE TO PROTECT THE RIGHTS OF THE PARTIES
;
(b)  A
 COURT MAY AWARD REASONABLE ATTORNEY FEES AND COSTS
TO A PREVAILING PARTY
; EXCEPT THAT, IN AN ACTION BROUGHT BY A
RESIDENT
, A HOME OWNER, OR AN ASSOCIATION OF HOME OWNERS A COURT
SHALL NOT
:
(I)  A
WARD ATTORNEY FEES TO A LANDLORD UNLESS THE COURT
FINDS THAT THE RESIDENT
, A HOME OWNER, OR AN ASSOCIATION OF HOME
OWNERS FILED A COMPLAINT THAT WAS FRIVOLOUS
, NOTWITHSTANDING ANY
AGREEMENT TO THE CONTRARY
; OR
(II)  REQUIRE A BOND TO BE PAID INTO THE COURT AS A CONDITION
OF FILING THE SUIT
.
(3)  I
N AN ACTION ALLEGING A VIOLATION OF SECTION 38-12-217:
(a)  A
 COURT MAY ISSUE AN ORDER SUSPENDING THE
ONE
-HUNDRED-TWENTY-DAY PERIODS DESCRIBED IN SECTION 38-12-217
(4)(a) 
AND (6)(b), STAYING OR CANCELING THE CLOSING OF ANY PENDING
TRANSACTION
, OR PROVIDING SUCH OTHER EQUITABLE RELIEF AS THE COURT
DEEMS NECESSARY TO PROTECT THE RIGHTS OF THE HOME OWNERS UNDER
SECTION 
38-12-217.
(b)  I
F THE COURT FINDS THE LANDLORD VIOLATED SECTION
38-12-217, IN ADDITION TO ALL OTHER REMEDIES, THE COURT SHALL AWARD
A STATUTORY PENALTY OF NO LESS THAN TWENTY THOUSAND DOLLARS BUT
NO MORE THAN THE DOLLAR AMOUNT CALCULATED TO BE THIRTY PERCENT
OF THE PURCHASE OR LISTING PRICE OF THE PARK
. THE PENALTY
AUTHORIZED BY THIS SUBSECTION
 (3)(b) IS IN ADDITION TO ANY FINE OR
PENALTY IMPOSED BY OR AWARDED TO THE DIVISION OF HOUSING UNDER
PAGE 31-HOUSE BILL 22-1287 SECTION 38-12-217 (15).
(4)  I
F A COURT DETERMINES THAT A LANDLORD VIOLATED SECTION
38-12-204 (4) OR (5), IN ADDITION TO ALL OTHER REMEDIES , THE COURT
SHALL AWARD A STATUTORY PENALTY OF NO LESS THAN FIFTEEN THOUSAND
DOLLARS BUT NO MORE THAN FIFTY THOUSAND DOLLARS TO EACH
AGGRIEVED PARTY FOR EACH VIOLATION THAT OCCURRED
.
SECTION 19. In Colorado Revised Statutes, 38-12-222, amend (2)
and (3) as follows:
38-12-222.  Residents' right to privacy. (2)  Unless otherwise
prohibited by law, the management has a right of entry to mobile home
space to fulfill the duties described in section 38-12-212.3 and to ensure
compliance with applicable codes, statutes, ordinances, and administrative
rules; the rental agreement; and the rules and regulations of the park. A
landlord shall not enter in a manner that interferes with a home owner's
RESIDENT'S peaceful enjoyment of the mobile home space, as described in
section 38-12-219 (1)(b), except in the case of an emergency.
(3)  Except when posting notices that are required by law or by a
rental agreement, the management shall make a reasonable effort to notify
a home owner
 RESIDENT of the management's intention to enter the mobile
home space at least forty-eight hours before entry. T
HE NOTIFICATION MUST
INCLUDE THE DATE AND APPROXIMATE TIME OF THE PLANNED ENTRY AND
MUST BE DELIVERED IN A MANNER THAT IS REASONABLY LIKELY TO BE SEEN
OR HEARD BY THE RESIDENT IN A TIMELY MANNER
.
SECTION 20. In Colorado Revised Statutes, add 38-12-223 as
follows:
38-12-223.  Tenancy and park sale records. (1)  A
 LANDLORD
SHALL RETAIN RECORDS FOR EACH HOME OWNER AND RESIDENT
THROUGHOUT THE HOME OWNER
'S OR RESIDENT'S TENANCY AND FOR
TWELVE MONTHS AFTER THE TENANCY ENDS
, INCLUDING DOCUMENTATION
OF
:
(a)  E
ACH RENTAL AGREEMENT SIGNED BY THE HOME OWNER OR
RESIDENT AND THE CURRENT OR PREVIOUS LANDLORD
;
PAGE 32-HOUSE BILL 22-1287 (b)  THE DATE AND AMOUNT OF ANY CHANGE IN RENT DURING THE
HOME OWNER
'S OR RESIDENT'S TENANCY;
(c)  W
RITTEN RULES AND REGULATIONS ADOPTED BY THE CURRENT
OR PREVIOUS LANDLORD DURING THE HOME OWNER
'S OR RESIDENT'S
TENANCY
;
(d)  E
ACH REQUEST FROM THE HOME OWNER OR RESIDENT RELATING
TO THE FOLLOWING
, INCLUDING WHETHER THE LANDLORD AT THE TIME
APPROVED OR DISAPPROVED EACH REQUEST
:
(I)  G
UESTS, ROOMMATES, OCCUPANTS, CO-LESSEES, OR SUB-LESSEES;
(II)  P
ETS OR SERVICE ANIMALS;
(III)  A
CCESSORY BUILDINGS OR STRUCTURES , INCLUDING SHEDS AND
CARPORTS
;
(IV)  D
ECKS, FENCES, WHEELCHAIR RAMPS, OR OTHER STRUCTURAL
CHANGES TO THE HOME OR LOT
; AND
(V)  USE OF PROPERTY RELATED TO PARKING OF VEHICLES AND USE
OF VEHICLES
.
(2)  A
 LANDLORD WHO IS SELLING OR TRANSFERRING A MOBILE HOME
PARK SHALL MAINTAIN ALL RECORDS RELATED TO COMPLIANCE WITH
SECTION 
38-12-217 FOR A MINIMUM OF FORTY-EIGHT MONTHS AFTER ANY
SALE OR TRANSFER OF A MOBILE HOME PARK IS COMPLETE
, INCLUDING BUT
NOT LIMITED TO
:
(a)  N
OTICES MAILED OR GIVEN TO HOME OWNERS PURSUANT TO
SECTION 
38-12-217 (1) AND (2);
(b)  P
OSTINGS PURSUANT TO SECTION 38-12-217 (1)(c), INCLUDING
ANY FORMS FOR HOME OWNERS TO PROVIDE NOTICE THAT THEY DO NOT WISH
TO PARTICIPATE IN EFFORTS TO PURCHASE THE COMMUNITY
;
(c)  S
IGNED WRITINGS PROVIDED BY HOME OWNERS TO THE PARK
OWNER DECLINING TO PARTICIPATE IN PURCHASING THE PARK PURSUANT TO
SECTION
 38-12-217 (1)(c);
PAGE 33-HOUSE BILL 22-1287 (d)  OFFERS TO PURCHASE AND PROPOSED PURCHASE AND SALE
AGREEMENTS SUBMITTED TO THE LANDLORD BY A GROUP OR ASSOCIATION
OF HOME OWNERS OR THEIR ASSIGNEES PURSUANT TO SECTION 
38-12-217
(4);
(e)  R
EQUESTS FOR INFORMATION FROM A GROUP OR ASSOCIATION OF
HOME OWNERS OR THEIR ASSIGNEES PARTICIPATING IN THE OPPORTUNITY TO
PURCHASE AND THE LANDLORD
'S RESPONSES TO THE REQUESTS FOR
INFORMATION PURSUANT TO SECTION
 38-12-217 (5)(a); AND
(f)  OFFERS TO PURCHASE AND ANY CONDITIONAL AND
UNCONDITIONAL PURCHASE AND SALE AGREEMENTS SUBMITTED BY THE
SUCCESSFUL PURCHASER OF THE MOBILE HOME PARK
.
(3)  U
PON THE SALE OR TRANSFER OF A MOBILE HOME PARK , THE
SELLER MUST TRANSFER ALL RECORDS MAINTAINED UNDER SUBSECTION 
(1)
OF THIS SECTION TO THE NEW OWNER.
(4)  I
F AN ISSUE ARISES AS TO A RESIDENT'S RIGHT TO ANY OF THE
MATTERS DESCRIBED IN SUBSECTION
 (1)(c) OR (2) OF THIS SECTION AND THE
LANDLORD HAS NOT RETAINED ADEQUATE RECORDS FOR THAT RESIDENT
,
THE LANDLORD SHALL BE PRESUMED TO HAVE VIOLATED THIS PART 	2 UNLESS
THE LANDLORD DEMONSTRATES COMPLIANCE BY A PREPONDERANCE OF THE
EVIDENCE
.
(5)  T
HE DIVISION MAY PROMULGATE RULES CONCERNING THE
IMPLEMENTATION OF THIS SECTION
, INCLUDING REQUIREMENTS
CONCERNING
:
(a)  H
OW A PERSON MAY ACCESS OR OBTAIN COPIES OF RECORDS
RETAINED PURSUANT TO THIS SECTION AND ANY RESTRICTIONS ON WHO MAY
ACCESS RECORDS RETAINED PURSUANT TO THIS SECTION
;
(b)  W
HAT FEES OR COSTS, IF ANY, MAY BE IMPOSED FOR OBTAINING
COPIES OF RECORDS RETAINED PURSUANT TO THIS SECTION
;
(c)  C
ONFIDENTIALITY PROTECTIONS FOR PERSONALLY IDENTIFYING
INFORMATION INCLUDED IN RECORDS RETAINED PURSUANT TO THIS SECTION
;
(d)  S
ECURE DESTRUCTION OF RECORDS ONCE THE PERIOD OF
PAGE 34-HOUSE BILL 22-1287 RETENTION HAS PASSED; AND
(e)  PENALTIES FOR VIOLATIONS OF THIS SECTION.
(6)  I
F A CURRENT OR FORMER MANAGEMENT OR LANDLORD VIOLATES
THIS SECTION
, A HOME OWNER MAY FILE A COMPLAINT PURSUANT TO
SECTION 
38-12-1105. ON AND AFTER JULY 1, 2024, OR EARLIER IF ALLOWED
BY THE DIVISION
, A RESIDENT WHO DOES NOT OWN A MOBILE HOME IN THE
PARK
, A LOCAL GOVERNMENT , OR A NONPROFIT MAY FILE SUCH A
COMPLAINT
.
SECTION 21. In Colorado Revised Statutes, 38-12-1102, amend
(1)(c) and (2); and add (1)(d) as follows:
38-12-1102.  Legislative declaration. (1)  The general assembly
hereby finds and declares that:
(c)  Taking legal action against a mobile home park landlord for
violations of the "Mobile Home Park Act" can be a costly and lengthy
process 
THAT IS NOT TIMELY ENOUGH TO PREVENT SIGNIFICANT HARM , and
many mobile home owners 
AND RESIDENTS cannot afford to pursue a court
process to vindicate statutory rights. Mobile home park landlords will also
benefit by having access to a process that resolves disputes quickly and
efficiently.
(d)  C
ERTAIN ACTIONS BY MOBILE HOME PARK LANDLORDS MAY
CAUSE IMMINENT HARM TO MOBILE HOME PARK RESIDENTS
.
(2)  Therefore, it is the intent of the general assembly to provide an
equitable as well as a less costly and more 
TIMELY AND efficient way for
mobile home owners, 
MOBILE HOME PARK RESIDENTS , and mobile home
park landlords to resolve disputes; and
 to provide a mechanism for state
authorities to quickly locate mobile home park landlords; 
AND TO GRANT
THE DIVISION OF HOUSING THE AUTHORITY TO ISSUE CEASE AND DESIST
ORDERS TO STOP ACTIONS BY LANDLORDS THAT POSE THE POTENTIAL FOR
IMMINENT HARM
.
SECTION 22. In Colorado Revised Statutes, 38-12-1103, amend
(2) and (7); and add (8) as follows:
PAGE 35-HOUSE BILL 22-1287 38-12-1103.  Definitions. As used in this part 11, unless the context
otherwise requires:
(2) (a)  "Complainant" means a landlord, or home owner, OR GROUP
OF HOME OWNERS
 who has filed a complaint alleging a violation of the act,
THIS PART 11, OR A RULE or the complainant's agent, employee, or
representative authorized to act on the complainant's behalf.
(b)  O
N AND AFTER JULY 1, 2024, OR EARLIER IF ALLOWED BY THE
DIVISION
, "COMPLAINANT" ALSO INCLUDES A RESIDENT , LOCAL
GOVERNMENT
, OR NONPROFIT WHO HAS FILED A COMPLAINT ALLEGING A
VIOLATION OF THE ACT
, THIS PART 11, OR A RULE.
(7)  "Respondent" means a landlord, 
FORMER LANDLORD, or home
owner alleged to have committed a violation of the act, 
THIS PART 11, OR A
RULE
 or the respondent's agent, employee, or representative authorized to
act on the respondent's behalf.
(8)  "R
ULE" MEANS A RULE PROMULGATED BY THE DIVISION
PURSUANT TO THE ACT OR THIS PART 
11.
SECTION 23. In Colorado Revised Statutes, 38-12-1104, amend
(2)(a), (2)(g), and (2)(h); and add (4) as follows:
38-12-1104.  Dispute resolution program - creation - division of
housing - duties - report - rules. (2)  The division shall:
(a)  Produce educational materials regarding the act and the program.
These materials must be in both English and Spanish and must include a
notice in a format that a landlord can reasonably post in a mobile home
park. The notice must summarize home owner 
AND RESIDENT rights and
responsibilities 
UNDER THE ACT AND THIS PART 11, provide information on
how to file a complaint with the division, describe the protections afforded
home owners
 under section 38-12-1105 (13), and provide a toll-free
telephone number and website that landlords, and home owners, AND
RESIDENTS
 can use to seek additional information and communicate
complaints specific to the program;
(g)  Provide an annual report to the transportation and local
government committee of the house of representatives, or its successor
PAGE 36-HOUSE BILL 22-1287 committee, AND the local government committee of the senate, or its
successor committee, and to the department of regulatory agencies, and
publish that annual report on the division's official website;
(h)  Receive complaints and perform dispute resolution 
AND
ENFORCEMENT
 activities related to the program, including investigations,
negotiations, 
COMMUNICATIONS, determinations of violations, AWARDS OF
DAMAGES
, and imposition of penalties as described in section 38-12-1105; 
(4)  T
HE ATTORNEY GENERAL MAY , AT THE ATTORNEY GENERAL 'S
DISCRETION
, INVESTIGATE AND ENFORCE COMPLIANCE WITH THE ACT AND
THIS PART 
11.
SECTION 24. In Colorado Revised Statutes, 38-12-1105, amend
(1), (2), (3)(a), (4), (7)(a)(II), (7)(a)(III), (7)(b), (10), (12), and (13); and
add (3)(c), (6.5), and (15) as follows:
38-12-1105.  Dispute resolution program - complaint process.
(1)  Beginning on June 30, 2020,
 Any aggrieved party may file a complaint
with the division 
ON A FORM PRESCRIBED BY THE DIVISION alleging a
violation of the act, or
 this part 11, OR A RULE, regardless of whether the
provision allegedly violated contains a specific reference to this section.
(2)  After receiving a complaint under this part 11, the division shall
investigate the alleged violations at the division's discretion. and, THE
DIVISION MAY
, if appropriate, facilitate negotiations between the
complainant and the respondent. T
HE DIVISION MAY ON ITS OWN INITIATIVE
INVESTIGATE POTENTIAL VIOLATIONS OF THE ACT
, THIS PART 11, OR A RULE
WHEN IT RECEIVES EVIDENCE OF A POTENTIAL VIOLATION FROM A SOURCE
OTHER THAN A FILED COMPLAINT AND MAY MAKE DETERMINATIONS AND
TAKE ENFORCEMENT ACTIONS PURSUANT TO THIS SECTION FOLLOWING SUCH
AN INVESTIGATION
.
(3) (a)  Complainants and respondents shall cooperate with the
division in the course of an investigation by responding to subpoenas issued
by the division. The subpoenas may 
COMPEL TESTIMONY, TAKE EVIDENCE,
OR seek access to papers or other documents and provide site access to the
mobile home parks relevant to the investigation. Complainants and
respondents must respond to the division's subpoenas within fourteen days
of the division sending the subpoenas by certified mail.
PAGE 37-HOUSE BILL 22-1287 (c)  IF A COMPLAINANT OR RESPONDENT FAILS TO RESPOND TO A
SUBPOENA WITHIN THE TIME REQUIRED BY SUBSECTION
 (3)(a) OF THIS
SECTION
, THE DIVISION MAY IMPOSE A PENALTY OF UP TO FIVE THOUSAND
DOLLARS PER VIOLATION PER DAY FOR EACH DAY THE COMPLAINANT OR
RESPONDENT FAILS TO RESPOND
. THE DIVISION MAY DELAY OR DISMISS THE
IMPOSITION OF THE PENALTY IF THE COMPLAINANT OR RESPONDENT MAKES
A GOOD
-FAITH EFFORT TO COMPLY WITHIN SEVEN DAYS .
(4) (a)  If, after an investigation, the division determines that the
parties are unable to come to an agreement 
OR THAT FACILITATING
NEGOTIATIONS BETWEEN THE PARTIES IS NOT APPROPRIATE TO RESOLVE THE
ALLEGED VIOLATION
, the division shall make a written determination on
whether a violation of the act, 
THIS PART 11, OR A RULE has occurred.
(b)  If the division finds by a written determination that a violation
of the act, 
THIS PART 11, OR A RULE has occurred, the division shall deliver
a written notice of violation by certified mail to both the complainant and
the respondent. The notice of violation must specify the basis for the
division's determination, the violation, the action required to cure the
violation, the time within which that action must be taken, the penalties that
will be imposed if that action is not taken within the specified time period,
and the process for contesting the determination, required action, and
penalties by means of an administrative hearing.
(c)  If the division finds by a written determination that a violation
of the act, 
THIS PART 11, OR A RULE has not occurred, the division shall
deliver a written notice of nonviolation to both the complainant and the
respondent by certified mail. The notice of nonviolation must include the
basis for the division's determination and the process for contesting the
determination included in the notice of nonviolation by means of an
administrative hearing.
(6.5) (a)  W
HENEVER THE DIVISION HAS REASONABLE CAUSE TO
BELIEVE THAT A VIOLATION OF THE ACT
, THIS PART 11, OR A RULE HAS
OCCURRED OR WILL SOON OCCUR
, AND THAT IMMEDIATE ENFORCEMENT IS
NECESSARY
, THE DIVISION MAY IMMEDIATELY ISSUE A CEASE AND DESIST
ORDER
. A WRITTEN DETERMINATION AND NOTICE OF VIOLATION IS NOT
REQUIRED WHEN THE DIVISION ISSUES A CEASE AND DESIST ORDER PURSUANT
TO THIS SUBSECTION 
(6.5). THE ORDER MUST SET FORTH THE PROVISIONS
ALLEGED TO HAVE BEEN VIOLATED
, THE FACTS ALLEGED TO HAVE
PAGE 38-HOUSE BILL 22-1287 CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL ACTIONS
IMMEDIATELY CEASE
.
(b)  W
ITHIN FIFTEEN BUSINESS DAYS AFTER SERVICE OF THE ORDER ,
THE PERSON RECEIVING THE ORDER MAY REQUEST AN ADMINISTRATIVE
HEARING PURSUANT TO SUBSECTION
 (7)(a) OF THIS SECTION TO DETERMINE
WHETHER OR NOT THE ALLEGED VIOLATION HAS OCCURRED
.
(c)  I
F A PERSON WHO IS THE SUBJECT OF AN ORDER TO CEASE AND
DESIST FAILS TO COMPLY WITH THE ORDER WITHIN FORTY
-EIGHT HOURS, THE
DIVISION MAY BRING AN ACTION IN CIVIL COURT FOR A TEMPORARY
RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT FURTHER OR
CONTINUED VIOLATION OF THE ACT
, THIS PART 11, OR A RULE. A COURT
SHALL NOT STAY AN ORDER TO CEASE AND DESIST UNTIL AFTER HOLDING A
HEARING INVOLVING BOTH PARTIES ON THE MATTER
.
(7) (a)  A complainant or respondent may request an administrative
hearing before an administrative law judge to contest:
(II)  A penalty imposed under subsection (3) 
OR (5) of this section;
or
(III)  An order to cease and desist or an order to take actions under
subsection (6) 
OR (6.5) of this section.
(b)  If the complainant or respondent requests an administrative
hearing pursuant to subsection (7)(a) of this section, the complainant or
respondent must file the request within fifteen business days of receipt
AFTER SERVICE of a notice of violation, notice of nonviolation penalty,
order, or action. If an administrative hearing is not requested within this
time period, the notice of violation, or
 notice of nonviolation, OR CEASE AND
DESIST ORDER
 constitutes a final agency order of the division and is not
subject to review by any court or agency.
(10)  When the division imposes any penalty against a respondent
landlord under this part 11, the respondent may not seek any recovery or
reimbursement of the penalty from a complainant or from any other home
owner 
OR RESIDENT.
(12)  This section does not provide an exclusive remedy and does not
PAGE 39-HOUSE BILL 22-1287 limit the right of landlords, or home owners, OR RESIDENTS to take legal
action against another party as provided in the act or otherwise. Exhaustion
of the administrative remedy provided in this section is not required before
a landlord, or
 home owner, OR RESIDENT may bring a legal action.
(13)  A landlord may SHALL not take any retaliatory actions against
a home owner 
OR RESIDENT FOR FILING A COMPLAINT AND SHALL NOT
HARASS OR INTIMIDATE A HOME OWNER OR RESIDENT IN VIOLATION OF
SECTION
 38-12-212.5 (4.5). If the division determines that a landlord has
retaliated against a home owner 
OR RESIDENT OR VIOLATED SECTION
38-12-212.5 (4.5), the division may impose a fine of up to ten thousand
dollars on the landlord.
(15)  T
HE DIVISION SHALL TAKE ALL REASONABLE STEPS TO AVOID
DISCLOSING THE COMPLAINANT
'S IDENTITY TO THE LANDLORD DURING OR
AFTER THE INVESTIGATION WITHOUT THE COMPLAINANT
'S PERMISSION IF A
COMPLAINT ALLEGES A VIOLATION THAT IS OF A GENERAL NATURE
AFFECTING MULTIPLE HOME OWNERS OR RESIDENTS
, INCLUDING BUT NOT
LIMITED TO A COMPLAINT ALLEGING THAT A LANDLORD
'S RULES OR RULE
ENFORCEMENT PRACTICES VIOLATE THE ACT
, THIS PART 11, OR A RULE AND
THE DIVISION CAN ADEQUATELY INVESTIGATE THE COMPLAINT WITHOUT
REVEALING THE COMPLAINANT
'S IDENTITY. A PERSON SHALL NOT OBTAIN
ACCESS TO THE RECORD THROUGH SUBPOENA
, DISCOVERY, OR UNDER ANY
STATUTORY AUTHORITY
. THIS SUBSECTION (15) DOES NOT PROHIBIT THE
DIVISION FROM REQUIRING OR KNOWING THE IDENTITY OF A COMPLAINANT
.
SECTION 25. In Colorado Revised Statutes, 38-12-1106, amend
(2)(d), (2)(e), (7) introductory portion, (7)(d), (7)(e), and (8); and add
(7)(a.5) and (7)(f) as follows:
38-12-1106.  Registration of mobile home parks - process - fees.
(2)  The division shall send registration notifications and information
packets to all known landlords of unregistered mobile home parks. These
information packets must include:
(d)  Registration assessment information, including registration due
dates and late fees, and the collections procedures, liens, and charging costs
to home owners 
OR RESIDENTS; and
(e)  A description of the protections afforded home owners 
AND
PAGE 40-HOUSE BILL 22-1287 RESIDENTS under section 38-12-1105 (13).
(7)  The registration forms provided by the division must require
information necessary to assist the division in identifying and locating a
mobile home park and other information that may be useful to the state.
including,
 A REGISTRATION IS NOT COMPLETE UNLESS THE LANDLORD
INCLUDES ALL OF THE INFORMATION REQUIRED BY THE FORMS PROVIDED BY
THE DIVISION
. THE FORMS MUST REQUIRE, at a minimum:
(a.5) (I)  T
HE NAME AND MAILING ADDRESS OF THE LEGAL OWNER OF
THE MOBILE HOME PARK AS RECORDED IN THE PROPERTY RECORDS OF THE
COUNTY ASSESSOR FOR THE PROPERTY AND A COPY OF THE PROPERTY
RECORD
, PROPERTY REPORT, OR SIMILAR SUPPORTING DOCUMENTATION
FROM THE COUNTY ASSESSOR
'S WEBSITE.
(II)  I
F THE LEGAL OWNER OF THE MOBILE HOME PARK LISTED
PURSUANT TO SUBSECTION
 (7)(a.5)(I) OF THIS SECTION IS A DOMESTIC
LIMITED LIABILITY COMPANY
, THE LANDLORD SHALL INCLUDE THE DOMESTIC
ENTITY NAME OF THE LIMITED LIABILITY COMPANY AND THE PRINCIPAL
OFFICE MAILING ADDRESS ON FILE WITH THE SECRETARY OF STATE
, A COPY
OF THE CERTIFICATE OF GOOD STANDING FOR THE LIMITED LIABILITY
COMPANY
, AND THE NAME OF ANY ENTITY THAT EXERCISES FINANCIAL OR
MANAGEMENT CONTROL OF THE LIMITED LIABILITY COMPANY
.
(III)  I
F THE LEGAL OWNER OF THE MOBILE HOME PARK LISTED
PURSUANT TO SUBSECTION
 (7)(a.5)(I) OF THIS SECTION IS A FOREIGN LIMITED
LIABILITY COMPANY
, THE LANDLORD SHALL INCLUDE THE ENTITY 'S TRUE
NAME AND ASSUMED ENTITY NAME
, IF ANY, AND THE PRINCIPAL OFFICE
MAILING ADDRESS OF ITS PRINCIPAL OFFICE AS SHOWN ON THE STATEMENT
OF FOREIGN ENTITY AUTHORITY FILED WITH THE SECRETARY OF STATE
, A
COPY OF THE CERTIFICATE OF GOOD STANDING FOR THE FOREIGN LIMITED
LIABILITY COMPANY
, AND THE NAME OF ANY ENTITY THAT EXERCISES
FINANCIAL OR MANAGEMENT CONTROL OF THE LIMITED LIABILITY COMPANY
.
(d)  The number of mobile homes within the mobile home park; and
(e)  The PHYSICAL address of each mobile home within the mobile
home park 
AND THE MAILING ADDRESS OF THE HOME OWNER	, IF THE
LANDLORD HAS A DIFFERENT MAILING ADDRESS ON FILE FOR THE HOME
OWNER
; AND
PAGE 41-HOUSE BILL 22-1287 (f)  THE DATE AND AMOUNT OF THE MOST RECENT RENT INCREASE
FOR EACH MOBILE HOME LOT AND EACH MOBILE HOME IN THE PARK
.
(8)  For the 2020 calendar year, the division shall charge eachlandlord a twenty-four dollar registration fee for each mobile home
independently owned on rented land within the landlord's mobile home
park. Each year thereafter, The division shall establish by rule a fee that
each landlord shall pay to the division as an annual registration fee for each
mobile home independently owned on rented land within the landlord's
mobile home park. O
N AND AFTER JULY 1, 2024, THE DIVISION MAY ADJUST
THE FEE TO COVER THE COSTS ASSOCIATED WITH COMPLAINTS FILED
PURSUANT TO SECTION
 38-12-1103 (2)(b), AND MAY BY RULE AUTHORIZE
LANDLORDS TO CHARGE A RESIDENT
, AS DEFINED IN SECTION 38-12-201.5
(11),
 A PORTION OF THE FEE. A landlord may
 MUST NOT charge a home
owner not OR RESIDENT more than half of the fee. The registration fee for
each mobile home must be deposited into the fund. The division shall
review the annual registration fee and, if necessary, adjust the annual
registration fee through rule-making to ensure it continues to reasonably
relate to the cost of administering the program.
SECTION 26. In Colorado Revised Statutes, 38-12-1110, add (3)
as follows:
38-12-1110.  Mobile home park act dispute resolution and
enforcement program fund. (3) (a)  I
N FISCAL YEAR 2022-23 AND EACH
FISCAL YEAR THEREAFTER
, THE GENERAL ASSEMBLY SHALL APPROPRIATE
MONEY FROM THE GENERAL FUND TO THE MOBILE HOME PARK ACT DISPUTE
RESOLUTION AND ENFORCEMENT PROGRAM FUND FOR USE BY THE DIVISION
TO CONDUCT OUTREACH
, MONITORING, AND ENFORCEMENT RELATED TO
SECTIONS 
38-12-217 AND 38-12-203.5.
(b)  I
N FISCAL YEAR 2024-25 AND EACH FISCAL YEAR THEREAFTER ,
THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FROM THE GENERAL
FUND TO THE MOBILE HOME PARK ACT DISPUTE RESOLUTION AND
ENFORCEMENT PROGRAM FUND FOR USE BY THE DIVISION TO COVER COSTS
ASSOCIATED WITH COMPLAINTS FILED PURSUANT TO SECTION 
38-12-1103
(2)(b) 
THAT ARE NOT COVERED BY THE FEE AUTHORIZED IN SECTION
32-12-1106 (8).
SECTION 27. In Colorado Revised Statutes, 6-1-105, repeal
PAGE 42-HOUSE BILL 22-1287 (1)(kkk); and add (1)(rrr) as follows:
6-1-105.  Unfair or deceptive trade practices. (1)  A person
engages in a deceptive trade practice when, in the course of the person's
business, vocation, or occupation, the person:
(kkk)  Either knowingly or recklessly engages in any unfair,
unconscionable, deceptive, deliberately misleading, false, or fraudulent act
or practice;
(rrr)  EITHER KNOWINGLY OR RECKLESSLY ENGAGES IN ANY UNFAIR ,
UNCONSCIONABLE, DECEPTIVE, DELIBERATELY MISLEADING , FALSE, OR
FRAUDULENT ACT OR PRACTICE
.
SECTION 28. Appropriation. (1)  For the 2022-23 state fiscal
year, $89,870 is appropriated to the mobile home park act dispute resolution
and enforcement program fund created in section 38-12-1110 (1), C.R.S.
This appropriation is from the general fund. The department of local affairs
is responsible for the accounting related to this appropriation.
(2)  For the 2022-23 state fiscal year, $50,173 is appropriated to the
office of the governor for use by the office of information technology. This
appropriation is from reappropriated funds received from the department of
local affairs from the mobile home park act dispute resolution and
enforcement program fund created in section 38-12-1110 (1), C.R.S. To
implement this act, the office may use this appropriation to provide
information technology services for the department of local affairs.
SECTION 29. Act subject to petition - effective date. This act
takes effect October 1, 2022; except that, if a referendum petition is filed
pursuant to section 1 (3) of article V of the state constitution against this act
or an item, section, or part of this act within the ninety-day period after final
adjournment of the general assembly, then the act, item, section, or part will
not take effect unless approved by the people at the general election to be
PAGE 43-HOUSE BILL 22-1287 held in November 2022 and, in such case, will take effect on the date of the
official declaration of the vote thereon by the governor.
____________________________ ____________________________
Alec Garnett Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
            APPROVED________________________________________
                                                        (Date and Time)
                              _________________________________________
                             Jared S. Polis
                             GOVERNOR OF THE STATE OF COLORADO
PAGE 44-HOUSE BILL 22-1287