| Old | New | Differences | |
|---|---|---|---|
| 1 | + | Second Regular Session | |
| 2 | + | Seventy-third General Assembly | |
| 3 | + | STATE OF COLORADO | |
| 4 | + | REREVISED | |
| 5 | + | This Version Includes All Amendments | |
| 6 | + | Adopted in the Second House | |
| 7 | + | LLS NO. 22-0103.01 Megan Waples x4348 | |
| 1 | 8 | HOUSE BILL 22-1287 | |
| 2 | - | BY REPRESENTATIVE(S) Boesenecker and Hooton, Bacon, Benavidez, | |
| 3 | - | Bernett, Caraveo, Cutter, Duran, Gonzales-Gutierrez, Gray, Jodeh, | |
| 4 | - | Kennedy, Kipp, Lindsay, McCluskie, McLachlan, Mullica, Ortiz, Ricks, | |
| 5 | - | Sirota, Sullivan, Titone, Weissman, Woodrow, Amabile, Bird, Daugherty, | |
| 6 | - | Exum, Froelich, Herod, Lontine, McCormick, Michaelson Jenet, Valdez A., | |
| 7 | - | Young, Snyder; | |
| 8 | - | also SENATOR(S) Winter, Coleman, Lee, Story, Buckner, Danielson, | |
| 9 | - | Donovan, Fields, Ginal, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, | |
| 10 | - | Moreno, Pettersen, Rodriguez, Zenzinger, Fenberg. | |
| 9 | + | House Committees Senate Committees | |
| 10 | + | Transportation & Local Government Finance | |
| 11 | + | Appropriations Appropriations | |
| 12 | + | A BILL FOR AN ACT | |
| 11 | 13 | C | |
| 12 | - | ONCERNING PROTECTIONS FOR MOBILE HOME PARK RESIDENTS , AND, IN | |
| 13 | - | CONNECTION THEREWITH | |
| 14 | - | , MAKING AN APPROPRIATION. | |
| 15 | - | Be it enacted by the General Assembly of the State of Colorado: | |
| 16 | - | SECTION 1. In Colorado Revised Statutes, 24-31-101, amend | |
| 17 | - | (1)(i) as follows: | |
| 18 | - | 24-31-101. Powers and duties of attorney general. (1) The | |
| 19 | - | attorney general: | |
| 20 | - | (i) May bring civil and criminal actions to enforce state laws, | |
| 21 | - | NOTE: This bill has been prepared for the signatures of the appropriate legislative | |
| 22 | - | officers and the Governor. To determine whether the Governor has signed the bill | |
| 23 | - | or taken other action on it, please consult the legislative status sheet, the legislative | |
| 24 | - | history, or the Session Laws. | |
| 25 | - | ________ | |
| 26 | - | Capital letters or bold & italic numbers indicate new material added to existing law; dashes | |
| 27 | - | through words or numbers indicate deletions from existing law and such material is not part of | |
| 28 | - | the act. including actions brought pursuant to the "Colorado Antitrust Act of 1992" | |
| 29 | - | in article 4 of title 6, the "Colorado Consumer Protection Act" in article 1 | |
| 30 | - | of title 6, | |
| 31 | - | THE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE 12 OF TITLE | |
| 32 | - | 38, THE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND | |
| 33 | - | ENFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38, the | |
| 34 | - | "Unfair Practices Act" in article 2 of title 6, article 12 of title 6, and sections | |
| 35 | - | 6-1-110, 11-51-603.5, 24-34-505.5, and 25.5-4-306; | |
| 36 | - | SECTION 2. In Colorado Revised Statutes, amend 38-12-200.2 as | |
| 37 | - | follows: | |
| 38 | - | 38-12-200.2. Legislative declaration. The general assembly hereby | |
| 39 | - | declares that the purpose of this part 2 is to establish the relationship | |
| 40 | - | between the owner of a mobile home park, and | |
| 41 | - | the owner of a mobile home | |
| 42 | - | situated in such park, | |
| 43 | - | AND RESIDENTS IN THE PARK. | |
| 44 | - | SECTION 3. In Colorado Revised Statutes, 38-12-201.5, amend | |
| 45 | - | (1)(e), (1)(f), and (6); and add (1)(g) and (6.5) as follows: | |
| 46 | - | 38-12-201.5. Definitions. As used in this part 2 and in part 11 of | |
| 47 | - | this article 12, unless the context otherwise requires: | |
| 48 | - | (1) "Entry fee" means any fee paid to or received from an owner of | |
| 49 | - | a mobile home park or an agent thereof except for: | |
| 50 | - | (e) Incidental reasonable charges for services actually performed by | |
| 51 | - | the mobile home park owner or the mobile home park owner's agent and | |
| 52 | - | agreed to in writing by the home owner; and | |
| 53 | - | (f) Late fees; AND | |
| 54 | - | (g) MEMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER | |
| 55 | - | COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS | |
| 56 | - | QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE | |
| 57 | - | "COLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS | |
| 58 | - | TITLE | |
| 59 | - | 38. | |
| 60 | - | (6) "Mobile home park" or "park" means a parcel of land used for | |
| 61 | - | the continuous accommodation of five or more occupied mobile homes and | |
| 62 | - | operated for the pecuniary benefit of the owner of the parcel of land or the | |
| 63 | - | PAGE 2-HOUSE BILL 22-1287 owner's agents, lessees, or assignees. "Mobile home park" does not include | |
| 64 | - | mobile home subdivisions or property zoned for manufactured home | |
| 65 | - | subdivisions. F | |
| 66 | - | OR PURPOSES OF THIS DEFINITION, THE PARCEL OF LAND | |
| 67 | - | COMPRISING THE MOBILE HOME PARK DOES NOT NEED TO BE CONTIGUOUS | |
| 68 | - | , | |
| 69 | - | BUT MUST BE IN THE SAME NEIGHBORHOOD AS DETERMINED BY THE | |
| 70 | - | DIVISION | |
| 71 | - | . | |
| 14 | + | ONCERNING PROTECTIONS FOR MOBILE HOME PARK | |
| 15 | + | RESIDENTS, AND,101 | |
| 16 | + | IN CONNECTION THEREWITH , MAKING AN APPROPRIATION .102 | |
| 17 | + | Bill Summary | |
| 18 | + | (Note: This summary applies to this bill as introduced and does | |
| 19 | + | not reflect any amendments that may be subsequently adopted. If this bill | |
| 20 | + | passes third reading in the house of introduction, a bill summary that | |
| 21 | + | applies to the reengrossed version of this bill will be available at | |
| 22 | + | http://leg.colorado.gov | |
| 23 | + | .) | |
| 24 | + | The bill amends the "Mobile Home Park Act" and the "Mobile | |
| 25 | + | Home Park Act Dispute Resolution and Enforcement Program" to: | |
| 26 | + | ! Prohibit a landlord from increasing rent on a mobile home | |
| 27 | + | lot by an amount that exceeds the greater of inflation or 3 | |
| 28 | + | percentage points in any 12-month period; | |
| 29 | + | ! Require the landlord or the landlord's representative to | |
| 30 | + | SENATE | |
| 31 | + | Amended 3rd Reading | |
| 32 | + | May 6, 2022 | |
| 33 | + | SENATE | |
| 34 | + | Amended 2nd Reading | |
| 35 | + | May 5, 2022 | |
| 36 | + | HOUSE | |
| 37 | + | 3rd Reading Unamended | |
| 38 | + | April 25, 2022 | |
| 39 | + | HOUSE | |
| 40 | + | Amended 2nd Reading | |
| 41 | + | April 22, 2022 | |
| 42 | + | HOUSE SPONSORSHIP | |
| 43 | + | Boesenecker and Hooton, Bacon, Benavidez, Bernett, Caraveo, Cutter, Duran, Gonzales- | |
| 44 | + | Gutierrez, Gray, Jodeh, Kennedy, Kipp, Lindsay, McCluskie, McLachlan, Mullica, Ortiz, | |
| 45 | + | Ricks, Sirota, Sullivan, Titone, Weissman, Woodrow, Amabile, Bird, Daugherty, Exum, | |
| 46 | + | Froelich, Herod, Lontine, McCormick, Michaelson Jenet, Valdez A., Young | |
| 47 | + | SENATE SPONSORSHIP | |
| 48 | + | Winter, Coleman, Lee, Story, Buckner, Danielson, Donovan, Fenberg, Fields, Ginal, | |
| 49 | + | Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Moreno, Pettersen, Rodriguez, Zenzinger | |
| 50 | + | Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. | |
| 51 | + | Capital letters or bold & italic numbers indicate new material to be added to existing statute. | |
| 52 | + | Dashes through the words indicate deletions from existing statute. attend up to 2 public meetings for residents of the park | |
| 53 | + | each year at the request of the residents; | |
| 54 | + | ! Clarify that a landlord is responsible for the cost of | |
| 55 | + | repairing any damage to a mobile home or lot that results | |
| 56 | + | from the landlord's failure to maintain the premises of the | |
| 57 | + | park; | |
| 58 | + | ! Clarify the triggering events that demonstrate a park | |
| 59 | + | owner's intent to sell a park for purposes of providing | |
| 60 | + | notice to home owners and the method for giving notice; | |
| 61 | + | ! Change the period in which a group or association of | |
| 62 | + | mobile home owners may make an offer to purchase the | |
| 63 | + | park from 90 to 180 days, and provide for tolling of that | |
| 64 | + | time period in certain circumstances; | |
| 65 | + | ! Provide a right of first refusal for a public entity that | |
| 66 | + | accepts an assignment of a group or association of mobile | |
| 67 | + | home owners' opportunity to purchase; | |
| 68 | + | ! Clarify the obligations of a landlord to provide notice to | |
| 69 | + | home owners concerning the terms and conditions of an | |
| 70 | + | offer to purchase the park that the landlord would accept | |
| 71 | + | and to negotiate in good faith with the home owners; | |
| 72 | + | ! Require a landlord who changes the use of the land | |
| 73 | + | comprising the park to compensate a mobile home owner | |
| 74 | + | who has not given notice to terminate the lease or rental | |
| 75 | + | agreement and who is displaced by the change in use for | |
| 76 | + | the reasonable costs of relocating the mobile home to a | |
| 77 | + | location within 100 miles of the park, the fair market value | |
| 78 | + | of the mobile home before the change in use, or in the | |
| 79 | + | amount of $7,500 for a single-section mobile home or | |
| 80 | + | $10,000 for a multi-section mobile home; | |
| 81 | + | ! Allow the department to enforce statutory provisions | |
| 82 | + | concerning the required notice of intent to sell or change | |
| 83 | + | the use of the land and the mobile home owners' | |
| 84 | + | opportunity to purchase by imposing a fine for a violation | |
| 85 | + | or filing for injunctive relief in district court; | |
| 86 | + | ! Allow the attorney general to investigate and enforce | |
| 87 | + | statutory provisions providing protections for mobile home | |
| 88 | + | owners; | |
| 89 | + | ! Allow a resident, local government, or a nonprofit to file a | |
| 90 | + | complaint with the division under the dispute resolution | |
| 91 | + | program; | |
| 92 | + | ! Clarify the procedures and penalties that apply when a | |
| 93 | + | party does not respond to a subpoena from the division; | |
| 94 | + | ! Allow the division to take immediate action in response to | |
| 95 | + | complaints or violations that will cause immediate harm to | |
| 96 | + | mobile home owners; | |
| 97 | + | 1287 | |
| 98 | + | -2- ! Prohibit landlords from harassing or coercing mobile home | |
| 99 | + | owners in an effort to require a mobile owner to sign an | |
| 100 | + | agreement or to influence a decision by the home owner | |
| 101 | + | about an opportunity to purchase; | |
| 102 | + | ! Establish criteria for when a mobile home park rule or | |
| 103 | + | regulation that limits a home owner's right to control the | |
| 104 | + | use, appearance, and structure of a mobile home is | |
| 105 | + | enforceable; | |
| 106 | + | ! Prohibit a landlord from interfering with the mobile home | |
| 107 | + | owner's right to sell a mobile home to the buyer of his or | |
| 108 | + | her choice, except in limited circumstances; | |
| 109 | + | ! Establish record retention requirements for landlords; and | |
| 110 | + | ! Consolidate provisions concerning private rights of action | |
| 111 | + | for landlords, home owners, and residents, and establish | |
| 112 | + | penalties and remedies available in private actions. | |
| 113 | + | Be it enacted by the General Assembly of the State of Colorado:1 | |
| 114 | + | SECTION 1. In Colorado Revised Statutes, 24-31-101, amend2 | |
| 115 | + | (1)(i) as follows:3 | |
| 116 | + | 24-31-101. Powers and duties of attorney general. (1) The4 | |
| 117 | + | attorney general:5 | |
| 118 | + | (i) May bring civil and criminal actions to enforce state laws,6 | |
| 119 | + | including actions brought pursuant to the "Colorado Antitrust Act of7 | |
| 120 | + | 1992" in article 4 of title 6, the "Colorado Consumer Protection Act" in8 | |
| 121 | + | article 1 of title 6, | |
| 122 | + | THE "MOBILE HOME PARK ACT" IN PART 2 OF ARTICLE9 | |
| 123 | + | 12 | |
| 124 | + | OF TITLE 38, THE "MOBILE HOME PARK ACT DISPUTE RESOLUTION AND10 | |
| 125 | + | E | |
| 126 | + | NFORCEMENT PROGRAM" IN PART 11 OF ARTICLE 12 OF TITLE 38, the11 | |
| 127 | + | "Unfair Practices Act" in article 2 of title 6, article 12 of title 6, and12 | |
| 128 | + | sections 6-1-110, 11-51-603.5, 24-34-505.5, and 25.5-4-306;13 | |
| 129 | + | SECTION 2. In Colorado Revised Statutes, amend 38-12-200.214 | |
| 130 | + | as follows:15 | |
| 131 | + | 38-12-200.2. Legislative declaration. The general assembly16 | |
| 132 | + | hereby declares that the purpose of this part 2 is to establish the17 | |
| 133 | + | 1287-3- relationship between the owner of a mobile home park, and the owner of1 | |
| 134 | + | a mobile home situated in such park, | |
| 135 | + | AND RESIDENTS IN THE PARK.2 | |
| 136 | + | SECTION 3. In Colorado Revised Statutes, 38-12-201.5, amend3 | |
| 137 | + | (1)(e), (1)(f), and (6); and add (1)(g) and (6.5) as follows:4 | |
| 138 | + | 38-12-201.5. Definitions. As used in this part 2 and in part 11 of5 | |
| 139 | + | this article 12, unless the context otherwise requires:6 | |
| 140 | + | (1) "Entry fee" means any fee paid to or received from an owner7 | |
| 141 | + | of a mobile home park or an agent thereof except for:8 | |
| 142 | + | (e) Incidental reasonable charges for services actually performed9 | |
| 143 | + | by the mobile home park owner or the mobile home park owner's agent10 | |
| 144 | + | and agreed to in writing by the home owner; and | |
| 145 | + | 11 | |
| 146 | + | (f) Late fees; | |
| 147 | + | AND12 | |
| 148 | + | (g) M | |
| 149 | + | EMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER13 | |
| 150 | + | COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS14 | |
| 151 | + | QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE15 | |
| 152 | + | "C | |
| 153 | + | OLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS16 | |
| 154 | + | TITLE 38.17 | |
| 155 | + | (6) "Mobile home park" or "park" means a parcel of land used for18 | |
| 156 | + | the continuous accommodation of five or more occupied mobile homes19 | |
| 157 | + | and operated for the pecuniary benefit of the owner of the parcel of land20 | |
| 158 | + | or the owner's agents, lessees, or assignees. "Mobile home park" does not21 | |
| 159 | + | include mobile home subdivisions or property zoned for manufactured22 | |
| 160 | + | home subdivisions. F | |
| 161 | + | OR PURPOSES OF THIS DEFINITION, THE PARCEL OF23 | |
| 162 | + | LAND COMPRISING THE MOBILE HOME PARK DOES NOT NEED TO BE24 | |
| 163 | + | CONTIGUOUS, BUT MUST BE IN THE SAME NEIGHBORHOOD AS DETERMINED25 | |
| 164 | + | BY THE DIVISION.26 | |
| 72 | 165 | (6.5) "M | |
| 73 | - | OBILE HOME SUBDIVISION" OR "MANUFACTURED HOME | |
| 74 | - | SUBDIVISION | |
| 75 | - | " MEANS ANY PARCEL OF LAND THAT IS DIVIDED INTO TWO OR | |
| 76 | - | MORE PARCELS | |
| 77 | - | , SEPARATE INTERESTS, OR INTERESTS IN COMMON, WHERE | |
| 78 | - | EACH PARCEL OR INTEREST IS OWNED BY AN INDIVIDUAL OR ENTITY WHO | |
| 79 | - | OWNS BOTH A MOBILE HOME AND THE LAND UNDERNEATH THE MOBILE | |
| 80 | - | HOME | |
| 81 | - | ; EXCEPT THAT A PARCEL IS NOT A "MOBILE HOME SUBDIVISION" OR | |
| 82 | - | "MANUFACTURED HOME SUBDIVISION " WHEN THE SAME OWNER OWNS A | |
| 83 | - | PARCEL OR SUBDIVIDED PARCELS OR INTERESTS THAT ARE COLLECTIVELY | |
| 84 | - | USED FOR THE CONTINUOUS ACCOMMODATION OF FIVE OR MORE OCCUPIED | |
| 85 | - | MOBILE HOMES AND OPERATED FOR THE PECUNIARY BENEFIT OF THE | |
| 86 | - | LANDOWNER OR THEIR AGENTS | |
| 87 | - | , LESSEES, OR ASSIGNEES. | |
| 88 | - | SECTION 4. In Colorado Revised Statutes, 38-12-202, amend | |
| 89 | - | (1)(a) introductory portion and (1)(c)(I) as follows: | |
| 90 | - | 38-12-202. Tenancy - notice to quit. (1) (a) No tenancy or other | |
| 91 | - | lease or rental occupancy of space in a mobile home park shall commence | |
| 92 | - | without a written lease or rental agreement, and no tenancy in a mobile | |
| 166 | + | OBILE HOME SUBDIVISION" OR "MANUFACTURED HOME27 | |
| 167 | + | 1287 | |
| 168 | + | -4- SUBDIVISION" MEANS ANY PARCEL OF LAND THAT IS DIVIDED INTO TWO OR1 | |
| 169 | + | MORE PARCELS, SEPARATE INTERESTS, OR INTERESTS IN COMMON, WHERE2 | |
| 170 | + | EACH PARCEL OR INTEREST IS OWNED BY AN INDIVIDUAL OR ENTITY WHO3 | |
| 171 | + | OWNS BOTH A MOBILE HOME AND THE LAND UNDERNEATH THE MOBILE4 | |
| 172 | + | HOME; EXCEPT THAT A PARCEL IS NOT A "MOBILE HOME SUBDIVISION" OR5 | |
| 173 | + | " | |
| 174 | + | MANUFACTURED HOME SUBDIVISION " WHEN THE SAME OWNER OWNS A6 | |
| 175 | + | PARCEL OR SUBDIVIDED PARCELS OR INTERESTS THAT ARE COLLECTIVELY7 | |
| 176 | + | USED FOR THE CONTINUOUS ACCOMM ODATION OF FIVE OR MORE OCCUPIED8 | |
| 177 | + | MOBILE HOMES AND OPERATED FOR THE PECUNIARY BENEFIT OF THE9 | |
| 178 | + | LANDOWNER OR THEIR AGENTS , LESSEES, OR ASSIGNEES.10 | |
| 179 | + | SECTION 4. In Colorado Revised Statutes, 38-12-202, amend11 | |
| 180 | + | (1)(a) introductory portion and (1)(c)(I) as follows:12 | |
| 181 | + | 38-12-202. Tenancy - notice to quit. (1) (a) No tenancy or other13 | |
| 182 | + | lease or rental occupancy of space in a mobile home park shall commence14 | |
| 183 | + | without a written lease or rental agreement, and no tenancy in a mobile15 | |
| 93 | 184 | home park shall be terminated until a notice to quit | |
| 94 | - | OR NOTICE OF | |
| 95 | - | NONPAYMENT OF RENT | |
| 96 | - | has been served. Said | |
| 97 | - | A notice to quit shall be in | |
| 98 | - | writing and in the form specified in section 13-40-107 (2). C.R.S. The | |
| 99 | - | property description required in section 13-40-107 (2) C.R.S., shall be | |
| 100 | - | deemed IS legally sufficient if it states: | |
| 185 | + | OR NOTICE OF16 | |
| 186 | + | NONPAYMENT OF RENT has been served. Said | |
| 187 | + | A notice to quit shall be in17 | |
| 188 | + | writing and in the form specified in section 13-40-107 (2). C.R.S. The18 | |
| 189 | + | property description required in section 13-40-107 (2) C.R.S., shall be19 | |
| 190 | + | deemed IS legally sufficient if it states:20 | |
| 101 | 191 | (c) (I) Except as otherwise provided in | |
| 102 | - | SECTION 38-12-204 (1) | |
| 103 | - | subsections (1)(c)(II) and (3) of this section, the management shall | |
| 104 | - | home owner at least ninety days after the date the notice is served | |
| 105 | - | to sell the mobile home or remove it from the premises. | |
| 106 | - | SECTION 5. In Colorado Revised Statutes, 38-12-203, | |
| 107 | - | (1)(d)(II); and add (3) as follows: | |
| 108 | - | 38-12-203. Reasons for termination. (1) The management of | |
| 109 | - | ||
| 110 | - | ||
| 111 | - | ||
| 112 | - | ||
| 113 | - | ||
| 114 | - | ||
| 115 | - | ||
| 116 | - | to | |
| 117 | - | ||
| 118 | - | ||
| 119 | - | ||
| 120 | - | ||
| 121 | - | PURSUANT TO SUBSECTION | |
| 122 | - | ||
| 192 | + | SECTION 38-12-204 (1) OR21 | |
| 193 | + | subsections (1)(c)(II) and (3) of this section, the management shall give22 | |
| 194 | + | a home owner at least ninety days after the date the notice is served or23 | |
| 195 | + | posted to sell the mobile home or remove it from the premises.24 | |
| 196 | + | SECTION 5. In Colorado Revised Statutes, 38-12-203, amend25 | |
| 197 | + | (1)(d)(II); and add (3) as follows:26 | |
| 198 | + | 38-12-203. Reasons for termination. (1) The management of a27 | |
| 199 | + | 1287 | |
| 200 | + | -5- mobile home park may terminate a tenancy only for one or more of the1 | |
| 201 | + | following reasons:2 | |
| 202 | + | (d) (II) If a landlord wants to change the use of a mobile home3 | |
| 203 | + | park, and the change of use has been approved by the local or state4 | |
| 204 | + | authority or does not require approval, and the change of use would result5 | |
| 205 | + | in the eviction of inhabited mobile homes, the landlord shall give the6 | |
| 206 | + | owner of each mobile home that is subject to the eviction a written notice7 | |
| 207 | + | of the landlord's intent to evict not less than twelve months before the8 | |
| 208 | + | change of use of the land, which notice must be mailed to each home9 | |
| 209 | + | owner. T | |
| 210 | + | HE NOTICE MUST ADVISE THE HOME OWNER OF THE HOME10 | |
| 211 | + | OWNER'S RIGHT TO COMPENSATION PURSUANT TO SUBSECTION (3) OF THIS11 | |
| 212 | + | SECTION.12 | |
| 123 | 213 | (3) A | |
| 124 | - | LANDLORD SHALL NOT M AKE ANY ORAL OR WRITTEN | |
| 125 | - | STATEMENT THREATENING EVICTION FOR A VIOLATION OR ACTION THAT IS | |
| 126 | - | NOT GROUNDS FOR TERMINATING A TE NANCY UNDER SUBSECTION | |
| 127 | - | (1) OF THIS | |
| 128 | - | SECTION | |
| 129 | - | . A HOME OWNER MAY FILE A COMPLAINT PURSUANT TO SECTION | |
| 130 | - | 38-12-1105 OR A CIVIL ACTION PURSUANT TO SECTION 38-12-220 FOR A | |
| 131 | - | VIOLATION OF THIS SUBSECTION | |
| 132 | - | (3). IF THE COURT DETERMINES THAT THE | |
| 133 | - | LANDLORD VIOLATED THIS SUBSECTION | |
| 134 | - | (3), THE COURT SHALL AWARD A | |
| 135 | - | STATUTORY PENALTY OF UP TO TWENTY THOUSAND DOLLARS TO THE | |
| 136 | - | PLAINTIFF IN ADDITION TO ANY OTHER REMEDIES AUTHORIZED BY SECTION | |
| 137 | - | 38-12-220. | |
| 138 | - | SECTION 6. In Colorado Revised Statutes, add 38-12-203.5 as | |
| 139 | - | follows: | |
| 140 | - | 38-12-203.5. Change in use of the park - remedies for home | |
| 214 | + | LANDLORD SHALL NOT M AKE ANY ORAL OR WRITTEN13 | |
| 215 | + | STATEMENT THREATENING EVICTION FOR A VIOLATION OR ACTION THAT14 | |
| 216 | + | IS NOT GROUNDS FOR TERMINATING A TENANCY UNDER SUBSECTION (1) OF15 | |
| 217 | + | THIS SECTION. A HOME OWNER MAY FILE A COMPLAINT PURSUANT TO16 | |
| 218 | + | SECTION 38-12-1105 OR A CIVIL ACTION PURSUANT TO SECTION 38-12-22017 | |
| 219 | + | FOR A VIOLATION OF THIS SUBSECTION (3). IF THE COURT DETERMINES18 | |
| 220 | + | THAT THE LANDLORD VIOLATED THIS SUBSECTION (3), THE COURT SHALL19 | |
| 221 | + | AWARD A STATUTORY PENALTY OF UP TO TWENTY THOUSAND DOLLARS TO20 | |
| 222 | + | THE PLAINTIFF IN ADDITION TO ANY OTHER REMEDIES AUTHORIZED BY21 | |
| 223 | + | SECTION 38-12-220.22 | |
| 224 | + | SECTION 6. In Colorado Revised Statutes, add 38-12-203.5 as23 | |
| 225 | + | follows:24 | |
| 226 | + | 38-12-203.5. Change in use of the park - remedies for home25 | |
| 141 | 227 | owners - definitions. (1) A | |
| 142 | - | S USED IN THIS SECTION, UNLESS THE CONTEXT | |
| 143 | - | OTHERWISE REQUIRES | |
| 144 | - | : | |
| 145 | - | (a) "I | |
| 146 | - | N-PLACE FAIR MARKET VALUE " MEANS THE FAIR MARKET | |
| 147 | - | VALUE OF THE MOBILE HOME AND ANY ATTACHED APPURTENANCES AND | |
| 148 | - | STRUCTURES ON THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES | |
| 149 | - | , | |
| 150 | - | DECKS, SKIRTING, AWNINGS, AND SHEDS, TAKING INTO ACCOUNT THE | |
| 151 | - | ACTUAL COST OF ALL IMPROVEMENTS MADE TO THE MOBILE HOME BY THE | |
| 228 | + | S USED IN THIS SECTION, UNLESS THE26 | |
| 229 | + | CONTEXT OTHERWISE REQUIRES :27 | |
| 230 | + | 1287 | |
| 231 | + | -6- (a) "IN-PLACE FAIR MARKET VALUE " MEANS THE FAIR MARKET1 | |
| 232 | + | VALUE OF THE MOBILE HOME AND ANY ATTACHED APPURTENANCES AND2 | |
| 233 | + | STRUCTURES ON THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES ,3 | |
| 234 | + | DECKS, SKIRTING, AWNINGS, AND SHEDS, TAKING INTO ACCOUNT THE4 | |
| 235 | + | ACTUAL COST OF ALL IMPROVEMENTS MADE TO THE MOBILE HOME BY THE5 | |
| 236 | + | HOME OWNER. FAIR MARKET VALUE IS DETERMINED BASED ON THE VALUE6 | |
| 237 | + | OF THE MOBILE HOME IN ITS CURRENT LOCATION PRIOR TO THE DECISION7 | |
| 238 | + | TO CHANGE THE USE OF THE PARK.8 | |
| 239 | + | (b) "R | |
| 240 | + | ELOCATION COSTS" INCLUDES:9 | |
| 241 | + | (I) A | |
| 242 | + | NY REASONABLE COSTS INCURRED TO MOVE THE MOBILE10 | |
| 243 | + | HOME, FURNITURE, AND PERSONAL BELONGINGS THEREIN TO A11 | |
| 244 | + | REPLACEMENT SITE;12 | |
| 245 | + | (II) T | |
| 246 | + | HE REASONABLE COST OF DISASSEMBLING , MOVING, AND13 | |
| 247 | + | REASSEMBLING ANY ATTACHED APPURTENANCES AND STRUCTURES ON14 | |
| 248 | + | THE LOT OWNED BY THE HOME OWNER SUCH AS PORCHES , DECKS,15 | |
| 249 | + | SKIRTING, AWNINGS, AND SHEDS, WHICH WERE NOT ACQUIRED BY THE16 | |
| 250 | + | LANDLORD;17 | |
| 251 | + | (III) T | |
| 252 | + | HE COSTS OF ANCHORING THE UNIT;18 | |
| 253 | + | (IV) T | |
| 254 | + | HE COSTS OF CONNECTING OR DISCONNECTING THE MOBILE19 | |
| 255 | + | HOME TO UTILITIES;20 | |
| 256 | + | (V) I | |
| 257 | + | NSURANCE COVERAGE DURING TRANSPORT ; AND21 | |
| 258 | + | (VI) T | |
| 259 | + | HE COST TO DISASSEMBLE AND REINSTALL ANY22 | |
| 260 | + | ACCESSIBILITY IMPROVEMENTS SUCH AS WHEELCHAIR RAMPS , LIFTS, AND23 | |
| 261 | + | GRAB BARS.24 | |
| 262 | + | (2) I | |
| 263 | + | F A LANDLORD INTENDS TO C HANGE THE USE OF THE LAND25 | |
| 264 | + | COMPRISING A MOBILE HOME PARK OR PART OF A MOBILE HOME PARK AND26 | |
| 265 | + | THE CHANGE IN USE WOULD RESULT IN THE DISPLACEMENT OF ONE OR27 | |
| 266 | + | 1287 | |
| 267 | + | -7- MORE MOBILE HOMES IN THE PARK , FOR EACH DISPLACED MOBILE HOME ,1 | |
| 268 | + | THE LANDLORD SHALL PROVIDE THE HOME OWNER OR HOME OWNERS ONE2 | |
| 269 | + | OF THE FOLLOWING AT THE HOME OWNER 'S OR HOME OWNERS' CHOOSING3 | |
| 270 | + | WITHIN THIRTY DAYS OF RECEIVING A WRITTEN DEMAND BY THE HOME4 | |
| 271 | + | OWNER OR HOME OWNERS :5 | |
| 272 | + | (a) P | |
| 273 | + | AYMENT OF RELOCATION COSTS TO RELOCATE THE MOBILE6 | |
| 274 | + | HOME TO A LOCATION OF THE HOME OWNER 'S CHOOSING WITHIN ONE7 | |
| 275 | + | HUNDRED MILES BY ROAD OF THE PARK . RELOCATION COSTS ARE8 | |
| 276 | + | DETERMINED BASED ON THE LOWEST ESTIMATE OBTAINED BY THE HOME9 | |
| 277 | + | OWNER FROM A MOBILE HOME MOVER . THE LANDLORD MAY REQUEST A10 | |
| 278 | + | COPY OF THE ESTIMATE TO SUPPORT THE REQUEST FOR PAYMENT OF11 | |
| 279 | + | RELOCATION COSTS. IF THE HOME OWNER EXERCISES THIS OPTION , THE12 | |
| 280 | + | HOME OWNER MUST ACTUALLY RELOCATE THE MOBILE HOME AND ALL13 | |
| 281 | + | PERSONAL BELONGINGS IN ACCORDANCE WITH THE ESTIMATE USED TO14 | |
| 282 | + | DETERMINE RELOCATION COSTS PRIOR TO THE DATE OF THE C HANGE IN USE15 | |
| 283 | + | SET FORTH IN THE NOTICE REQUIRED BY SECTION 38-12-203 (1)(d)(II).16 | |
| 284 | + | T | |
| 285 | + | HE HOME OWNER IS RESPONSIBLE FOR ADDITIONAL MILEAGE COSTS TO17 | |
| 286 | + | MOVE THE MOBILE HOME TO A LOCATION MORE THAN ONE HUNDRED MILES18 | |
| 287 | + | FROM THE PARK.19 | |
| 288 | + | (b) S | |
| 289 | + | UBMIT A BINDING OFFER TO PURCHASE THE MOBILE HOME FOR20 | |
| 290 | + | THE GREATER OF:21 | |
| 291 | + | (I) S | |
| 292 | + | EVEN THOUSAND FIVE HUNDRED DOLLARS FOR A22 | |
| 293 | + | SINGLE-SECTION MOBILE HOME OR TEN THOUSAND DOLLARS FOR A23 | |
| 294 | + | MULTI-SECTION MOBILE HOME; OR24 | |
| 295 | + | (II) O | |
| 296 | + | NE HUNDRED PERCENT OF THE IN-PLACE FAIR MARKET VALUE25 | |
| 297 | + | AS DETERMINED THROUGH THE APPRAISAL PROCESS SET FORTH IN THIS26 | |
| 298 | + | SUBSECTION (2)(b)(II). WITHIN THIRTY DAYS OF SUBMITTING THE OFFER,27 | |
| 299 | + | 1287 | |
| 300 | + | -8- THE LANDLORD SHALL HIRE A LICENSED, CERTIFIED RESIDENTIAL, OR1 | |
| 301 | + | CERTIFIED GENERAL APPRAISER FROM THE ACTIVE APPRAISERS LIST2 | |
| 302 | + | PUBLISHED BY THE DIVISION OF REAL ESTATE IN THE DEPARTMENT OF3 | |
| 303 | + | REGULATORY AGENCIES TO CONDUCT THE APPRAISAL . IF THE HOME4 | |
| 304 | + | OWNER DISPUTES THE APPRAISED VALUE OF THE MOBILE HOME , THE HOME5 | |
| 305 | + | OWNER MAY HIRE A LICENSED, CERTIFIED RESIDENTIAL, OR CERTIFIED6 | |
| 306 | + | GENERAL APPRAISER FROM THE ACTIVE APPRAISERS LIST TO OBTAIN A7 | |
| 307 | + | SECOND APPRAISAL AT THE HOME OWNER 'S EXPENSE. TO BE CONSIDERED,8 | |
| 308 | + | THE HOME OWNER MUST OBTAIN THE APPRAISAL WITHIN SIXTY DAYS OF9 | |
| 309 | + | RECEIPT OF THE LANDLORD'S APPRAISAL. THE RESULTS OF ALL APPRAISALS10 | |
| 310 | + | SHALL BE PROVIDED IN WRITING BY THE APPRAISER TO BOTH LANDLORD11 | |
| 311 | + | AND HOME OWNER . IF A SECOND APPRAISAL IS OBTAINED , THE HOME12 | |
| 312 | + | OWNER IS ENTITLED TO THE AVERAGE OF THE APPRAISALS OBTAINED BY13 | |
| 313 | + | THE LANDLORD AND THE HOME OWNER . IF THE HOME OWNER IS NOT14 | |
| 314 | + | SATISFIED WITH THE APPRAISAL OR APPRAISALS RECEIVED , THE HOME15 | |
| 315 | + | OWNER MAY SUBMIT A REQUEST FOR PAYMENT OF RELOCATION COSTS AS16 | |
| 316 | + | SET FORTH IN SUBSECTION (2)(a) OF THIS SECTION. IF THE HOME OWNER17 | |
| 317 | + | EXERCISES THE OPTION FOR PURCHASE UNDER THIS SUBSECTION (2)(b)(II),18 | |
| 318 | + | THE SALE CLOSING MUST OCCUR PRIOR TO THE DATE OF THE CHANGE IN19 | |
| 319 | + | USE SET FORTH IN THE NOTICE PROVIDED PURSUANT TO SECTION20 | |
| 320 | + | 38-12-203 (1)(d)(II).21 | |
| 321 | + | (3) I | |
| 322 | + | F AN APPRAISER CONDUCTING AN APPRAISAL PURSUANT TO22 | |
| 323 | + | SUBSECTION (2)(b)(II) OF THIS SECTION IDENTIFIES LACK OF23 | |
| 324 | + | MAINTENANCE, DEFERRED MAINTENANCE , OR DETERIORATION OF THE24 | |
| 325 | + | MOBILE HOME PARK BEYOND NORMAL WEAR AND TEAR THAT NEGATIVELY25 | |
| 326 | + | AFFECTS THE VALUE OF A MOBILE HOME , THE APPRAISER SHALL26 | |
| 327 | + | DETERMINE THE VALUE OF THE HOME WITH AN UPWARD ADJUSTMENT IN27 | |
| 328 | + | 1287 | |
| 329 | + | -9- VALUE IF NECESSARY TO ELIMINATE THE NEGATIVE EFFECT IN VALUE1 | |
| 330 | + | CAUSED BY THE LACK OF MAINTENANCE , DEFERRED MAINTENANCE , OR2 | |
| 331 | + | DETERIORATION OF THE PARK BEYOND NORMAL WEAR AND TEAR .3 | |
| 332 | + | (4) O | |
| 333 | + | N JULY 1, 2024, AND ON JULY 1 OF EACH YEAR THEREAFTER,4 | |
| 334 | + | THE DEPARTMENT SHALL ADJUST THE AMOUNT SPECIFIED IN SUBSECTION5 | |
| 335 | + | (2)(b)(I) | |
| 336 | + | OF THIS SECTION IN ACCORDANCE WITH THE PERCENTAGE6 | |
| 337 | + | CHANGE FOR THE PREVIOUS TWELVE MONTHS AT THE TIME OF THE7 | |
| 338 | + | CALCULATION IN THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF8 | |
| 339 | + | LABOR STATISTICS , CONSUMER PRICE INDEX FOR9 | |
| 340 | + | D | |
| 341 | + | ENVER-AURORA-LAKEWOOD FOR ALL ITEMS AND ALL URBAN10 | |
| 342 | + | CONSUMERS, OR ITS SUCCESSOR INDEX. THE DEPARTMENT SHALL PUBLISH11 | |
| 343 | + | THE ADJUSTED AMOUNT ON THE DEPARTMENT 'S WEBSITE.12 | |
| 344 | + | (5) A | |
| 345 | + | HOME OWNER IS ENTITLED TO THE REMEDIES PROVIDED13 | |
| 346 | + | UNDER THIS SECTION ONLY IF THE HOME OWNER HAS NOT GIVEN NOTICE14 | |
| 347 | + | TO TERMINATE THE HOME OWNER 'S LEASE OR RENTAL AGREEMENT AS OF15 | |
| 348 | + | THE DATE OF THE NOTICE OF THE CHANGE IN USE .16 | |
| 349 | + | (6) A | |
| 350 | + | NY AGREEMENT MADE WITH A HOME OWNER TO WAIVE ANY17 | |
| 351 | + | RIGHTS UNDER THIS SECTION IS INVALID AND INEFFECTIVE FOR ANY18 | |
| 352 | + | PURPOSE.19 | |
| 353 | + | SECTION 7. In Colorado Revised Statutes, 38-12-204, add | |
| 354 | + | 20 | |
| 355 | + | (4) and (5) as follows:21 | |
| 356 | + | 38-12-204. Nonpayment of rent - notice required for rent 22 | |
| 357 | + | increase - limitation on rent increases - repeal. (4) A LANDLORD SHALL23 | |
| 358 | + | NOT INCREASE RENT ON A MOBILE HOME PARK LOT IF THE PARK :24 | |
| 359 | + | (a) D | |
| 360 | + | OES NOT HAVE A CURRENT, ACTIVE REGISTRATION FILED WITH25 | |
| 361 | + | THE DIVISION OF HOUSING IN ACCORDANCE WITH SECTION 38-12-1106;26 | |
| 362 | + | (b) H | |
| 363 | + | AS ANY UNPAID PENALTIES OWED TO THE DIVISION OF27 | |
| 364 | + | 1287 | |
| 365 | + | -10- HOUSING; OR1 | |
| 366 | + | (c) H | |
| 367 | + | AS NOT FULLY COMPLIED WITH ANY FINAL AGENCY ORDER2 | |
| 368 | + | ISSUED BY THE DIVISION OF HOUSING.3(5) A NOTICE OF A RENT INCREASE ISSUED IN VIOLATION OF THIS4 | |
| 369 | + | SECTION IS INVALID AND HAS NO FORCE AND EFFECT . 5 | |
| 370 | + | SECTION 8. In Colorado Revised Statutes, amend 38-12-206 as6 | |
| 371 | + | follows:7 | |
| 372 | + | 38-12-206. Home owner meetings - assembly in common areas8 | |
| 373 | + | - meeting hosted by landlord. (1) Home owners shall have the right to9 | |
| 374 | + | meet and establish a homeowners' association. Meetings of home owners10 | |
| 375 | + | or the homeowners' association relating to mobile home living and affairs11 | |
| 376 | + | in their park common area, community hall, or recreation hall, if such a12 | |
| 377 | + | facility or similar facility exists, shall not be subject to prohibition by the13 | |
| 378 | + | park management if the common area or hall is reserved according to the14 | |
| 379 | + | park rules and such meetings are held at reasonable hours and when the15 | |
| 380 | + | facility is not otherwise in use; except that no such meetings shall be held16 | |
| 381 | + | in the streets or thoroughfares of the mobile home park.17 | |
| 382 | + | (2) T | |
| 383 | + | HE MANAGEMENT SHALL NOT CHARGE HOME OWNERS OR18 | |
| 384 | + | RESIDENTS A FEE TO MEET IN COMMON BUILDINGS OR SPACES IN THE PARK ,19 | |
| 385 | + | INCLUDING ANY COMMON AREA , COMMUNITY HALL, OR RECREATION HALL;20 | |
| 386 | + | EXCEPT THAT THE MANAGEMENT MAY CHARGE FOR THE REASONABLE21 | |
| 387 | + | COSTS OF CLEANING OR REPAIRING ACTUAL DAMAGES INCURRED . THE22 | |
| 388 | + | MANAGEMENT MAY RECUPERATE THE COST OF REPAIRS FOR ACTUAL23 | |
| 389 | + | DAMAGES BEYOND NORMAL WEAR AND TEAR THAT WERE CAUSED BY A24 | |
| 390 | + | HOME OWNER BY RETAINING A PORTION OF A HOME OWNER 'S SECURITY25 | |
| 391 | + | DEPOSIT.26 | |
| 392 | + | (3) I | |
| 393 | + | F REQUESTED BY A HOME OWNER OR RESIDENT , THE27 | |
| 394 | + | 1287 | |
| 395 | + | -11- LANDLORD OF A MOBILE HOME PARK SHALL , WITHIN THIRTY DAYS OF1 | |
| 396 | + | RECEIVING THE REQUEST, HOST AND ATTEND A FREE, PUBLIC, ACCESSIBLE2 | |
| 397 | + | MEETING FOR RESIDENTS OF THE PARK; EXCEPT THAT A LANDLORD IS NOT3 | |
| 398 | + | REQUIRED TO HOST AND ATTEND MORE T HAN TWO MEETINGS IN A4 | |
| 399 | + | CALENDAR YEAR. NOTICE OF THE DATE, TIME, AND LOCATION OF THE5 | |
| 400 | + | MEETING MUST BE POSTED IN BOTH ENGLISH AND SPANISH IN A CLEARLY6 | |
| 401 | + | VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME PARK ,7 | |
| 402 | + | INCLUDING ANY COMMUNITY HALL OR RECREATION HALL , FOR A PERIOD8 | |
| 403 | + | OF SEVEN DAYS BEFORE THE MEETING AND MUST BE PROVIDED BY MAIL AT9 | |
| 404 | + | LEAST FOURTEEN DAYS BEFORE THE MEETING TO EACH HOME OWNERS '10 | |
| 405 | + | ASSOCIATION, RESIDENTS' ASSOCIATION, OR SIMILAR BODY THAT11 | |
| 406 | + | REPRESENTS THE RESIDENTS OF THE PARK . IN ADDITION TO MAILING THE12 | |
| 407 | + | NOTICE AS REQUIRED BY THIS SECTION, THE LANDLORD SHALL PROVIDE13 | |
| 408 | + | NOTICE OF THE MEETING BY E-MAIL TO EACH HOME OWNER AND RESIDENT14 | |
| 409 | + | WHO HAS AN E-MAIL ADDRESS ON FILE WITH THE LANDLORD .15 | |
| 410 | + | SECTION 9. In Colorado Revised Statutes, 38-12-209, repeal (3)16 | |
| 411 | + | and (4) as follows:17 | |
| 412 | + | 38-12-209. Entry fees prohibited - security deposit. (3) The 18 | |
| 413 | + | trial judge may award court costs and attorney fees in any court action19 | |
| 414 | + | brought pursuant to any provision of this part 2 to the prevailing party20 | |
| 415 | + | upon finding that the prevailing party undertook the court action and legal21 | |
| 416 | + | representation for a legally sufficient reason and not for a dilatory or22 | |
| 417 | + | unfounded cause.23 | |
| 418 | + | (4) The management or a resident may bring a civil action for24 | |
| 419 | + | violation of the rental agreement or any provision of this part 2 in the25 | |
| 420 | + | appropriate court of the county in which the park is located. Either party26 | |
| 421 | + | may recover actual damages or the court may in its discretion award such27 | |
| 422 | + | 1287 | |
| 423 | + | -12- equitable relief as it deems necessary, including the enjoining of either1 | |
| 424 | + | party from further violations.2 | |
| 425 | + | SECTION 10. In Colorado Revised Statutes, 38-12-211, amend3 | |
| 426 | + | (1) as follows:4 | |
| 427 | + | 38-12-211. Selling and transfer fees prohibited - "for sale"5 | |
| 428 | + | signs permitted. (1) Neither the owner of a mobile home park nor the6 | |
| 429 | + | owner's agent may A LANDLORD SHALL NOT require payment of any type7 | |
| 430 | + | of selling fee or transfer fee by either a home owner in the park wishing8 | |
| 431 | + | to sell the home owner's mobile home to another party, | |
| 432 | + | A HOME OWNER9 | |
| 433 | + | WISHING TO REMOVE THE HOME OWNER 'S MOBILE HOME FROM THE PARK,10 | |
| 434 | + | or by | |
| 435 | + | any party wishing to buy a mobile home from a home owner in the11 | |
| 436 | + | park as a condition of tenancy in a park for the prospective buyer. T | |
| 437 | + | HIS12 | |
| 438 | + | SUBSECTION (1) DOES NOT PROHIBIT THE LANDLORD FROM CHARGING A13 | |
| 439 | + | RENTAL APPLICATION FEE THAT COMPLIES WITH SECTION 38-12-903 IF THE14 | |
| 440 | + | PROSPECTIVE BUYER IS BUYING THE MOBILE HOME IN PLACE AND IS15 | |
| 441 | + | APPLYING FOR TENANCY IN THE PARK .16 | |
| 442 | + | SECTION 11. In Colorado Revised Statutes, 38-12-212.3,17 | |
| 443 | + | amend (1)(b) introductory portion, (1)(b)(II), (3), (4)(b), (5), (6) | |
| 444 | + | 18 | |
| 445 | + | introductory portion, (6)(c), and (6)(d) as follows:19 | |
| 446 | + | 38-12-212.3. Responsibilities of landlord - acts prohibited.20 | |
| 447 | + | (1) (b) If a landlord fails to maintain or repair the items described in21 | |
| 448 | + | subsection (1)(a)(II) | |
| 449 | + | OR (2)(b) of this section:22 | |
| 450 | + | (II) The landlord is responsible for and shall pay the cost of23 | |
| 451 | + | providing alternative sources of potable water and maintaining portable24 | |
| 452 | + | toilets, which portable toilets are located reasonably near affected mobile25 | |
| 453 | + | homes in a manner that renders them accessible to people with26 | |
| 454 | + | disabilities, no later than twenty-four | |
| 455 | + | TWELVE hours after the service27 | |
| 456 | + | 1287 | |
| 457 | + | -13- disruption begins, unless conditions beyond the landlord's control prevent1 | |
| 458 | + | compliance with this subsection (1)(b)(II); and2 | |
| 459 | + | (3) A landlord shall not require a resident to assume any of the3 | |
| 460 | + | responsibilities described in subsection (1) or (2) of this section as a4 | |
| 461 | + | condition of any home owner's tenancy in the park.5 | |
| 462 | + | (4) Nothing in this section may be construed as:6 | |
| 463 | + | (b) Restricting a landlord from requiring a home owner | |
| 464 | + | OR7 | |
| 465 | + | RESIDENT to comply with rules and regulations of the park that are8 | |
| 466 | + | enforceable pursuant to section 38-12-214 or with terms of the rental9 | |
| 467 | + | agreement and any covenants binding upon the landlord or home owner10 | |
| 468 | + | OR RESIDENT, including covenants running with the land that pertain to11 | |
| 469 | + | the cleanliness of the home owner's | |
| 470 | + | OR RESIDENT'S lot and routine lawn12 | |
| 471 | + | and yard maintenance, and excluding major landscaping projects.13 | |
| 472 | + | (5) A landlord shall establish and maintain an emergency contact14 | |
| 473 | + | number, post the number in common areas of the park, and communicate15 | |
| 474 | + | the number to home owners | |
| 475 | + | AND RESIDENTS in each rental agreement and16 | |
| 476 | + | each revision of the park rules and regulations. A home owner | |
| 477 | + | OR17 | |
| 478 | + | RESIDENT who uses the emergency contact number in a timely manner to18 | |
| 479 | + | report a problem with a condition described in subsection (1) or (2) of this19 | |
| 480 | + | section is deemed to have provided notice to the landlord of the problem.20 | |
| 481 | + | (6) If a landlord fails to comply with the requirements of this | |
| 482 | + | 21 | |
| 483 | + | section, a home owner of the park may file a complaint with the division22 | |
| 484 | + | of housing pursuant to the "Mobile Home Park Act Dispute Resolution23 | |
| 485 | + | and Enforcement Program" created in section 38-12-1104. O | |
| 486 | + | N AND AFTER | |
| 487 | + | 24 | |
| 488 | + | J | |
| 489 | + | ULY 1, 2024, OR EARLIER IF ALLOWED BY THE DIVISION, A RESIDENT WHO | |
| 490 | + | 25 | |
| 491 | + | DOES NOT OWN A MOBILE HOME IN THE PARK , A LOCAL GOVERNMENT, OR26 | |
| 492 | + | A NONPROFIT MAY FILE SUCH A COMPLAINT . If the division finds by a27 | |
| 493 | + | 1287 | |
| 494 | + | -14- written determination that the landlord has violated this section, the1 | |
| 495 | + | division may:2 | |
| 496 | + | (c) Require the landlord to reduce the rent owed by a home owner3 | |
| 497 | + | OR RESIDENT on a prorated basis to reflect the home owner's OR4 | |
| 498 | + | RESIDENT'S loss of use of the mobile home space; or5 | |
| 499 | + | (d) Require the landlord to compensate a home owner | |
| 500 | + | OR | |
| 501 | + | 6 | |
| 502 | + | RESIDENT for housing expenses on a per diem basis if the home owner OR7 | |
| 503 | + | RESIDENT is displaced from the home owner's mobile home as a result of8 | |
| 504 | + | the landlord's violation.9 | |
| 505 | + | 10 | |
| 506 | + | SECTION 12. In Colorado Revised Statutes, 38-12-212.4,11 | |
| 507 | + | amend (1) introductory portion, (1)(a), (1)(b), (2), (3), (4), (5), and (6) as12 | |
| 508 | + | follows:13 | |
| 509 | + | 38-12-212.4. Required disclosure and notice of water usage14 | |
| 510 | + | and billing - responsibility for leaks. (1) If the management charges15 | |
| 511 | + | home owners | |
| 512 | + | OR RESIDENTS individually for water usage in the park, then,16 | |
| 513 | + | on or before January 31 of each year, the management shall provide to17 | |
| 514 | + | each home owner | |
| 515 | + | AND RESIDENT and post IN BOTH ENGLISH AND SPANISH18 | |
| 516 | + | in a clearly visible location in at least one common area of the mobile19 | |
| 517 | + | home park the following information:20 | |
| 518 | + | (a) The methodology by which the management calculates the21 | |
| 519 | + | amount charged to each home owner | |
| 520 | + | OR RESIDENT for water usage on the22 | |
| 521 | + | home owner's | |
| 522 | + | OR RESIDENT'S lot;23 | |
| 523 | + | (b) The methodology by which the management calculates the24 | |
| 524 | + | amount charged to each home owner | |
| 525 | + | OR RESIDENT for water usage in25 | |
| 526 | + | common areas of the mobile home park; and26 | |
| 527 | + | (2) If the management charges home owners | |
| 528 | + | OR RESIDENTS for27 | |
| 529 | + | 1287 | |
| 530 | + | -15- water usage in the park, whether individually or in an aggregate amount,1 | |
| 531 | + | the management shall provide to each home owner | |
| 532 | + | OR RESIDENT a2 | |
| 533 | + | monthly water bill that indicates the amount owed by the home owner | |
| 534 | + | OR3 | |
| 535 | + | RESIDENT, the total amount owed by all the residents in the mobile home4 | |
| 536 | + | park, and, if the management purchases the water from a provider, the5 | |
| 537 | + | total amount paid by the management to the provider.6 | |
| 538 | + | (3) The management shall not charge a home owner | |
| 539 | + | OR RESIDENT7 | |
| 540 | + | for any costs in addition to the actual cost of water billed to the8 | |
| 541 | + | management.9 | |
| 542 | + | (4) The management shall use a methodology that is reasonable,10 | |
| 543 | + | equitable, and consistent for billing home owners | |
| 544 | + | OR RESIDENTS for any11 | |
| 545 | + | type of water usage.12 | |
| 546 | + | (5) If the management learns of a leak in a water line inside the13 | |
| 547 | + | park, the management shall notify each home owner | |
| 548 | + | AND RESIDENT of the14 | |
| 549 | + | leak within twenty-four hours.15 | |
| 550 | + | (6) The management shall not bill a home owner | |
| 551 | + | OR RESIDENT for16 | |
| 552 | + | any water usage that is caused by a leak in a water line inside the park.17 | |
| 553 | + | SECTION 13. In Colorado Revised Statutes, 38-12-212.5,18 | |
| 554 | + | amend (1), (2) introductory portion, (3)(a), and (5); and add (2)(e) and19 | |
| 555 | + | (4.5) as follows:20 | |
| 556 | + | 38-12-212.5. Prohibition on retaliation and harassment.21 | |
| 557 | + | (1) The management shall not take retaliatory action against a home22 | |
| 558 | + | owner | |
| 559 | + | OR RESIDENT who exercises any right conferred upon the home23 | |
| 560 | + | owner | |
| 561 | + | OR RESIDENT by this part 2, part 11 of this article 12, or any other24 | |
| 562 | + | provision of law.25 | |
| 563 | + | (2) Except as described in subsection (3) of this section, in an26 | |
| 564 | + | action or administrative proceeding by or against a home owner | |
| 565 | + | OR27 | |
| 566 | + | 1287 | |
| 567 | + | -16- RESIDENT, the management's action is presumed to be retaliatory if, within1 | |
| 568 | + | the one hundred twenty days preceding the management's action, the2 | |
| 152 | 569 | home owner | |
| 153 | - | . FAIR MARKET VALUE IS DETERMINED BASED ON THE VALUE | |
| 154 | - | OF THE MOBILE HOME IN ITS CURRENT LOCATION PRIOR TO THE DECISION TO | |
| 155 | - | CHANGE THE USE OF THE PARK | |
| 156 | - | . | |
| 157 | - | PAGE 4-HOUSE BILL 22-1287 (b) "RELOCATION COSTS" INCLUDES: | |
| 158 | - | (I) A | |
| 159 | - | NY REASONABLE COSTS INCURRED TO MOVE THE MOBILE HOME , | |
| 160 | - | FURNITURE, AND PERSONAL BELONGINGS THEREIN TO A REPLACEMENT SITE ; | |
| 570 | + | OR RESIDENT:3 | |
| 571 | + | (e) P | |
| 572 | + | ARTICIPATED IN A VOTE OR DECISION MAKING PROCESS4 | |
| 573 | + | CONCERNING THE OPPORTUNITY TO PURCHASE THE MOBILE HOME PARK5 | |
| 574 | + | PURSUANT TO SECTION 38-12-217.6 | |
| 575 | + | (3) The presumption of retaliatory action described in subsection7 | |
| 576 | + | (2) of this section does not apply to an action or administrative hearing8 | |
| 577 | + | where the management:9 | |
| 578 | + | (a) Addresses nonpayment of rent by a home owner | |
| 579 | + | OR RESIDENT,10 | |
| 580 | + | as described in section 38-12-204; or11 | |
| 581 | + | (4.5) T | |
| 582 | + | HE MANAGEMENT SHALL NOT :12 | |
| 583 | + | (a) H | |
| 584 | + | ARASS, INTIMIDATE, OR THREATEN, OR ATTEMPT TO HARASS,13 | |
| 585 | + | INTIMIDATE, OR THREATEN, ANY PERSON FOR FILING OR ATTEMPTING TO14 | |
| 586 | + | FILE A COMPLAINT, JOINING OR ATTEMPTING TO JOIN AN ASSOCIATION OF15 | |
| 587 | + | RESIDENTS OR HOME OWNERS , ENGAGING IN ACTIVITIES TO PROMOTE THE16 | |
| 588 | + | ORGANIZING AND EDUCATION OF RESIDENTS AND HOME OWNERS , OR17 | |
| 589 | + | VOTING OR ATTEMPTING TO VOTE ON A MATTER BEFORE THE ASSOCIATION18 | |
| 590 | + | OF RESIDENTS OR HOME OWNERS ; OR19 | |
| 591 | + | (b) C | |
| 592 | + | OERCE OR REQUIRE A PERSON TO SIGN AN AGREEMENT . 20 | |
| 593 | + | (5) The rights and remedies provided by this section are available21 | |
| 594 | + | to home owners | |
| 595 | + | AND RESIDENTS in addition to the anti-retaliation22 | |
| 596 | + | protection provided in section 38-12-1105 (13).23 | |
| 597 | + | SECTION 14. In Colorado Revised Statutes, 38-12-213, amend24 | |
| 598 | + | (5) introductory portion; and add (5)(b.5) and (7) as follows:25 | |
| 599 | + | 38-12-213. Rental agreement - disclosure of terms in writing26 | |
| 600 | + | - prohibited provisions. (5) A rental agreement may | |
| 601 | + | SHALL not include27 | |
| 602 | + | 1287 | |
| 603 | + | -17- any provision:1 | |
| 604 | + | (b.5) T | |
| 605 | + | HAT REQUIRES A HOME OWNER TO WAIVE THE OPPORTUNITY2 | |
| 606 | + | TO PURCHASE THE PARK ALLOWED UNDER SECTION | |
| 607 | + | 38-12-217.3 | |
| 608 | + | (7) I | |
| 609 | + | T IS A VIOLATION OF THIS PART 2 FOR THE MANAGEMENT TO4 | |
| 610 | + | REQUIRE A HOME OWNER TO SIGN A NEW LEASE OR AGREEMENT IN5 | |
| 611 | + | VIOLATION OF THIS SECTION OR TO MISLEAD A HOME OWNER ABOUT THE6 | |
| 612 | + | HOME OWNER'S OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT .7 | |
| 613 | + | SECTION 15. In Colorado Revised Statutes, 38-12-214, amend8 | |
| 614 | + | (1) introductory portion, (1)(e), (2), and (3)(a); and add (2.5) and (2.7) as9 | |
| 615 | + | follows:10 | |
| 616 | + | 38-12-214. Rules and regulations - amendments - notice -11 | |
| 617 | + | complaints. (1) The management shall adopt written rules and12 | |
| 618 | + | regulations concerning | |
| 619 | + | RESIDENTS' OR home owners' use and occupancy13 | |
| 620 | + | of the premises. Except as otherwise provided in this section, such rules14 | |
| 621 | + | and regulations are enforceable against a | |
| 622 | + | RESIDENT OR home owner only15 | |
| 623 | + | if:16 | |
| 624 | + | (e) They are established in the rental agreement at the inception17 | |
| 625 | + | of the tenancy, amended subsequently with the | |
| 626 | + | WRITTEN consent of the18 | |
| 627 | + | home owner, or, except as described in subsection (2) of this section,19 | |
| 628 | + | amended subsequently without the | |
| 629 | + | WRITTEN consent of the home owner20 | |
| 630 | + | after the management has provided written notice of the amendments to21 | |
| 631 | + | the home owner at least sixty days before the amendments become22 | |
| 632 | + | effective, and, if applicable, enforced in compliance with subsection (3)23 | |
| 633 | + | of this section.24 | |
| 634 | + | (2) When a mobile home | |
| 635 | + | OR ANY ACCESSORY BUILDING OR25 | |
| 636 | + | STRUCTURE is owned by a person other than the owner of the mobile26 | |
| 637 | + | home park in which the mobile home is located, the mobile home is | |
| 638 | + | AND27 | |
| 639 | + | 1287 | |
| 640 | + | -18- ACCESSORY BUILDING OR STRUCTURE ARE EACH a separate unit of1 | |
| 641 | + | ownership. and rules and regulations that impose THE ACCESSORY2 | |
| 642 | + | BUILDING OR STRUCTURE ARE EACH PRESUMED TO BE OWNED BY THE3 | |
| 643 | + | OWNER OF THE MOBILE HOME UNLESS THERE IS A WRITTEN AGREEMENT4 | |
| 644 | + | ESTABLISHING OWNERSHIP BY ANOTHER PERSON . IF A RULE OR5 | |
| 645 | + | REGULATION REQUIRES A HOME OWNER TO INCUR A COST OR IMPOSES6 | |
| 646 | + | restrictions or requirements on that separate unit that are adopted after the7 | |
| 647 | + | home owner signs the rental agreement and without the consent of the8 | |
| 648 | + | home owner are THE HOME OWNER'S RIGHT TO CONTROL WHAT HAPPENS9 | |
| 649 | + | IN OR TO THEIR MOBILE HOME AND ANY ACCESSORY BUILDING OR10 | |
| 650 | + | STRUCTURE AS A SEPARATE UNIT OF OWNERSHIP , INCLUDING WITHOUT11 | |
| 651 | + | LIMITATION, TO CONTROL THE STRUCTURE AND APPEARANCE OF THE12 | |
| 652 | + | MOBILE HOME, BUILDING, OR STRUCTURE; WHO VISITS THE MOBILE HOME,13 | |
| 653 | + | BUILDING, OR STRUCTURE OR WHO RESIDES IN THE MOBILE HOME ,14 | |
| 654 | + | BUILDING, OR STRUCTURE, PROVIDED THE PERSON WHO RESIDES IN THE15 | |
| 655 | + | MOBILE HOME, BUILDING, OR STRUCTURE WAS PREVIOUSLY APPROVED AS16 | |
| 656 | + | A RESIDENT OF THE PARK; AND LAWFUL ACTIVITIES TAKING PLACE IN THE17 | |
| 657 | + | MOBILE HOME, BUILDING, OR STRUCTURE THE RULE OR REGULATION IS18 | |
| 658 | + | presumed unreasonable Nothing in this subsection (2) prohibits the 19 | |
| 659 | + | management from requiring compliance with park rules and regulations20 | |
| 660 | + | at the time of sale or transfer to a new owner; except that, as used in this21 | |
| 661 | + | subsection (2), "transfer" does not include a transfer of ownership22 | |
| 662 | + | pursuant to death or divorce or a transfer of ownership to a new co-owner23 | |
| 663 | + | pursuant to marriage PURSUANT TO SUBSECTION (1)(c) OF THIS SECTION24 | |
| 664 | + | UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR REGULATION :25 | |
| 665 | + | (a) I | |
| 666 | + | S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY26 | |
| 667 | + | OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE27 | |
| 668 | + | 1287 | |
| 669 | + | -19- PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS1 | |
| 670 | + | REASONABLY POSSIBLE;2 | |
| 671 | + | (b) I | |
| 672 | + | S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A3 | |
| 673 | + | FEDERAL, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING4 | |
| 674 | + | LOCAL NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER5 | |
| 675 | + | RESIDENTS;6 | |
| 676 | + | (c) I | |
| 677 | + | S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT7 | |
| 678 | + | COERCION OR MISREPRESENTATION BY MANAGEMENT , IN WHICH CASE THE8 | |
| 679 | + | RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE9 | |
| 680 | + | COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION ;10 | |
| 681 | + | OR11 | |
| 682 | + | (d) I | |
| 683 | + | N A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS12 | |
| 684 | + | ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN13 | |
| 685 | + | ACCORDANCE WITH THE ORGANIZATION 'S BYLAWS AND MORE THAN FIFTY14 | |
| 686 | + | PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION .15 | |
| 687 | + | (2.5) (a) S | |
| 688 | + | UBSECTION (2) OF THIS SECTION DOES NOT PROHIBIT THE16 | |
| 689 | + | MANAGEMENT FROM REQUIRING COMPLIANCE BY A NEW HOME OWNER17 | |
| 690 | + | WITH PARK RULES AND REGULATIONS THAT WERE NOT ENFORCEABLE18 | |
| 691 | + | AGAINST THE PREVIOUS HOME OWNER AFTER THE SALE OR TRANSFER OF19 | |
| 692 | + | A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE AS DESCRIBED20 | |
| 693 | + | IN SUBSECTION (2.5)(b) OF THIS SECTION PROVIDED THAT THE RULES OR21 | |
| 694 | + | REGULATIONS COMPLY WITH THIS SECTION AND HAVE BEEN DULY NOTICED22 | |
| 695 | + | TO ALL HOME OWNERS AND RESIDENTS, INCLUDING THE SELLER, PURSUANT23 | |
| 696 | + | TO SUBSECTION (1)(e) OF THIS SECTION; EXCEPT THAT, AS USED IN THIS24 | |
| 697 | + | SUBSECTION (2.5), "TRANSFER" DOES NOT INCLUDE A TRANSFER OF25 | |
| 698 | + | OWNERSHIP PURSUANT TO DEATH OR DIVORCE OR A TRANSFER OF26 | |
| 699 | + | OWNERSHIP TO A NEW CO-OWNER WHO IS AN IMMEDIATE FAMILY MEMBER ,27 | |
| 700 | + | 1287 | |
| 701 | + | -20- SPOUSE, OR DOMESTIC PARTNER OF THE HOME OWNER .1 | |
| 702 | + | (b) T | |
| 703 | + | HE MANAGEMENT SHALL NOT REQUIRE A HOME OWNER2 | |
| 704 | + | SELLING A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE TO3 | |
| 705 | + | ENSURE THAT THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE4 | |
| 706 | + | COMPLIES WITH ANY RULES OR REGULATIONS BY THE CLOSING DATE OF5 | |
| 707 | + | THE SALE OR TO BEAR THE COSTS OF COMPLIANCE WITH ANY SUCH RULES6 | |
| 708 | + | OR REGULATIONS. IF THE MANAGEMENT REQUIRES ALL PROSPECTIVE7 | |
| 709 | + | BUYERS TO COMPLY WITH SUCH RULES AND REGULATIONS AS A CONDITION8 | |
| 710 | + | OF GAINING TENANCY IN THE PARK, THE MANAGEMENT SHALL PROMPTLY9 | |
| 711 | + | PROVIDE A WRITTEN LIST OF ITEMS FOR WHICH THE MANAGEMENT10 | |
| 712 | + | REQUIRES ACTION TO THE SELLER UPON RECEIVING NOTICE THAT THE11 | |
| 713 | + | MOBILE HOME IS FOR SALE. THE SELLER SHALL PROVIDE THE LIST TO ALL12 | |
| 714 | + | PROSPECTIVE BUYERS AND THE MANAGEMENT SHALL PROVIDE THE LIST TO13 | |
| 715 | + | THE BUYER UPON RECEIVING AN APPLICATION FOR TENANCY . THE14 | |
| 716 | + | MANAGEMENT SHALL ALLOW A REASONABLE AMOUNT OF TIME AFTER15 | |
| 717 | + | CLOSING FOR THE BUYER TO BRING THE MOBILE HOME OR ACCESSORY16 | |
| 718 | + | BUILDING OR STRUCTURE INTO COMPLIANCE , WHICH MUST BE AT LEAST17 | |
| 719 | + | THIRTY DAYS FROM THE CLOSING DATE .18 | |
| 720 | + | (2.7) (a) N | |
| 721 | + | OTWITHSTANDING ANY RENTAL AGREEMENT , THE19 | |
| 722 | + | MANAGEMENT SHALL NOT INTERFERE WITH A HOME OWNER 'S RIGHT TO20 | |
| 723 | + | SELL A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE , IN PLACE21 | |
| 724 | + | OR OTHERWISE, TO A BUYER OF THE HOME OWNER 'S CHOOSING22 | |
| 725 | + | REGARDLESS OF THE AGE OF THE HOME EXCEPT AS NECESSARY FOR THE23 | |
| 726 | + | MANAGEMENT TO ENSURE :24 | |
| 727 | + | (I) C | |
| 728 | + | OMPLIANCE WITH PARK-WIDE AFFORDABILITY | |
| 729 | + | RESTRICTIONS,25 | |
| 730 | + | INCLUDING REQUIREMENTS FOR OWNER OCCUPANCY ;26 | |
| 161 | 731 | (II) T | |
| 162 | - | HE REASONABLE COST OF DISASSEMBLING , MOVING, AND | |
| 163 | - | REASSEMBLING ANY ATTACHED APPURTENANCES AND STRUCTURES ON THE | |
| 164 | - | LOT OWNED BY THE HOME OWNER SUCH AS PORCHES | |
| 165 | - | , DECKS, SKIRTING, | |
| 166 | - | AWNINGS, AND SHEDS, WHICH WERE NOT ACQUIRED BY THE LANDLORD ; | |
| 167 | - | (III) T | |
| 168 | - | HE COSTS OF ANCHORING THE UNIT; | |
| 732 | + | HE FINANCIAL ABILITY OF THE HOME BUYER TO COMPLY WITH27 | |
| 733 | + | 1287 | |
| 734 | + | -21- THE BUYER'S OBLIGATIONS AS A NEW TENANT;1 | |
| 735 | + | (III) C | |
| 736 | + | OMPLIANCE WITH APPLICABLE LOCAL , STATE, OR FEDERAL2 | |
| 737 | + | LAW; AND3 | |
| 169 | 738 | (IV) T | |
| 170 | - | HE COSTS OF CONNECTING OR DISCONNECTING THE MOBILE | |
| 171 | - | HOME TO UTILITIES | |
| 172 | - | ; | |
| 173 | - | (V) I | |
| 174 | - | NSURANCE COVERAGE DURING TRANSPORT ; AND | |
| 175 | - | (VI) THE COST TO DISASSEMBLE AND REINSTALL ANY ACCESSIBILITY | |
| 176 | - | IMPROVEMENTS SUCH AS WHEELCHAIR RAMPS | |
| 177 | - | , LIFTS, AND GRAB BARS. | |
| 178 | - | (2) I | |
| 179 | - | F A LANDLORD INTENDS TO CHANGE THE USE OF THE LAND | |
| 180 | - | COMPRISING A MOBILE HOME PARK OR PART OF A MOBILE HOME PARK AND | |
| 181 | - | THE CHANGE IN USE WOULD RESULT IN THE DISPLACEMENT OF ONE OR MORE | |
| 182 | - | MOBILE HOMES IN THE PARK | |
| 183 | - | , FOR EACH DISPLACED MOBILE HOME , THE | |
| 184 | - | LANDLORD SHALL PROVIDE THE HOME OWNER OR HOME OWNERS ONE OF THE | |
| 185 | - | FOLLOWING AT THE HOME OWNER | |
| 186 | - | 'S OR HOME OWNERS' CHOOSING WITHIN | |
| 187 | - | THIRTY DAYS OF RECEIVING A WRITTEN DEMAND BY THE HOME OWNER OR | |
| 188 | - | HOME OWNERS | |
| 189 | - | : | |
| 190 | - | (a) P | |
| 191 | - | AYMENT OF RELOCATION COSTS TO RELOCATE THE MOBILE | |
| 192 | - | HOME TO A LOCATION OF THE HOME OWNER | |
| 193 | - | 'S CHOOSING WITHIN ONE | |
| 194 | - | HUNDRED MILES BY ROAD OF THE PARK | |
| 195 | - | . RELOCATION COSTS ARE | |
| 196 | - | DETERMINED BASED ON THE LOWEST ESTIMATE OBTAINED BY THE HOME | |
| 197 | - | OWNER FROM A MOBILE HOME MOVER | |
| 198 | - | . THE LANDLORD MAY REQUEST A | |
| 199 | - | COPY OF THE ESTIMATE TO SUPPORT THE REQUEST FOR PAYMENT OF | |
| 200 | - | RELOCATION COSTS | |
| 201 | - | . IF THE HOME OWNER EXERCISES THIS OPTION, THE HOME | |
| 202 | - | OWNER MUST ACTUALLY RELOCATE THE MOBILE HOME AND ALL PERSONAL | |
| 203 | - | BELONGINGS IN ACCORDANCE WITH THE ESTIMATE USED TO DETERMINE | |
| 204 | - | RELOCATION COSTS PRIOR TO THE DATE OF THE CHANGE IN USE SET FORTH | |
| 205 | - | IN THE NOTICE REQUIRED BY SECTION | |
| 206 | - | 38-12-203 (1)(d)(II). THE HOME | |
| 207 | - | PAGE 5-HOUSE BILL 22-1287 OWNER IS RESPONSIBLE FOR ADDITIONAL MILEAGE COSTS TO MOVE THE | |
| 208 | - | MOBILE HOME TO A LOCATION MORE THAN ONE HUNDRED MILES FROM THE | |
| 209 | - | PARK | |
| 210 | - | . | |
| 739 | + | HE ABSENCE OF A HOME BUYER 'S RELEVANT CRIMINAL4 | |
| 740 | + | HISTORY THAT WOULD INDICATE A REASONABLE CHANCE OF RISK TO5 | |
| 741 | + | OTHER RESIDENTS IN ACCORDANCE WITH SECTION 38-12-904 (1)(b).6 | |
| 742 | + | (b) A | |
| 743 | + | PROVISION IN A RENTAL AGREEMENT THAT LIMITS OR7 | |
| 744 | + | RESTRICTS A HOME OWNER 'S RIGHT TO SELL A MOBILE HOME OR8 | |
| 745 | + | ACCESSORY BUILDING OR STRUCTURE TO A BUYER OF THE HOME OWNER 'S9 | |
| 746 | + | CHOOSING OTHER THAN AS ALLOWED BY THIS SUBSECTION (2.7) IS10 | |
| 747 | + | UNENFORCEABLE.11 | |
| 748 | + | (3) (a) If the management provides each home owner written12 | |
| 749 | + | notice of the management's intent to add or amend any written rule or13 | |
| 750 | + | regulation as described in subsection (1)(e) of this section, a home owner14 | |
| 751 | + | may file a complaint challenging the rule, regulation, or amendment15 | |
| 752 | + | pursuant to section 38-12-1105 within sixty days after receiving the16 | |
| 753 | + | notice. If a home owner files such a complaint, and the new or amended17 | |
| 754 | + | rule or regulation will increase a cost to the home owner in an amount18 | |
| 755 | + | that equals or exceeds ten percent of the home owner's monthly rent19 | |
| 756 | + | obligation under the rental agreement, the management shall not enforce20 | |
| 757 | + | the rule, regulation, or amendment unless and until the parties reach an21 | |
| 758 | + | agreement concerning the rule, regulation, or amendment or the dispute22 | |
| 759 | + | resolution process concludes and the division of housing within the23 | |
| 760 | + | department of local affairs issues a written determination, pursuant to24 | |
| 761 | + | section 38-12-1105 (4), that the rule, regulation, or amendment does not25 | |
| 762 | + | constitute a violation of this part 2 and may be enforced. Notwithstanding26 | |
| 763 | + | any provision of part 11 of this article 12 to the contrary, as part of the27 | |
| 764 | + | 1287 | |
| 765 | + | -22- complaint process described in section 38-12-1105, the management has1 | |
| 766 | + | the burden of establishing that the rule, regulation, or amendment satisfies2 | |
| 767 | + | the requirements described in subsection (1) SUBSECTIONS (1) AND (2) of3 | |
| 768 | + | this section.4 | |
| 769 | + | SECTION 16. In Colorado Revised Statutes, 38-12-217, amend5 | |
| 770 | + | (1), (2), (3), (4)(a), (4)(b), (5) introductory portion, (5)(a), (5)(b), (6), (7),6 | |
| 771 | + | (8), (9), (10)(a), and (14)(a); and repeal and reenact, with amendments,7 | |
| 772 | + | (15) as follows:8 | |
| 773 | + | 38-12-217. Notice of change of use - notice of sale or closure of9 | |
| 774 | + | park - opportunity for home owners to purchase - procedures -10 | |
| 775 | + | exemptions - enforcement - private right of action - definition.11 | |
| 776 | + | (1) Except as specified in subsection (12) of this section:12 | |
| 777 | + | (a) (I) A mobile home park owner LANDLORD shall notify the13 | |
| 778 | + | owners of all mobile homes in the park and the municipality in which the14 | |
| 779 | + | park is situated or, if none, the county in which the park is situated15 | |
| 780 | + | PROVIDE NOTICE of the park owner's LANDLORD'S intent to change the use16 | |
| 781 | + | of the land comprising the park or to sell the park WITHIN FOURTEEN DAYS17 | |
| 782 | + | OF A TRIGGERING EVENT DEMONSTRATING THE LANDLORD 'S INTENT TO18 | |
| 783 | + | SELL. THE NOTICE MUST BE GIVEN IN ACCORDANCE WITH THE19 | |
| 784 | + | REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION.20 | |
| 785 | + | (II) A | |
| 786 | + | TRIGGERING EVENT REQUIRING NOTICE UNDER THIS21 | |
| 787 | + | SUBSECTION (1)(a) INCLUDES ANY TIME THE LANDLORD :22 | |
| 788 | + | (A) S | |
| 789 | + | IGNS A CONTRACT WITH A REAL ESTATE BROKER OR23 | |
| 790 | + | BROKERAGE FIRM TO LIST THE PARK FOR SALE OR TO SELL OR TRANSFER24 | |
| 791 | + | THE PARK;25 | |
| 211 | 792 | (B) S | |
| 212 | - | UBMIT A BINDING OFFER TO PURCHASE THE MOBILE HOME FOR | |
| 213 | - | THE GREATER OF | |
| 214 | - | : | |
| 215 | - | (I) S | |
| 216 | - | EVEN THOUSAND FIVE HUNDRED DOLLARS FOR A | |
| 217 | - | SINGLE | |
| 218 | - | -SECTION MOBILE HOME OR TEN THOUSAND DOLLARS FOR A | |
| 219 | - | MULTI | |
| 220 | - | -SECTION MOBILE HOME; OR | |
| 221 | - | (II) ONE HUNDRED PERCENT OF THE IN-PLACE FAIR MARKET VALUE | |
| 222 | - | AS DETERMINED THROUGH THE APPRAISAL PROCESS SET FORTH IN THIS | |
| 223 | - | SUBSECTION | |
| 224 | - | (2)(b)(II). WITHIN THIRTY DAYS OF SUBMITTING THE OFFER , | |
| 225 | - | THE LANDLORD SHALL HIRE A LICENSED , CERTIFIED RESIDENTIAL, OR | |
| 226 | - | CERTIFIED GENERAL APPRAISER FROM THE ACTIVE APPRAISERS LIST | |
| 227 | - | PUBLISHED BY THE DIVISION OF REAL ESTATE IN THE DEPARTMENT OF | |
| 228 | - | REGULATORY AGENCIES TO CONDUCT THE APPRAISAL | |
| 229 | - | . IF THE HOME OWNER | |
| 230 | - | DISPUTES THE APPRAISED VALUE OF THE MOBILE HOME | |
| 231 | - | , THE HOME OWNER | |
| 232 | - | MAY HIRE A LICENSED | |
| 233 | - | , CERTIFIED RESIDENTIAL, OR CERTIFIED GENERAL | |
| 234 | - | APPRAISER FROM THE ACTIVE APPRAI SERS LIST TO OBTAIN A SECOND | |
| 235 | - | APPRAISAL AT THE HOME OWNER | |
| 236 | - | 'S EXPENSE. TO BE CONSIDERED, THE HOME | |
| 237 | - | OWNER MUST OBTAIN THE APPRAISAL WITHIN SIXTY DAYS OF RECEIPT OF THE | |
| 238 | - | LANDLORD | |
| 239 | - | 'S APPRAISAL. THE RESULTS OF ALL APPRAISALS SHALL BE | |
| 240 | - | PROVIDED IN WRITING BY THE APPRAISER TO BOTH LANDLORD AND HOME | |
| 241 | - | OWNER | |
| 242 | - | . IF A SECOND APPRAISAL IS OBTAINED , THE HOME OWNER IS | |
| 243 | - | ENTITLED TO THE AVERAGE OF THE APPRAISALS OBTAINED BY THE | |
| 244 | - | LANDLORD AND THE HOME OWNER | |
| 245 | - | . IF THE HOME OWNER IS NOT SATISFIED | |
| 246 | - | WITH THE APPRAISAL OR APPRAISALS RECEIVED | |
| 247 | - | , THE HOME OWNER MAY | |
| 248 | - | SUBMIT A REQUEST FOR PAYMENT OF RELOCATION COSTS AS SET FORTH IN | |
| 249 | - | SUBSECTION | |
| 250 | - | (2)(a) OF THIS SECTION. IF THE HOME OWNER EXERCISES THE | |
| 251 | - | OPTION FOR PURCHASE UNDER THIS SUBSECTION | |
| 252 | - | (2)(b)(II), THE SALE | |
| 253 | - | CLOSING MUST OCCUR PRIOR TO THE DATE OF THE CHANGE IN USE SET FORTH | |
| 254 | - | IN THE NOTICE PROVIDED PURSUANT TO SECTION | |
| 255 | - | 38-12-203 (1)(d)(II). | |
| 256 | - | (3) I | |
| 257 | - | F AN APPRAISER CONDUCTING AN APPRAISAL PURSUANT TO | |
| 258 | - | SUBSECTION | |
| 259 | - | (2)(b)(II) OF THIS SECTION IDENTIFIES LACK OF MAINTENANCE, | |
| 260 | - | DEFERRED MAINTENANCE , OR DETERIORATION OF THE MOBILE HOME PARK | |
| 261 | - | BEYOND NORMAL WEAR AND TEAR THAT NEGATIVELY AFFECTS THE VALUE | |
| 262 | - | OF A MOBILE HOME | |
| 263 | - | , THE APPRAISER SHALL DETERMINE THE VALUE OF THE | |
| 264 | - | PAGE 6-HOUSE BILL 22-1287 HOME WITH AN UPWARD ADJUSTMENT IN VALUE IF NECESSARY TO ELIMINATE | |
| 265 | - | THE NEGATIVE EFFECT IN VALUE CAUSED BY THE LACK OF MAINTENANCE | |
| 266 | - | , | |
| 267 | - | DEFERRED MAINTENANCE , OR DETERIORATION OF THE PARK BEYOND | |
| 268 | - | NORMAL WEAR AND TEAR | |
| 269 | - | . | |
| 270 | - | (4) O | |
| 271 | - | N JULY 1, 2024, AND ON JULY 1 OF EACH YEAR THEREAFTER, | |
| 272 | - | THE DEPARTMENT SHALL ADJUST THE AMOUNT SPECIFIED IN SUBSECTION | |
| 273 | - | (2)(b)(I) OF THIS SECTION IN ACCORDANCE WITH THE PERCENTAGE CHANGE | |
| 274 | - | FOR THE PREVIOUS TWELVE MONTHS AT THE TIME OF THE CALCULATION IN | |
| 275 | - | THE | |
| 276 | - | UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, | |
| 277 | - | CONSUMER PRICE INDEX FOR DENVER-AURORA-LAKEWOOD FOR ALL ITEMS | |
| 278 | - | AND ALL URBAN CONSUMERS | |
| 279 | - | , OR ITS SUCCESSOR INDEX. THE DEPARTMENT | |
| 280 | - | SHALL PUBLISH THE ADJUSTED AMOUNT ON THE DEPARTMENT | |
| 281 | - | 'S WEBSITE. | |
| 282 | - | (5) A | |
| 283 | - | HOME OWNER IS ENTITLED TO THE REMEDIES PROVIDED UNDER | |
| 284 | - | THIS SECTION ONLY IF THE HOME OWNER HAS NOT GIVEN NOTICE TO | |
| 285 | - | TERMINATE THE HOME OWNER | |
| 286 | - | 'S LEASE OR RENTAL AGREEMENT AS OF THE | |
| 287 | - | DATE OF THE NOTICE OF THE CHANGE IN USE | |
| 288 | - | . | |
| 289 | - | (6) A | |
| 290 | - | NY AGREEMENT MADE WITH A HOME OWNER TO WAIVE ANY | |
| 291 | - | RIGHTS UNDER THIS SECTION IS INVALID AND INEFFECTIVE FOR ANY PURPOSE | |
| 292 | - | . | |
| 293 | - | SECTION 7. In Colorado Revised Statutes, 38-12-204, add (4) and | |
| 294 | - | (5) as follows: | |
| 295 | - | 38-12-204. Nonpayment of rent - notice required for rent | |
| 296 | - | increase - limitation on rent increases - repeal. (4) A | |
| 297 | - | LANDLORD SHALL | |
| 298 | - | NOT INCREASE RENT ON A MOBILE HOME PARK LOT IF THE PARK | |
| 299 | - | : | |
| 300 | - | (a) D | |
| 301 | - | OES NOT HAVE A CURRENT, ACTIVE REGISTRATION FILED WITH | |
| 302 | - | THE DIVISION OF HOUSING IN ACCORDANCE WITH SECTION | |
| 303 | - | 38-12-1106; | |
| 304 | - | (b) H | |
| 305 | - | AS ANY UNPAID PENALTIES OWED TO THE DIVISION OF HOUSING ; | |
| 306 | - | OR | |
| 307 | - | (c) HAS NOT FULLY COMPLIED WITH ANY FINAL AGENCY ORDER | |
| 308 | - | ISSUED BY THE DIVISION OF HOUSING | |
| 309 | - | . | |
| 310 | - | (5) A | |
| 311 | - | NOTICE OF A RENT INCREASE ISSUED IN VIOLATION OF THIS | |
| 312 | - | SECTION IS INVALID AND HAS NO FORCE AND EFFECT | |
| 313 | - | . | |
| 314 | - | PAGE 7-HOUSE BILL 22-1287 SECTION 8. In Colorado Revised Statutes, amend 38-12-206 as | |
| 315 | - | follows: | |
| 316 | - | 38-12-206. Home owner meetings - assembly in common areas | |
| 317 | - | - meeting hosted by landlord. (1) Home owners shall have the right to | |
| 318 | - | meet and establish a homeowners' association. Meetings of home owners | |
| 319 | - | or the homeowners' association relating to mobile home living and affairs | |
| 320 | - | in their park common area, community hall, or recreation hall, if such a | |
| 321 | - | facility or similar facility exists, shall not be subject to prohibition by the | |
| 322 | - | park management if the common area or hall is reserved according to the | |
| 323 | - | park rules and such meetings are held at reasonable hours and when the | |
| 324 | - | facility is not otherwise in use; except that no such meetings shall be held | |
| 325 | - | in the streets or thoroughfares of the mobile home park. | |
| 326 | - | (2) T | |
| 327 | - | HE MANAGEMENT SHALL NOT CHARGE HOME OWNERS OR | |
| 328 | - | RESIDENTS A FEE TO MEET IN COMMON BUILDINGS OR SPACES IN THE PARK | |
| 329 | - | , | |
| 330 | - | INCLUDING ANY COMMON AREA , COMMUNITY HALL, OR RECREATION HALL; | |
| 331 | - | EXCEPT THAT THE MANAGEMENT MAY CHARGE FOR THE REASONABLE COSTS | |
| 332 | - | OF CLEANING OR REPAIRING ACTUAL DAMAGES INCURRED | |
| 333 | - | . THE | |
| 334 | - | MANAGEMENT MAY RECUPERATE THE COST OF REPAIRS FOR ACTUAL | |
| 335 | - | DAMAGES BEYOND NORMAL WEAR AND TEAR THAT WERE CAUSED BY A | |
| 336 | - | HOME OWNER BY RETAINING A PORTION OF A HOME OWNER | |
| 337 | - | 'S SECURITY | |
| 338 | - | DEPOSIT | |
| 339 | - | . | |
| 340 | - | (3) I | |
| 341 | - | F REQUESTED BY A HOME OWNER OR RESIDENT , THE LANDLORD | |
| 342 | - | OF A MOBILE HOME PARK SHALL | |
| 343 | - | , WITHIN THIRTY DAYS OF RECEIVING THE | |
| 344 | - | REQUEST | |
| 345 | - | , HOST AND ATTEND A FREE , PUBLIC, ACCESSIBLE MEETING FOR | |
| 346 | - | RESIDENTS OF THE PARK | |
| 347 | - | ; EXCEPT THAT A LANDLORD IS NOT REQUIRED TO | |
| 348 | - | HOST AND ATTEND MORE THAN TWO M EETINGS IN A CALENDAR YEAR | |
| 349 | - | . | |
| 350 | - | N | |
| 351 | - | OTICE OF THE DATE, TIME, AND LOCATION OF THE MEETING MUST BE | |
| 352 | - | POSTED IN BOTH | |
| 353 | - | ENGLISH AND SPANISH IN A CLEARLY VISIBLE LOCATION IN | |
| 354 | - | COMMON AREAS OF THE MOBILE HOME PARK | |
| 355 | - | , INCLUDING ANY COMMUNITY | |
| 356 | - | HALL OR RECREATION HALL | |
| 357 | - | , FOR A PERIOD OF SEVEN DAYS BEFORE THE | |
| 358 | - | MEETING AND MUST BE PROVIDED BY MAIL AT LEAST FOURTEEN DAYS | |
| 359 | - | BEFORE THE MEETING TO EACH HOME OWNERS | |
| 360 | - | ' ASSOCIATION, RESIDENTS' | |
| 361 | - | ASSOCIATION, OR SIMILAR BODY THAT REPRESENTS THE RESIDENTS OF THE | |
| 362 | - | PARK | |
| 363 | - | . IN ADDITION TO MAILING THE NOTICE AS REQUIRED BY THIS SECTION , | |
| 364 | - | THE LANDLORD SHALL PROVIDE NOTICE OF THE MEETING BY E -MAIL TO EACH | |
| 365 | - | HOME OWNER AND RESIDENT WHO HAS AN E | |
| 366 | - | -MAIL ADDRESS ON FILE WITH | |
| 367 | - | THE LANDLORD | |
| 368 | - | . | |
| 369 | - | PAGE 8-HOUSE BILL 22-1287 SECTION 9. In Colorado Revised Statutes, 38-12-209, repeal (3) | |
| 370 | - | and (4) as follows: | |
| 371 | - | 38-12-209. Entry fees prohibited - security deposit. (3) The trial | |
| 372 | - | judge may award court costs and attorney fees in any court action brought | |
| 373 | - | pursuant to any provision of this part 2 to the prevailing party upon finding | |
| 374 | - | that the prevailing party undertook the court action and legal representation | |
| 375 | - | for a legally sufficient reason and not for a dilatory or unfounded cause. | |
| 376 | - | (4) The management or a resident may bring a civil action for | |
| 377 | - | violation of the rental agreement or any provision of this part 2 in the | |
| 378 | - | appropriate court of the county in which the park is located. Either party | |
| 379 | - | may recover actual damages or the court may in its discretion award such | |
| 380 | - | equitable relief as it deems necessary, including the enjoining of either party | |
| 381 | - | from further violations. | |
| 382 | - | SECTION 10. In Colorado Revised Statutes, 38-12-211, amend (1) | |
| 383 | - | as follows: | |
| 384 | - | 38-12-211. Selling and transfer fees prohibited - "for sale" signs | |
| 385 | - | permitted. (1) Neither the owner of a mobile home park nor the owner's | |
| 386 | - | agent may A LANDLORD SHALL NOT require payment of any type of selling | |
| 387 | - | fee or transfer fee by either a home owner in the park wishing to sell the | |
| 388 | - | home owner's mobile home to another party, | |
| 389 | - | A HOME OWNER WISHING TO | |
| 390 | - | REMOVE THE HOME OWNER | |
| 391 | - | 'S MOBILE HOME FROM THE PARK, or by | |
| 392 | - | any party | |
| 393 | - | wishing to buy a mobile home from a home owner in the park as a condition | |
| 394 | - | of tenancy in a park for the prospective buyer. T | |
| 395 | - | HIS SUBSECTION (1) DOES | |
| 396 | - | NOT PROHIBIT THE LANDLORD FROM CHARGING A RENTAL APPLICATION FEE | |
| 397 | - | THAT COMPLIES WITH SECTION | |
| 398 | - | 38-12-903 IF THE PROSPECTIVE BUYER IS | |
| 399 | - | BUYING THE MOBILE HOME IN PLACE AND IS APPLYING FOR TENANCY IN THE | |
| 400 | - | PARK | |
| 401 | - | . | |
| 402 | - | SECTION 11. In Colorado Revised Statutes, 38-12-212.3, amend | |
| 403 | - | (1)(b) introductory portion, (1)(b)(II), (3), (4)(b), (5), (6) introductory | |
| 404 | - | portion, (6)(c), and (6)(d) as follows: | |
| 405 | - | 38-12-212.3. Responsibilities of landlord - acts prohibited. | |
| 406 | - | (1) (b) If a landlord fails to maintain or repair the items described in | |
| 407 | - | subsection (1)(a)(II) | |
| 408 | - | OR (2)(b) of this section: | |
| 409 | - | PAGE 9-HOUSE BILL 22-1287 (II) The landlord is responsible for and shall pay the cost of | |
| 410 | - | providing alternative sources of potable water and maintaining portable | |
| 411 | - | toilets, which portable toilets are located reasonably near affected mobile | |
| 412 | - | homes in a manner that renders them accessible to people with disabilities, | |
| 413 | - | no later than twenty-four | |
| 414 | - | TWELVE hours after the service disruption begins, | |
| 415 | - | unless conditions beyond the landlord's control prevent compliance with | |
| 416 | - | this subsection (1)(b)(II); and | |
| 417 | - | (3) A landlord shall not require a resident to assume any of the | |
| 418 | - | responsibilities described in subsection (1) or (2) of this section as a | |
| 419 | - | condition of any home owner's | |
| 420 | - | tenancy in the park. | |
| 421 | - | (4) Nothing in this section may be construed as: | |
| 422 | - | (b) Restricting a landlord from requiring a home owner | |
| 423 | - | OR RESIDENT | |
| 424 | - | to comply with rules and regulations of the park that are enforceable | |
| 425 | - | pursuant to section 38-12-214 or with terms of the rental agreement and any | |
| 426 | - | covenants binding upon the landlord or home owner | |
| 427 | - | OR RESIDENT, including | |
| 428 | - | covenants running with the land that pertain to the cleanliness of the home | |
| 429 | - | owner's | |
| 430 | - | OR RESIDENT'S lot and routine lawn and yard maintenance, and | |
| 431 | - | excluding major landscaping projects. | |
| 432 | - | (5) A landlord shall establish and maintain an emergency contact | |
| 433 | - | number, post the number in common areas of the park, and communicate | |
| 434 | - | the number to home owners | |
| 435 | - | AND RESIDENTS in each rental agreement and | |
| 436 | - | each revision of the park rules and regulations. A home owner | |
| 437 | - | OR RESIDENT | |
| 438 | - | who uses the emergency contact number in a timely manner to report a | |
| 439 | - | problem with a condition described in subsection (1) or (2) of this section | |
| 440 | - | is deemed to have provided notice to the landlord of the problem. | |
| 441 | - | (6) If a landlord fails to comply with the requirements of this | |
| 442 | - | section, a home owner of the park may file a complaint with the division of | |
| 443 | - | housing pursuant to the "Mobile Home Park Act Dispute Resolution and | |
| 444 | - | Enforcement Program" created in section 38-12-1104. O | |
| 445 | - | N AND AFTER JULY | |
| 446 | - | 1, 2024, OR EARLIER IF ALLOWED BY THE DIVISION, A RESIDENT WHO DOES | |
| 447 | - | NOT OWN A MOBILE HOME IN THE PARK | |
| 448 | - | , A LOCAL GOVERNMENT , OR A | |
| 449 | - | NONPROFIT MAY FILE SUCH A COMPLAINT | |
| 450 | - | . If the division finds by a written | |
| 451 | - | determination that the landlord has violated this section, the division may: | |
| 452 | - | (c) Require the landlord to reduce the rent owed by a home owner | |
| 453 | - | PAGE 10-HOUSE BILL 22-1287 OR RESIDENT on a prorated basis to reflect the home owner's OR RESIDENT'S | |
| 454 | - | loss of use of the mobile home space; or | |
| 455 | - | (d) Require the landlord to compensate a home owner | |
| 456 | - | OR RESIDENT | |
| 457 | - | for housing expenses on a per diem basis if the home owner OR RESIDENT | |
| 458 | - | is displaced from the home owner's | |
| 459 | - | mobile home as a result of the landlord's | |
| 460 | - | violation. | |
| 461 | - | SECTION 12. In Colorado Revised Statutes, 38-12-212.4, amend | |
| 462 | - | (1) introductory portion, (1)(a), (1)(b), (2), (3), (4), (5), and (6) as follows: | |
| 463 | - | 38-12-212.4. Required disclosure and notice of water usage and | |
| 464 | - | billing - responsibility for leaks. (1) If the management charges home | |
| 465 | - | owners | |
| 466 | - | OR RESIDENTS individually for water usage in the park, then, on or | |
| 467 | - | before January 31 of each year, the management shall provide to each home | |
| 468 | - | owner | |
| 469 | - | AND RESIDENT and post IN BOTH ENGLISH AND SPANISH in a clearly | |
| 470 | - | visible location in at least one common area of the mobile home park the | |
| 471 | - | following information: | |
| 472 | - | (a) The methodology by which the management calculates the | |
| 473 | - | amount charged to each home owner | |
| 474 | - | OR RESIDENT for water usage on the | |
| 475 | - | home owner's | |
| 476 | - | OR RESIDENT'S lot; | |
| 477 | - | (b) The methodology by which the management calculates the | |
| 478 | - | amount charged to each home owner | |
| 479 | - | OR RESIDENT for water usage in | |
| 480 | - | common areas of the mobile home park; and | |
| 481 | - | (2) If the management charges home owners | |
| 482 | - | OR RESIDENTS for water | |
| 483 | - | usage in the park, whether individually or in an aggregate amount, the | |
| 484 | - | management shall provide to each home owner | |
| 485 | - | OR RESIDENT a monthly | |
| 486 | - | water bill that indicates the amount owed by the home owner | |
| 487 | - | OR RESIDENT, | |
| 488 | - | the total amount owed by all the residents in the mobile home park, and, if | |
| 489 | - | the management purchases the water from a provider, the total amount paid | |
| 490 | - | by the management to the provider. | |
| 491 | - | (3) The management shall not charge a home owner | |
| 492 | - | OR RESIDENT | |
| 493 | - | for any costs in addition to the actual cost of water billed to the | |
| 494 | - | management. | |
| 495 | - | (4) The management shall use a methodology that is reasonable, | |
| 496 | - | PAGE 11-HOUSE BILL 22-1287 equitable, and consistent for billing home owners OR RESIDENTS for any | |
| 497 | - | type of water usage. | |
| 498 | - | (5) If the management learns of a leak in a water line inside the | |
| 499 | - | park, the management shall notify each home owner | |
| 500 | - | AND RESIDENT of the | |
| 501 | - | leak within twenty-four hours. | |
| 502 | - | (6) The management shall not bill a home owner | |
| 503 | - | OR RESIDENT for | |
| 504 | - | any water usage that is caused by a leak in a water line inside the park. | |
| 505 | - | SECTION 13. In Colorado Revised Statutes, 38-12-212.5, amend | |
| 506 | - | (1), (2) introductory portion, (3)(a), and (5); and add (2)(e) and (4.5) as | |
| 507 | - | follows: | |
| 508 | - | 38-12-212.5. Prohibition on retaliation and harassment. (1) The | |
| 509 | - | management shall not take retaliatory action against a home owner | |
| 510 | - | OR | |
| 511 | - | RESIDENT | |
| 512 | - | who exercises any right conferred upon the home owner OR | |
| 513 | - | RESIDENT | |
| 514 | - | by this part 2, part 11 of this article 12, or any other provision of | |
| 515 | - | law. | |
| 516 | - | (2) Except as described in subsection (3) of this section, in an action | |
| 517 | - | or administrative proceeding by or against a home owner | |
| 518 | - | OR RESIDENT, the | |
| 519 | - | management's action is presumed to be retaliatory if, within the one hundred | |
| 520 | - | twenty days preceding the management's action, the home owner | |
| 521 | - | OR | |
| 522 | - | RESIDENT | |
| 523 | - | : | |
| 524 | - | (e) P | |
| 525 | - | ARTICIPATED IN A VOTE OR DECISION MAKING PROCESS | |
| 526 | - | CONCERNING THE OPPORTUNITY TO PURCHASE THE MOBILE HOME PARK | |
| 527 | - | PURSUANT TO SECTION | |
| 528 | - | 38-12-217. | |
| 529 | - | (3) The presumption of retaliatory action described in subsection (2) | |
| 530 | - | of this section does not apply to an action or administrative hearing where | |
| 531 | - | the management: | |
| 532 | - | (a) Addresses nonpayment of rent by a home owner | |
| 533 | - | OR RESIDENT, | |
| 534 | - | as described in section 38-12-204; or | |
| 535 | - | (4.5) T | |
| 536 | - | HE MANAGEMENT SHALL NOT : | |
| 537 | - | (a) H | |
| 538 | - | ARASS, INTIMIDATE, OR THREATEN, OR ATTEMPT TO HARASS, | |
| 539 | - | PAGE 12-HOUSE BILL 22-1287 INTIMIDATE, OR THREATEN, ANY PERSON FOR FILING OR ATTEMPTING TO FILE | |
| 540 | - | A COMPLAINT | |
| 541 | - | , JOINING OR ATTEMPTING TO JOIN AN ASSOCIATION OF | |
| 542 | - | RESIDENTS OR HOME OWNERS | |
| 543 | - | , ENGAGING IN ACTIVITIES TO PROMOTE THE | |
| 544 | - | ORGANIZING AND EDUCATION OF RESIDENTS AND HOME OWNERS | |
| 545 | - | , OR VOTING | |
| 546 | - | OR ATTEMPTING TO VOTE ON A MATTER BEFORE THE ASSOCIATION OF | |
| 547 | - | RESIDENTS OR HOME OWNERS | |
| 548 | - | ; OR | |
| 549 | - | (b) COERCE OR REQUIRE A PERSON TO SIGN AN AGREEMENT . | |
| 550 | - | (5) The rights and remedies provided by this section are available | |
| 551 | - | to home owners | |
| 552 | - | AND RESIDENTS in addition to the anti-retaliation protection | |
| 553 | - | provided in section 38-12-1105 (13). | |
| 554 | - | SECTION 14. In Colorado Revised Statutes, 38-12-213, amend (5) | |
| 555 | - | introductory portion; and add (5)(b.5) and (7) as follows: | |
| 556 | - | 38-12-213. Rental agreement - disclosure of terms in writing - | |
| 557 | - | prohibited provisions. (5) A rental agreement may | |
| 558 | - | SHALL not include any | |
| 559 | - | provision: | |
| 560 | - | (b.5) T | |
| 561 | - | HAT REQUIRES A HOME OWNER TO WAIVE THE OPPORTUNITY | |
| 562 | - | TO PURCHASE THE PARK ALLOWED UNDER SECTION | |
| 563 | - | 38-12-217. | |
| 564 | - | (7) I | |
| 565 | - | T IS A VIOLATION OF THIS PART 2 FOR THE MANAGEMENT TO | |
| 566 | - | REQUIRE A HOME OWNER TO SIGN A NEW LEASE OR AGREEMENT IN | |
| 567 | - | VIOLATION OF THIS SECTION OR TO MISLEAD A HOME OWNER ABOUT THE | |
| 568 | - | HOME OWNER | |
| 569 | - | 'S OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT . | |
| 570 | - | SECTION 15. In Colorado Revised Statutes, 38-12-214, amend (1) | |
| 571 | - | introductory portion, (1)(e), (2), and (3)(a); and add (2.5) and (2.7) as | |
| 572 | - | follows: | |
| 573 | - | 38-12-214. Rules and regulations - amendments - notice - | |
| 574 | - | complaints. (1) The management shall adopt written rules and regulations | |
| 575 | - | concerning | |
| 576 | - | RESIDENTS' OR home owners' use and occupancy of the | |
| 577 | - | premises. Except as otherwise provided in this section, such rules and | |
| 578 | - | regulations are enforceable against a | |
| 579 | - | RESIDENT OR home owner only if: | |
| 580 | - | (e) They are established in the rental agreement at the inception of | |
| 581 | - | the tenancy, amended subsequently with the | |
| 582 | - | WRITTEN consent of the home | |
| 583 | - | PAGE 13-HOUSE BILL 22-1287 owner, or, except as described in subsection (2) of this section, amended | |
| 584 | - | subsequently without the | |
| 585 | - | WRITTEN consent of the home owner after the | |
| 586 | - | management has provided written notice of the amendments to the home | |
| 587 | - | owner at least sixty days before the amendments become effective, and, if | |
| 588 | - | applicable, enforced in compliance with subsection (3) of this section. | |
| 589 | - | (2) When a mobile home | |
| 590 | - | OR ANY ACCESSORY BUILDING OR | |
| 591 | - | STRUCTURE | |
| 592 | - | is owned by a person other than the owner of the mobile home | |
| 593 | - | park in which the mobile home is located, the mobile home is | |
| 594 | - | AND | |
| 595 | - | ACCESSORY BUILDING OR STRUCTURE ARE EACH | |
| 596 | - | a separate unit of | |
| 597 | - | ownership. and rules and regulations that impose | |
| 598 | - | THE ACCESSORY BUILDING | |
| 599 | - | OR STRUCTURE ARE EACH PRESUMED TO BE OWNED BY THE OWNER OF THE | |
| 600 | - | MOBILE HOME UNLESS THERE IS A WRITTEN AGREEMENT ESTABLISHING | |
| 601 | - | OWNERSHIP BY ANOTHER PERSON | |
| 602 | - | . IF A RULE OR REGULATION REQUIRES A | |
| 603 | - | HOME OWNER TO INCUR A COST OR IMPOSES | |
| 604 | - | restrictions or requirements on | |
| 605 | - | that separate unit that are adopted after the home owner signs the rental | |
| 606 | - | agreement and without the consent of the home owner are THE HOME | |
| 607 | - | OWNER | |
| 608 | - | 'S RIGHT TO CONTROL WHAT HAPPENS IN OR TO THEIR MOBILE HOME | |
| 609 | - | AND ANY ACCESSORY BUILDING OR STRUCTURE AS A SEPARATE UNIT OF | |
| 610 | - | OWNERSHIP | |
| 611 | - | , INCLUDING WITHOUT LIMITATION, TO CONTROL THE STRUCTURE | |
| 612 | - | AND APPEARANCE OF THE MOBILE HOME | |
| 613 | - | , BUILDING, OR STRUCTURE; WHO | |
| 614 | - | VISITS THE MOBILE HOME | |
| 615 | - | , BUILDING, OR STRUCTURE OR WHO RESIDES IN THE | |
| 616 | - | MOBILE HOME | |
| 617 | - | , BUILDING, OR STRUCTURE, PROVIDED THE PERSON WHO | |
| 618 | - | RESIDES IN THE MOBILE HOME | |
| 619 | - | , BUILDING, OR STRUCTURE WAS PREVIOUSLY | |
| 620 | - | APPROVED AS A RESIDENT OF THE PARK | |
| 621 | - | ; AND LAWFUL ACTIVITIES TAKING | |
| 622 | - | PLACE IN THE MOBILE HOME | |
| 623 | - | , BUILDING, OR STRUCTURE THE RULE OR | |
| 624 | - | REGULATION IS | |
| 625 | - | presumed unreasonable Nothing in this subsection (2) | |
| 626 | - | prohibits the management from requiring compliance with park rules and | |
| 627 | - | regulations at the time of sale or transfer to a new owner; except that, as | |
| 628 | - | used in this subsection (2), "transfer" does not include a transfer of | |
| 629 | - | ownership pursuant to death or divorce or a transfer of ownership to a new | |
| 630 | - | co-owner pursuant to marriage PURSUANT TO SUBSECTION (1)(c) OF THIS | |
| 631 | - | SECTION UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR | |
| 632 | - | REGULATION | |
| 633 | - | : | |
| 634 | - | (a) I | |
| 635 | - | S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY | |
| 636 | - | OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE | |
| 637 | - | PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS REASONABLY | |
| 638 | - | POSSIBLE | |
| 639 | - | ; | |
| 640 | - | PAGE 14-HOUSE BILL 22-1287 (b) IS STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A | |
| 641 | - | FEDERAL | |
| 642 | - | , STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING LOCAL | |
| 643 | - | NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER RESIDENTS | |
| 644 | - | ; | |
| 645 | - | (c) I | |
| 646 | - | S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT | |
| 647 | - | COERCION OR MISREPRESENTATION BY MANAGEMENT | |
| 648 | - | , IN WHICH CASE THE | |
| 649 | - | RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE | |
| 650 | - | COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION | |
| 651 | - | ; OR | |
| 652 | - | (d) IN A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS | |
| 653 | - | ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN | |
| 654 | - | ACCORDANCE WITH THE ORGANIZATION | |
| 655 | - | 'S BYLAWS AND MORE THAN FIFTY | |
| 656 | - | PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION | |
| 657 | - | . | |
| 658 | - | (2.5) (a) S | |
| 659 | - | UBSECTION (2) OF THIS SECTION DOES NOT PROHIBIT THE | |
| 660 | - | MANAGEMENT FROM REQUIRING COMPLIANCE BY A NEW HOME OWNER WITH | |
| 661 | - | PARK RULES AND REGULATIONS THAT WERE NOT ENFORCEABLE AGAINST THE | |
| 662 | - | PREVIOUS HOME OWNER AFTER THE SALE OR TRANSFER OF A MOBILE HOME | |
| 663 | - | OR ACCESSORY BUILDING OR STRUCTURE AS DESCRIBED IN SUBSECTION | |
| 664 | - | (2.5)(b) OF THIS SECTION PROVIDED THAT THE RULES OR REGULATIONS | |
| 665 | - | COMPLY WITH THIS SECTION AND HAVE BEEN DULY NOTICED TO ALL HOME | |
| 666 | - | OWNERS AND RESIDENTS | |
| 667 | - | , INCLUDING THE SELLER, PURSUANT TO SUBSECTION | |
| 668 | - | (1)(e) OF THIS SECTION; EXCEPT THAT, AS USED IN THIS SUBSECTION (2.5), | |
| 669 | - | " | |
| 670 | - | TRANSFER" DOES NOT INCLUDE A TRANSFER OF OWNERSHIP PURSUANT TO | |
| 671 | - | DEATH OR DIVORCE OR A TRANSFER OF OWNERSHIP TO A NEW CO | |
| 672 | - | -OWNER | |
| 673 | - | WHO IS AN IMMEDIATE FAMILY MEMBER | |
| 674 | - | , SPOUSE, OR DOMESTIC PARTNER OF | |
| 675 | - | THE HOME OWNER | |
| 676 | - | . | |
| 677 | - | (b) T | |
| 678 | - | HE MANAGEMENT SHALL NOT REQUIRE A HOME OWNER SELLING | |
| 679 | - | A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE TO ENSURE THAT | |
| 680 | - | THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE COMPLIES WITH | |
| 681 | - | ANY RULES OR REGULATIONS BY THE CLOSING DATE OF THE SALE OR TO BEAR | |
| 682 | - | THE COSTS OF COMPLIANCE WITH ANY SUCH RULES OR REGULATIONS | |
| 683 | - | . IF THE | |
| 684 | - | MANAGEMENT REQUIRES ALL PROSPECTIVE BUYERS TO COMPLY WITH SUCH | |
| 685 | - | RULES AND REGULATIONS AS A CONDITION OF GAINING TENANCY IN THE | |
| 686 | - | PARK | |
| 687 | - | , THE MANAGEMENT SHALL PROMPTLY PROVIDE A WRITTEN LIST OF | |
| 688 | - | ITEMS FOR WHICH THE MANAGEMENT REQUIRES ACTION TO THE SELLER UPON | |
| 689 | - | RECEIVING NOTICE THAT THE MOBILE HOME IS FOR SALE | |
| 690 | - | . THE SELLER SHALL | |
| 691 | - | PROVIDE THE LIST TO ALL PROSPECTIVE BUYERS AND THE MANAGEMENT | |
| 692 | - | SHALL PROVIDE THE LIST TO THE BUYER UPON RECEIVING AN APPLICATION | |
| 693 | - | PAGE 15-HOUSE BILL 22-1287 FOR TENANCY. THE MANAGEMENT SHALL ALLOW A REASONABLE AMOUNT | |
| 694 | - | OF TIME AFTER CLOSING FOR THE BUYER TO BRING THE MOBILE HOME OR | |
| 695 | - | ACCESSORY BUILDING OR STRUCTURE INTO COMPLIANCE | |
| 696 | - | , WHICH MUST BE AT | |
| 697 | - | LEAST THIRTY DAYS FROM THE CLOSING DATE | |
| 698 | - | . | |
| 699 | - | (2.7) (a) N | |
| 700 | - | OTWITHSTANDING ANY RENTAL AGREEMENT , THE | |
| 701 | - | MANAGEMENT SHALL NOT INTERFERE WITH A HOME OWNER | |
| 702 | - | 'S RIGHT TO SELL | |
| 703 | - | A MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE | |
| 704 | - | , IN PLACE OR | |
| 705 | - | OTHERWISE | |
| 706 | - | , TO A BUYER OF THE HOME OWNER'S CHOOSING REGARDLESS OF | |
| 707 | - | THE AGE OF THE HOME EXCEPT AS NECESSARY FOR THE MANAGEMENT TO | |
| 708 | - | ENSURE | |
| 709 | - | : | |
| 710 | - | (I) C | |
| 711 | - | OMPLIANCE WITH PARK-WIDE AFFORDABILITY RESTRICTIONS , | |
| 712 | - | INCLUDING REQUIREMENTS FOR OWNER OCCUPANCY ; | |
| 713 | - | (II) T | |
| 714 | - | HE FINANCIAL ABILITY OF THE HOME BUYER TO COMPLY WITH | |
| 715 | - | THE BUYER | |
| 716 | - | 'S OBLIGATIONS AS A NEW TENANT; | |
| 717 | - | (III) C | |
| 718 | - | OMPLIANCE WITH APPLICABLE LOCAL , STATE, OR FEDERAL | |
| 719 | - | LAW | |
| 720 | - | ; AND | |
| 721 | - | (IV) THE ABSENCE OF A HOME BUYER 'S RELEVANT CRIMINAL | |
| 722 | - | HISTORY THAT WOULD INDICATE A REASONABLE CHANCE OF RISK TO OTHER | |
| 723 | - | RESIDENTS IN ACCORDANCE WITH SECTION | |
| 724 | - | 38-12-904 (1)(b). | |
| 725 | - | (b) A | |
| 726 | - | PROVISION IN A RENTAL AGREEMENT THAT LIMITS OR | |
| 727 | - | RESTRICTS A HOME OWNER | |
| 728 | - | 'S RIGHT TO SELL A MOBILE HOME OR ACCESSORY | |
| 729 | - | BUILDING OR STRUCTURE TO A BUYER OF THE HOME OWNER | |
| 730 | - | 'S CHOOSING | |
| 731 | - | OTHER THAN AS ALLOWED BY THIS SUBSECTION | |
| 732 | - | (2.7) IS UNENFORCEABLE. | |
| 733 | - | (3) (a) If the management provides each home owner written notice | |
| 734 | - | of the management's intent to add or amend any written rule or regulation | |
| 735 | - | as described in subsection (1)(e) of this section, a home owner may file a | |
| 736 | - | complaint challenging the rule, regulation, or amendment pursuant to | |
| 737 | - | section 38-12-1105 within sixty days after receiving the notice. If a home | |
| 738 | - | owner files such a complaint, and the new or amended rule or regulation | |
| 739 | - | will increase a cost to the home owner in an amount that equals or exceeds | |
| 740 | - | ten percent of the home owner's monthly rent obligation under the rental | |
| 741 | - | agreement, the management shall not enforce the rule, regulation, or | |
| 742 | - | amendment unless and until the parties reach an agreement concerning the | |
| 743 | - | PAGE 16-HOUSE BILL 22-1287 rule, regulation, or amendment or the dispute resolution process concludes | |
| 744 | - | and the division of housing within the department of local affairs issues a | |
| 745 | - | written determination, pursuant to section 38-12-1105 (4), that the rule, | |
| 746 | - | regulation, or amendment does not constitute a violation of this part 2 and | |
| 747 | - | may be enforced. Notwithstanding any provision of part 11 of this article 12 | |
| 748 | - | to the contrary, as part of the complaint process described in section | |
| 749 | - | 38-12-1105, the management has the burden of establishing that the rule, | |
| 750 | - | regulation, or amendment satisfies the requirements described in subsection | |
| 751 | - | (1) SUBSECTIONS (1) AND (2) of this section. | |
| 752 | - | SECTION 16. In Colorado Revised Statutes, 38-12-217, amend | |
| 753 | - | (1), (2), (3), (4)(a), (4)(b), (5) introductory portion, (5)(a), (5)(b), (6), (7), | |
| 754 | - | (8), (9), (10)(a), and (14)(a); and repeal and reenact, with amendments, | |
| 755 | - | (15) as follows: | |
| 756 | - | 38-12-217. Notice of change of use - notice of sale or closure of | |
| 757 | - | park - opportunity for home owners to purchase - procedures - | |
| 758 | - | exemptions - enforcement - private right of action - definition. | |
| 759 | - | (1) Except as specified in subsection (12) of this section: | |
| 760 | - | (a) (I) A mobile home park owner | |
| 761 | - | LANDLORD shall notify the owners | |
| 762 | - | of all mobile homes in the park and the municipality in which the park is | |
| 763 | - | situated or, if none, the county in which the park is situated PROVIDE NOTICE | |
| 764 | - | of the park owner's LANDLORD'S intent to change the use of the land | |
| 765 | - | comprising the park or to sell the park WITHIN FOURTEEN DAYS OF A | |
| 766 | - | TRIGGERING EVENT DEMONSTRATING THE LANDLORD | |
| 767 | - | 'S INTENT TO SELL. THE | |
| 768 | - | NOTICE MUST BE GIVEN IN ACCORDANCE WITH THE REQUIREMENTS OF | |
| 769 | - | SUBSECTION | |
| 770 | - | (2) OF THIS SECTION. | |
| 771 | - | (II) A | |
| 772 | - | TRIGGERING EVENT REQUIRING NOTICE UNDER THIS | |
| 773 | - | SUBSECTION | |
| 774 | - | (1)(a) INCLUDES ANY TIME THE LANDLORD : | |
| 775 | - | (A) S | |
| 776 | - | IGNS A CONTRACT WITH A REAL ESTATE BROKER OR | |
| 777 | - | BROKERAGE FIRM TO LIST THE PARK FOR SALE OR TO SELL OR TRANSFER THE | |
| 778 | - | PARK | |
| 779 | - | ; | |
| 780 | - | (B) S | |
| 781 | - | IGNS A LETTER OF INTENT, OPTION TO SELL OR BUY, OR OTHER | |
| 782 | - | CONDITIONAL WRITTEN AGREEMENT WITH A POTENTIAL BUYER FOR THE SALE | |
| 783 | - | OR TRANSFER OF THE PARK | |
| 784 | - | , WHICH INCLUDES THE ESTIMATED PRICE, TERMS, | |
| 785 | - | AND CONDITIONS OF THE PROPOSED SALE OR TRANSFER , EVEN IF SUCH PRICE, | |
| 786 | - | PAGE 17-HOUSE BILL 22-1287 TERMS, OR CONDITIONS ARE SUBJECT TO CHANGE ; | |
| 793 | + | IGNS A LETTER OF INTENT, OPTION TO SELL OR BUY, OR OTHER26 | |
| 794 | + | CONDITIONAL WRITTEN AGREEMENT WITH A POTENTIAL BUYER FOR THE27 | |
| 795 | + | 1287 | |
| 796 | + | -23- SALE OR TRANSFER OF THE PARK, WHICH INCLUDES THE ESTIMATED PRICE,1 | |
| 797 | + | TERMS, AND CONDITIONS OF THE PROPOSED SALE OR TRANSFER , EVEN IF2 | |
| 798 | + | SUCH PRICE, TERMS, OR CONDITIONS ARE SUBJECT TO CHANGE ;3 | |
| 787 | 799 | (C) S | |
| 788 | - | IGNS A CONTRACT WITH A POTENTIAL BUYER 'S REAL ESTATE | |
| 789 | - | BROKER OR BROKERAGE FIRM RELATED TO THE POTENTIAL SALE OR | |
| 790 | - | TRANSFER OF THE PARK | |
| 791 | - | ; | |
| 800 | + | IGNS A CONTRACT WITH A POTENTIAL BUYER 'S REAL ESTATE4 | |
| 801 | + | BROKER OR BROKERAGE FIRM RELATED TO THE POTENTIAL SALE OR5 | |
| 802 | + | TRANSFER OF THE PARK;6 | |
| 792 | 803 | (D) A | |
| 793 | - | CCEPTS AN EARNEST MONEY PROMISSORY NOTE OR DEPOSIT | |
| 794 | - | FROM A POTENTIAL BUYER FOR THE SALE OR TRANSFER OF THE PARK | |
| 795 | - | ; | |
| 804 | + | CCEPTS AN EARNEST MONEY PROMISSORY NOTE OR DEPOSIT7 | |
| 805 | + | FROM A POTENTIAL BUYER FOR THE SALE OR TRANSFER OF THE PARK ;8 | |
| 796 | 806 | (E) R | |
| 797 | - | ESPONDS TO A POTENTIAL BUYER 'S DUE DILIGENCE REQUEST | |
| 798 | - | FOR THE PARK | |
| 799 | - | ; | |
| 807 | + | ESPONDS TO A POTENTIAL BUYER'S DUE DILIGENCE REQUEST9 | |
| 808 | + | FOR THE PARK;10 | |
| 800 | 809 | (F) P | |
| 801 | - | ROVIDES A SIGNED PROPERTY DISCLOSURE FORM FOR THE PARK | |
| 802 | - | TO A POTENTIAL BUYER | |
| 803 | - | ; | |
| 810 | + | ROVIDES A SIGNED PROPERTY DISCLOSURE FORM FOR THE11 | |
| 811 | + | PARK TO A POTENTIAL BUYER;12 | |
| 804 | 812 | (G) L | |
| 805 | - | ISTS THE PARK FOR SALE; | |
| 813 | + | ISTS THE PARK FOR SALE;13 | |
| 806 | 814 | (H) M | |
| 807 | - | AKES A CONDITIONAL ACCEPTANCE OF AN OFFER FOR THE SALE | |
| 808 | - | OR TRANSFER OF THE PARK | |
| 809 | - | ; | |
| 815 | + | AKES A CONDITIONAL ACCEPTANCE OF AN OFFER FOR THE14 | |
| 816 | + | SALE OR TRANSFER OF THE PARK;15 | |
| 810 | 817 | (I) T | |
| 811 | - | AKES ANY OTHER ACTION DEMONSTRATING AN INTENT TO SELL | |
| 812 | - | THE PARK | |
| 813 | - | ; OR | |
| 814 | - | (J) RECEIVES A NOTICE OF ELECTION AND DEMAND OR LIS PENDENS | |
| 815 | - | RELATED TO FORECLOSURE OF THE PARK PURSUANT TO PART | |
| 816 | - | 1 OF ARTICLE | |
| 817 | - | 38 OF THIS TITLE 38 OR A NOTICE THAT A CERTIFICATE OF LEVY HAS BEEN | |
| 818 | - | FILED RELATED TO THE PARK PURSUANT TO SECTION | |
| 819 | - | 13-56-101; | |
| 818 | + | AKES ANY OTHER ACTION DEMONSTRATING AN INTENT TO16 | |
| 819 | + | SELL THE PARK; OR17 | |
| 820 | + | (J) R | |
| 821 | + | ECEIVES A NOTICE OF ELECTION AND DEMAND OR LIS PENDENS18 | |
| 822 | + | RELATED TO FORECLOSURE OF THE PARK PURSUANT TO PART 1 OF ARTICLE19 | |
| 823 | + | 38 | |
| 824 | + | OF THIS TITLE 38 OR A NOTICE THAT A CERTIFICATE OF LEVY HAS BEEN20 | |
| 825 | + | FILED RELATED TO THE PARK PURSUANT TO SECTION 13-56-101;21 | |
| 820 | 826 | (b) If a mobile home park owner intends | |
| 821 | - | A LANDLORD SHALL | |
| 822 | - | PROVIDE NOTICE OF THE LANDLORD | |
| 823 | - | 'S INTENT to change the use of the land | |
| 824 | - | comprising the mobile home park the mobile home park owner shall givewritten notice to each home owner IN ACCORDANCE WITH THE | |
| 825 | - | REQUIREMENTS OF SUBSECTION | |
| 826 | - | (2) OF THIS SECTION at least twelve months | |
| 827 | - | 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 | |
| 828 | - | address and shall post a copy of the notice in a conspicuous place on the | |
| 829 | - | mobile home or at the main point of entry to the lot. | |
| 830 | - | (c) No earlier than thirty NINETY days after giving the notice | |
| 831 | - | required by this subsection (1), or subsection (2) SUBSECTION (1)(a) of this | |
| 832 | - | PAGE 18-HOUSE BILL 22-1287 section, a mobile home park owner LANDLORD may post information in a | |
| 833 | - | public space in the mobile home park describing the method for providing | |
| 834 | - | a signed writing to the mobile home park owner related to the opportunity | |
| 835 | - | to purchase. The posting may | |
| 836 | - | MUST include standard forms CREATED BY | |
| 837 | - | THE DEPARTMENT OF LOCAL AFFAIRS | |
| 838 | - | related to the opportunity to purchase | |
| 839 | - | AND THE RIGHTS OF MOBILE HOME PARK OWNERS RELATED TO THE | |
| 827 | + | A LANDLORD SHALL22 | |
| 828 | + | PROVIDE NOTICE OF THE LANDLORD'S INTENT to change the use of the land23 | |
| 829 | + | comprising the mobile home park the mobile home park owner shall give24 | |
| 830 | + | written notice to each home owner IN ACCORDANCE WITH THE25 | |
| 831 | + | REQUIREMENTS OF SUBSECTION (2) OF THIS SECTION at least twelve26 | |
| 832 | + | months before the change in use will occur. The mobile home park owner27 | |
| 833 | + | 1287 | |
| 834 | + | -24- shall mail the written notice to each home owner at the home owner's1 | |
| 835 | + | most recent address and shall post a copy of the notice in a conspicuous2 | |
| 836 | + | place on the mobile home or at the main point of entry to the lot.3 | |
| 837 | + | (c) No earlier than thirty NINETY days after giving the notice4 | |
| 838 | + | required by this subsection (1), or subsection (2) SUBSECTION (1)(a) of5 | |
| 839 | + | this section, a mobile home park owner LANDLORD may post information6 | |
| 840 | + | in a public space in the mobile home park describing the method for7 | |
| 841 | + | providing a signed writing to the mobile home park owner related to the8 | |
| 842 | + | opportunity to purchase. The posting may MUST include standard forms9 | |
| 843 | + | CREATED BY THE DEPARTMENT OF LOCAL AFFAIRS related to the10 | |
| 840 | 844 | opportunity to purchase | |
| 841 | - | , including a STANDARDIZED form DEVELOPED | |
| 842 | - | BY THE DEPARTMENT OF LOCAL AFFAIRS | |
| 843 | - | for providing notice that a | |
| 844 | - | THE | |
| 845 | - | LANDLORD TO USE TO REQUEST THE SIGNATURES OF | |
| 846 | - | home owner does notwish OWNERS WHO DECLINE to participate in efforts to purchase a | |
| 847 | - | community. If, no earlier than thirty NINETY days after a mobile home park | |
| 848 | - | owner LANDLORD provides the notice required by this subsection (1), or | |
| 849 | - | subsection (2) SUBSECTION (1)(a) of this section, at least fifty percent of the | |
| 850 | - | home owners who reside in the park provide signed writings to the mobile | |
| 851 | - | home park owner expressing no interest LANDLORD DECLINING TO | |
| 852 | - | PARTICIPATE | |
| 853 | - | in purchasing the park, then the opportunity to purchase | |
| 854 | - | provided by subsection (4) of this section shall terminate | |
| 855 | - | TERMINATES even | |
| 856 | - | if the ninety-day ONE-HUNDRED-TWENTY-DAY period provided for in | |
| 857 | - | subsection (4)(a) of this section has not yet elapsed. | |
| 858 | - | (d) A mobile home park owner LANDLORD shall not solicit or | |
| 859 | - | request a home owner's intention or a signed writing related to the | |
| 860 | - | opportunity to purchase during the initial thirty | |
| 861 | - | NINETY days after giving | |
| 862 | - | notice pursuant to this subsection (1). or subsection (2) SUBSECTION (1)(a) | |
| 863 | - | of this section. At no time During the time period for considering an | |
| 845 | + | AND THE RIGHTS OF MOBILE HOME PARK OWNERS11 | |
| 846 | + | RELATED TO THE OPPORTUNITY TO PURCHASE , including a STANDARDIZED12 | |
| 847 | + | form | |
| 848 | + | DEVELOPED BY THE DEPARTMENT OF LOCAL AFFAIRS for providing | |
| 849 | + | 13 | |
| 850 | + | notice that a THE LANDLORD TO USE TO REQUEST THE SI GNATURES OF14 | |
| 851 | + | home owner does not wish OWNERS WHO DECLINE to participate in efforts15 | |
| 852 | + | to purchase a community. If, no earlier than thirty NINETY days after a16 | |
| 853 | + | mobile home park owner LANDLORD provides the notice required by this17 | |
| 854 | + | subsection (1), or subsection (2) SUBSECTION (1)(a) of this section, at least18 | |
| 855 | + | fifty percent of the home owners who reside in the park provide signed19 | |
| 856 | + | writings to the mobile home park owner expressing no interest LANDLORD20 | |
| 857 | + | DECLINING TO PARTICIPATE in purchasing the park, then the opportunity21 | |
| 858 | + | to purchase provided by subsection (4) of this section shall terminate22 | |
| 859 | + | TERMINATES even if the ninety-day ONE-HUNDRED-TWENTY-DAY period23 | |
| 860 | + | provided for in subsection (4)(a) of this section has not yet elapsed.24 | |
| 861 | + | (d) A mobile home park owner LANDLORD shall not solicit or25 | |
| 862 | + | request a home owner's intention or a signed writing related to the26 | |
| 863 | + | opportunity to purchase during the initial thirty NINETY days after giving27 | |
| 864 | + | 1287 | |
| 865 | + | -25- notice pursuant to this subsection (1). or subsection (2) SUBSECTION (1)(a)1 | |
| 866 | + | of this section. At no time During the time period for considering an2 | |
| 864 | 867 | opportunity to purchase, | |
| 865 | 868 | A LANDLORD shall a mobile home park owner | |
| 866 | - | NOT | |
| 867 | - | attempt to coerce, THREATEN, OR INTIMIDATE A HOME OWNER or provide any | |
| 868 | - | financial or in-kind incentives to a home owner to influence the | |
| 869 | - | homeowner's | |
| 870 | - | HOME OWNER'S VOTE OR decision AND SHALL NOT TAKE | |
| 871 | - | RETALIATORY ACTION AGAINST A HOME OWNER AFTER THE HOME OWNER | |
| 872 | - | 'S | |
| 873 | - | VOTE OR DECISION | |
| 874 | - | . Any complaints alleging violation of this subsection (1) | |
| 875 | - | may be resolved under part 11 of this article 12 | |
| 876 | - | AND SUBSECTION (15) OF | |
| 877 | - | THIS SECTION | |
| 878 | - | . | |
| 869 | + | 3 | |
| 870 | + | NOT attempt to coerce, THREATEN, OR INTIMIDATE A HOME OWNER or4 | |
| 871 | + | provide any financial or in-kind incentives to a home owner to influence5 | |
| 872 | + | the homeowner's HOME OWNER'S VOTE OR decision AND SHALL NOT TAKE6 | |
| 873 | + | RETALIATORY ACTION AGAINST A HOME OWNER AFTER THE HOME OWNER 'S7 | |
| 874 | + | VOTE OR DECISION. Any complaints alleging violation of this subsection8 | |
| 875 | + | (1) may be resolved under part 11 of this article 12 | |
| 876 | + | AND SUBSECTION (15)9 | |
| 877 | + | OF THIS SECTION.10 | |
| 879 | 878 | (2) Notice - requirements. In addition to the notice specified in | |
| 880 | - | subsection (1) of this section, and except as specified in subsection (12) of | |
| 881 | - | this section: | |
| 882 | - | (a) A landlord shall give notice to each home owner in the mobile | |
| 883 | - | home park upon any of the following triggering events: | |
| 884 | - | PAGE 19-HOUSE BILL 22-1287 (I) The landlord lists the park for sale; | |
| 885 | - | (II) The landlord intends to make a final, unconditional acceptance | |
| 886 | - | of an offer for the sale or transfer of the park; or | |
| 887 | - | (III) The landlord receives: | |
| 888 | - | (A) A notice of election and demand or lis pendens related to | |
| 889 | - | foreclosure of the park pursuant to part 1 of article 38 of this title 38; or | |
| 890 | - | (B) Notice that a certificate of levy has been filed related to the park | |
| 891 | - | pursuant to section 13-56-101. | |
| 892 | - | (b) Within fourteen days after the date on which any of the events | |
| 893 | - | described in subsection (2)(a) of this section occur, | |
| 894 | - | (a) TO PROVIDE NOTICE AS REQUIRED BY SUBSECTION (1)(a) OR | |
| 895 | - | (1)(b) OF THIS SECTION, the landlord shall mail the notice required by this | |
| 896 | - | section IN BOTH ENGLISH AND SPANISH by certified mail to: | |
| 897 | - | (I) Each home owner, using the most recent address of the home | |
| 898 | - | owner, and shall post a copy of the notice in a conspicuous place on the | |
| 899 | - | mobile home or at the main point of entry to the lot; | |
| 900 | - | (II) The municipality or, if the park is in an unincorporated area, the | |
| 901 | - | county within which the park is located; | |
| 902 | - | (III) The division of housing in the department of local affairs; and | |
| 903 | - | (IV) Each home owners' association, residents' association, or | |
| 904 | - | similar body that represents the residents of the park. | |
| 879 | + | 11 | |
| 880 | + | subsection (1) of this section, and except as specified in subsection (12)12 | |
| 881 | + | of this section:13 | |
| 882 | + | (a) A landlord shall give notice to each home owner in the mobile14 | |
| 883 | + | home park upon any of the following triggering events:15 | |
| 884 | + | (I) The landlord lists the park for sale;16 | |
| 885 | + | (II) The landlord intends to make a final, unconditional17 | |
| 886 | + | acceptance of an offer for the sale or transfer of the park; or18 | |
| 887 | + | (III) The landlord receives:19 | |
| 888 | + | (A) A notice of election and demand or lis pendens related to20 | |
| 889 | + | foreclosure of the park pursuant to part 1 of article 38 of this title 38; or21 | |
| 890 | + | (B) Notice that a certificate of levy has been filed related to the22 | |
| 891 | + | park pursuant to section 13-56-101.23 | |
| 892 | + | (b) Within fourteen days after the date on which any of the events24 | |
| 893 | + | described in subsection (2)(a) of this section occur,25 | |
| 894 | + | (a) T | |
| 895 | + | O PROVIDE NOTICE AS REQUIRED BY SUBSECTION (1)(a) OR26 | |
| 896 | + | (1)(b) | |
| 897 | + | OF THIS SECTION, the landlord shall mail the notice required by this | |
| 898 | + | 27 | |
| 899 | + | 1287 | |
| 900 | + | -26- section IN BOTH ENGLISH AND SPANISH by certified mail to:1 | |
| 901 | + | (I) Each home owner, using the most recent address of the home2 | |
| 902 | + | owner, and shall post a copy of the notice in a conspicuous place on the3 | |
| 903 | + | mobile home or at the main point of entry to the lot;4 | |
| 904 | + | (II) The municipality or, if the park is in an unincorporated area,5 | |
| 905 | + | the county within which the park is located;6 | |
| 906 | + | (III) The division of housing in the department of local affairs;7 | |
| 907 | + | and8 | |
| 908 | + | (IV) Each home owners' association, residents' association, or9 | |
| 909 | + | similar body that represents the residents of the park.10 | |
| 905 | 910 | (b) I | |
| 906 | - | N ADDITION TO MAILING THE NOTICE, THE LANDLORD SHALL: | |
| 911 | + | N ADDITION TO MAILING THE NOTICE, THE LANDLORD SHALL:11 | |
| 907 | 912 | (I) P | |
| 908 | - | ROVIDE THE NOTICE IN BOTH ENGLISH AND SPANISH BY E-MAIL | |
| 909 | - | TO EACH RESIDENT WHO HAS AN E | |
| 910 | - | -MAIL ADDRESS ON FILE WITH THE | |
| 911 | - | LANDLORD | |
| 912 | - | ; AND | |
| 913 | - | (II) (A) POST THE NOTICE IN BOTH ENGLISH AND SPANISH IN A | |
| 914 | - | CLEARLY VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME PARK | |
| 915 | - | , | |
| 916 | - | PAGE 20-HOUSE BILL 22-1287 INCLUDING ANY COMMUNITY HALL OR RECREATION HALL . THE NOTICE MUST | |
| 917 | - | REMAIN PUBLICLY POSTED FOR A PERIOD OF AT LEAST ONE HUNDRED | |
| 918 | - | TWENTY DAYS FROM THE DATE IT IS POSTED OR UNTIL THE OPPORTUNITY TO | |
| 919 | - | PURCHASE HAS EXPIRED | |
| 920 | - | . | |
| 913 | + | ROVIDE THE NOTICE IN BOTH ENGLISH AND SPANISH BY12 | |
| 914 | + | E-MAIL TO EACH RESIDENT | |
| 915 | + | WHO HAS AN E-MAIL ADDRESS ON FILE WITH13 | |
| 916 | + | THE LANDLORD; AND14 | |
| 917 | + | (II) (A) POST THE NOTICE IN BOTH ENGLISH AND SPANISH IN A15 | |
| 918 | + | CLEARLY VISIBLE LOCATION IN COMMON AREAS OF THE MOBILE HOME16 | |
| 919 | + | PARK, INCLUDING ANY COMMUNITY HALL OR RECREATION HALL . THE17 | |
| 920 | + | NOTICE MUST REMAIN PUBLICLY POSTED FOR A PERIOD OF AT LEAST ONE18 | |
| 921 | + | HUNDRED TWENTY DAYS FROM THE DATE IT IS POSTED OR UNTIL THE19 | |
| 922 | + | OPPORTUNITY TO PURCHASE HAS EXPIRED .20 | |
| 921 | 923 | (B) T | |
| 922 | - | HE LANDLORD SHALL MAKE A GOOD FAITH EFFORT TO COMPLY | |
| 923 | - | WITH THE NOTICE REQUIREMENT IN SUBSECTION | |
| 924 | - | (2)(b)(II)(A) OF THIS | |
| 925 | - | SECTION | |
| 926 | - | . A GOOD FAITH EFFORT BY THE LANDLORD TO COMPLY WITH THE | |
| 927 | - | NOTICE REQUIREMENT IN SUBSECTION | |
| 928 | - | (2)(b)(II)(A) OF THIS SECTION WILL | |
| 929 | - | NOT RENDER A SALE OF A PARK TO BE OUT OF COMPLIANCE WITH THIS | |
| 930 | - | SECTION | |
| 931 | - | . | |
| 932 | - | (3) Contents of notice. The notice given pursuant to subsection (1) | |
| 933 | - | or (2) SUBSECTION (1)(a) of this section must include notice of home | |
| 924 | + | HE LANDLORD SHALL MAKE A GOOD FAITH EFFORT TO | |
| 925 | + | 21 | |
| 926 | + | COMPLY WITH THE NOTICE REQUIREMENT IN SUBSECTION (2)(b)(II)(A) OF22 | |
| 927 | + | THIS SECTION. A GOOD FAITH EFFORT BY THE LANDLORD TO COMPLY WITH23 | |
| 928 | + | THE NOTICE REQUIREMENT IN SUBSECTION (2)(b)(II)(A) OF THIS SECTION24 | |
| 929 | + | WILL NOT RENDER A SALE OF A PARK TO BE OUT OF COMPLIANCE WITH THIS25 | |
| 930 | + | SECTION.26 | |
| 931 | + | (3) Contents of notice. The notice given pursuant to subsection27 | |
| 932 | + | 1287 | |
| 933 | + | -27- (1) or (2) SUBSECTION (1)(a) of this section must include notice of home1 | |
| 934 | 934 | owners' rights | |
| 935 | 935 | AND REMEDIES under subsections (4) to (9) of | |
| 936 | - | this section. If | |
| 937 | - | the triggering event involves a | |
| 938 | - | POTENTIAL sale, the notice must also include | |
| 939 | - | a description of the property to be purchased, and | |
| 940 | - | the price, terms, and | |
| 941 | - | conditions of an acceptable offer the landlord has received to sell the mobile | |
| 942 | - | home park or the price or terms and conditions for which the landlord | |
| 943 | - | intends to sell the park, | |
| 944 | - | AND ANY OTHER TERMS OR CONDITIONS WHICH , IF | |
| 945 | - | NOT MET | |
| 946 | - | , WOULD BE SUFFICIENT GROUNDS, IN THE LANDLORD'S DISCRETION, | |
| 947 | - | TO REJECT AN OFFER FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES . | |
| 948 | - | T | |
| 949 | - | HE PRICE, TERMS, AND CONDITIONS STATED IN THE NOTICE MUST BE | |
| 950 | - | UNIVERSAL AND APPLICABLE TO ALL POTENTIAL BUYERS | |
| 951 | - | , AND MUST NOT BE | |
| 952 | - | SPECIFIC TO AND PROHIBITIVE OF A GROUP OR ASSOCIATION OF HOME | |
| 953 | - | OWNERS OR THEIR ASSIGNEES MAKING A SUCCESSFUL OFFER TO PURCHASE | |
| 954 | - | THE PARK | |
| 955 | - | . The information regarding the proposed sale and the price, terms, | |
| 956 | - | and conditions of an acceptable offer may be shared for the purposes of | |
| 957 | - | evaluating or obtaining financing for the prospective transaction, but all | |
| 958 | - | persons who receive the information shall otherwise keep it confidential if | |
| 959 | - | the park owner | |
| 960 | - | LANDLORD or the park owner's LANDLORD'S agent so | |
| 961 | - | requests. | |
| 962 | - | (4) Offer to purchase - who may submit - time limits. (a) A group | |
| 963 | - | or association of home owners or their assignees have ninety ONE HUNDRED | |
| 964 | - | TWENTY | |
| 965 | - | days after the date that the landlord mails a notice under subsection(1) or (2) REQUIRED BY SUBSECTION (1)(a) of this section to: | |
| 966 | - | (I) Submit to the landlord a proposed purchase and sale agreement | |
| 967 | - | and | |
| 968 | - | PAGE 21-HOUSE BILL 22-1287 (II) obtain a binding commitment AN OFFER for any necessary | |
| 969 | - | financing or guarantees; | |
| 970 | - | OR | |
| 971 | - | (II) SUBMIT TO THE LANDLORD AN ASSIGNMENT AGREEMENT | |
| 972 | - | PURSUANT TO SUBSECTION | |
| 973 | - | (8) OF THIS SECTION. | |
| 974 | - | (b) Notwithstanding subsection (4)(a) of this section, if a foreclosure | |
| 975 | - | sale of the park is scheduled for less than ninety | |
| 976 | - | ONE HUNDRED TWENTY | |
| 977 | - | days after the landlord mails a notice under subsection (1) or (2) REQUIRED | |
| 978 | - | BY SUBSECTION | |
| 979 | - | (1)(a) of this section, the opportunity granted by subsection | |
| 980 | - | (4)(a) of this section terminates on the date of the foreclosure sale. | |
| 981 | - | (5) Landlord's duty to consider offer. A landlord that receives anoffer pursuant to HAS GIVEN NOTICE AS REQUIRED BY SUBSECTION (1)(a) OF | |
| 982 | - | this section shall: not unreasonably refuse to: | |
| 983 | - | (a) Provide documents, data, and other information in response to | |
| 984 | - | reasonable requests for information from a group or association of home | |
| 985 | - | owners or their assignees participating in the opportunity to purchase that | |
| 986 | - | would enable them to prepare an offer. The documents, data, and other | |
| 987 | - | information provided may be shared for the purposes of evaluating or | |
| 988 | - | obtaining financing for the prospective transaction, but all persons who | |
| 989 | - | receive the information shall otherwise keep it confidential if the park | |
| 990 | - | owner LANDLORD or the park owner's LANDLORD'S agent so requests. | |
| 991 | - | (b) (I) Negotiate in good faith with a group or association of home | |
| 992 | - | owners or their assignees. or | |
| 993 | - | (II) FOR PURPOSES OF THIS SUBSECTION (5)(b), NEGOTIATING IN | |
| 994 | - | GOOD FAITH INCLUDES | |
| 995 | - | , BUT IS NOT LIMITED TO, EVALUATING AN OFFER TO | |
| 996 | - | PURCHASE FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES WITHOUT | |
| 997 | - | CONSIDERATION OF THE TIME PERIOD FOR CLOSING | |
| 998 | - | , THE TYPE OF FINANCING | |
| 999 | - | OR PAYMENT METHOD | |
| 1000 | - | , WHETHER OR NOT THE OFFER IS CONTINGENT ON | |
| 1001 | - | FINANCING OR PAYMENT METHOD | |
| 1002 | - | , OR WHETHER OR NOT THE OFFER IS | |
| 1003 | - | CONTINGENT ON FINANCING | |
| 1004 | - | , AN APPRAISAL, OR TITLE WORK, AND PROVIDING | |
| 1005 | - | A WRITTEN RESPONSE WITHIN SEVEN CALENDAR DAYS OF RECEIVING AN | |
| 1006 | - | OFFER FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES | |
| 1007 | - | . THE WRITTEN | |
| 1008 | - | RESPONSE MUST ACCEPT OR REJECT THE OFFER | |
| 1009 | - | , AND IF THE OFFER IS | |
| 1010 | - | REJECTED | |
| 1011 | - | , MUST STATE: | |
| 1012 | - | PAGE 22-HOUSE BILL 22-1287 (A) THE CURRENT PRICE, TERMS, OR CONDITIONS OF AN ACCEPTABLE | |
| 1013 | - | OFFER THAT THE LANDLORD HAS RECEIVED TO SELL THE MOBILE HOME PARK | |
| 1014 | - | , | |
| 1015 | - | IF THE PRICE, TERMS, OR CONDITIONS HAVE CHANGED SINCE THE LANDLORD | |
| 1016 | - | GAVE NOTICE TO THE HOME OWNERS PURSUANT TO SUBSECTION | |
| 1017 | - | (3) OF THIS | |
| 1018 | - | SECTION | |
| 1019 | - | ; AND | |
| 1020 | - | (B) A WRITTEN EXPLANATION OF WHY THE LANDLORD IS REJECTING | |
| 1021 | - | THE OFFER FROM A GROUP OF HOME OWNERS AND WHAT TERMS AND | |
| 1022 | - | CONDITIONS MUST BE INCLUDED IN A SUBSEQUENT OFFER FOR THE | |
| 1023 | - | LANDLORD TO POTENTIALLY ACCEPT IT | |
| 1024 | - | . | |
| 936 | + | this section.2 | |
| 937 | + | If the triggering event involves a | |
| 938 | + | POTENTIAL sale, the notice must also3 | |
| 939 | + | include a description of the property to be purchased, and | |
| 940 | + | the price, terms,4 | |
| 941 | + | and conditions of an acceptable offer the landlord has received to sell the5 | |
| 942 | + | mobile home park or the price or terms and conditions for which the6 | |
| 943 | + | landlord intends to sell the park, | |
| 944 | + | AND ANY OTHER TERMS OR CONDITIONS7 | |
| 945 | + | WHICH, IF NOT MET, WOULD BE SUFFICIENT GROUNDS, IN THE LANDLORD'S8 | |
| 946 | + | DISCRETION, TO REJECT AN OFFER FROM A GROUP OF HOME OWNERS OR9 | |
| 947 | + | THEIR ASSIGNEES. THE PRICE, TERMS, AND CONDITIONS STATED IN THE10 | |
| 948 | + | NOTICE MUST BE UNIVERSAL AND APPLICABLE TO ALL POTENTIAL BUYERS ,11 | |
| 949 | + | AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE OF A GROUP OR12 | |
| 950 | + | ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES MAKING A13 | |
| 951 | + | SUCCESSFUL OFFER TO PURCHASE THE PARK . The information regarding14 | |
| 952 | + | the proposed sale and the price, terms, and conditions of an acceptable15 | |
| 953 | + | offer may be shared for the purposes of evaluating or obtaining financing16 | |
| 954 | + | for the prospective transaction, but all persons who receive the17 | |
| 955 | + | information shall otherwise keep it confidential if the park owner | |
| 956 | + | 18 | |
| 957 | + | LANDLORD or the park owner's LANDLORD'S agent so requests.19 | |
| 958 | + | (4) Offer to purchase - who may submit - time limits. (a) A20 | |
| 959 | + | group or association of home owners or their assignees have ninety ONE21 | |
| 960 | + | HUNDRED TWENTY days after the date that the landlord mails a notice22 | |
| 961 | + | under subsection (1) or (2) REQUIRED BY SUBSECTION (1)(a) of this23 | |
| 962 | + | section to:24 | |
| 963 | + | (I) Submit to the landlord a proposed purchase and sale agreement25 | |
| 964 | + | and26 | |
| 965 | + | (II) obtain a binding commitment AN OFFER for any necessary27 | |
| 966 | + | 1287 | |
| 967 | + | -28- financing or guarantees; OR1 | |
| 968 | + | (II) S | |
| 969 | + | UBMIT TO THE LANDLORD AN ASSIGNMENT AGREEMENT2 | |
| 970 | + | PURSUANT TO SUBSECTION (8) OF THIS SECTION.3 | |
| 971 | + | (b) Notwithstanding subsection (4)(a) of this section, if a4 | |
| 972 | + | foreclosure sale of the park is scheduled for less than ninety | |
| 973 | + | ONE5 | |
| 974 | + | HUNDRED TWENTY days after the landlord mails a notice under subsection6 | |
| 975 | + | (1) or (2) REQUIRED BY SUBSECTION (1)(a) of this section, the opportunity7 | |
| 976 | + | granted by subsection (4)(a) of this section terminates on the date of the8 | |
| 977 | + | foreclosure sale.9 | |
| 978 | + | (5) Landlord's duty to consider offer. A landlord that receives10 | |
| 979 | + | an offer pursuant to HAS GIVEN NOTICE AS REQUIRED BY SUBSECTION11 | |
| 980 | + | (1)(a) | |
| 981 | + | OF this section shall: not unreasonably refuse to: | |
| 982 | + | 12 | |
| 983 | + | (a) Provide documents, data, and other information in response to13 | |
| 984 | + | reasonable requests for information from a group or association of home14 | |
| 985 | + | owners or their assignees participating in the opportunity to purchase that15 | |
| 986 | + | would enable them to prepare an offer. The documents, data, and other16 | |
| 987 | + | information provided may be shared for the purposes of evaluating or17 | |
| 988 | + | obtaining financing for the prospective transaction, but all persons who18 | |
| 989 | + | receive the information shall otherwise keep it confidential if the park19 | |
| 990 | + | owner LANDLORD or the park owner's LANDLORD'S agent so requests.20 | |
| 991 | + | (b) (I) Negotiate in good faith with a group or association of home21 | |
| 992 | + | owners or their assignees. or22 | |
| 993 | + | (II) F | |
| 994 | + | OR PURPOSES OF THIS SUBSECTION (5)(b), NEGOTIATING IN23 | |
| 995 | + | GOOD FAITH INCLUDES, BUT IS NOT LIMITED TO, | |
| 996 | + | EVALUATING AN OFFER TO24 | |
| 997 | + | PURCHASE FROM A GROUP OF HOME OWNERS OR THEIR ASSIGNEES25 | |
| 998 | + | WITHOUT CONSIDERATION OF THE TIME PERIOD FOR CLOSING, THE TYPE OF26 | |
| 999 | + | FINANCING OR PAYMENT METHOD, WHETHER OR NOT THE OFFER IS27 | |
| 1000 | + | 1287 | |
| 1001 | + | -29- CONTINGENT ON FINANCING OR PAYMENT METHOD, OR WHETHER OR NOT1 | |
| 1002 | + | THE OFFER IS CONTINGENT ON FINANCING, AN APPRAISAL, OR TITLE WORK,2 | |
| 1003 | + | AND PROVIDING A WRITTEN RESPONSE WITHIN SEVEN CALENDAR DAYS OF3 | |
| 1004 | + | RECEIVING AN OFFER FROM A GROUP OF HOME OWNERS OR THEIR4 | |
| 1005 | + | ASSIGNEES. THE WRITTEN RESPONSE MUST ACCEPT OR REJECT THE OFFER ,5 | |
| 1006 | + | AND IF THE OFFER IS REJECTED, MUST STATE:6 | |
| 1007 | + | (A) T | |
| 1008 | + | HE CURRENT PRICE, TERMS, OR CONDITIONS OF AN7 | |
| 1009 | + | ACCEPTABLE OFFER THAT THE LANDLORD HAS RECEIVED TO SELL THE8 | |
| 1010 | + | MOBILE HOME PARK, IF THE PRICE, TERMS, OR CONDITIONS HAVE CHANGED9 | |
| 1011 | + | SINCE THE LANDLORD GAVE NOTICE TO THE HOME OWNERS PURSUANT TO10 | |
| 1012 | + | SUBSECTION (3) OF THIS SECTION; AND11 | |
| 1013 | + | (B) A | |
| 1014 | + | WRITTEN EXPLANATION OF WHY THE LANDLORD IS12 | |
| 1015 | + | REJECTING THE OFFER FROM A GROUP OF HOME OWNERS AND WHAT TERMS13 | |
| 1016 | + | AND CONDITIONS MUST BE INCLUDED IN A SUBSEQUENT OFFER FOR THE14 | |
| 1017 | + | LANDLORD TO POTENTIALLY ACCEPT IT .15 | |
| 1025 | 1018 | (III) T | |
| 1026 | - | HE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE OFFER | |
| 1027 | - | STATED IN THE RESPONSE MUST BE UNIVERSAL AND APPLICABLE TO ALL | |
| 1028 | - | POTENTIAL BUYERS | |
| 1029 | - | , AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE OF A | |
| 1030 | - | GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES MAKING A | |
| 1031 | - | SUCCESSFUL OFFER TO PURCHASE THE PARK | |
| 1032 | - | . | |
| 1019 | + | HE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE16 | |
| 1020 | + | OFFER STATED IN THE RESPONSE MUST BE UNIVERSAL AND APPLICABLE TO17 | |
| 1021 | + | ALL POTENTIAL BUYERS, AND MUST NOT BE SPECIFIC TO AND PROHIBITIVE18 | |
| 1022 | + | OF A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR ASSIGNEES19 | |
| 1023 | + | MAKING A SUCCESSFUL OFFER TO PURCHASE THE PARK .20 | |
| 1033 | 1024 | (6) Expiration of opportunity to purchase. (a) If the ninety-day | |
| 1034 | - | ONE-HUNDRED-TWENTY-DAY period provided for in subsection (4)(a) of this | |
| 1035 | - | section elapses and a group or association of home owners or their | |
| 1036 | - | assignees have not submitted a proposed purchase and sale agreement or | |
| 1037 | - | obtained a binding | |
| 1038 | - | financial commitment, the group's or association's | |
| 1039 | - | opportunities provided by this section terminate. | |
| 1040 | - | (b) A landlord shall give a group or association of home owners or | |
| 1041 | - | their assignees an additional ninety ONE HUNDRED TWENTY days after the | |
| 1042 | - | ninety-day ONE-HUNDRED-TWENTY-DAY period provided by subsection | |
| 1043 | - | (4)(a) of this section to close on the purchase of the mobile home park. | |
| 1044 | - | (7) Extension or tolling of time. (a) The ninety-day | |
| 1045 | - | ONE-HUNDRED-TWENTY-DAY periods described in subsections (4)(a) and | |
| 1046 | - | (6)(b) of this section may be extended by written agreement between the | |
| 1047 | - | landlord and the group or association of home owners or their assignees. | |
| 1025 | + | 21 | |
| 1026 | + | ONE-HUNDRED-TWENTY-DAY period provided for in subsection (4)(a) of22 | |
| 1027 | + | this section elapses and a group or association of home owners or their23 | |
| 1028 | + | assignees have not submitted a proposed purchase and sale agreement or24 | |
| 1029 | + | obtained a binding financial commitment, the group's or association's25 | |
| 1030 | + | opportunities provided by this section terminate.26 | |
| 1031 | + | (b) A landlord shall give a group or association of home owners27 | |
| 1032 | + | 1287 | |
| 1033 | + | -30- or their assignees an additional ninety ONE HUNDRED TWENTY days after1 | |
| 1034 | + | the ninety-day ONE-HUNDRED-TWENTY-DAY period provided by2 | |
| 1035 | + | subsection (4)(a) of this section to close on the purchase of the mobile3 | |
| 1036 | + | home park. 4 | |
| 1037 | + | (7) Extension or tolling of time. (a) The ninety-day5 | |
| 1038 | + | ONE-HUNDRED-TWENTY-DAY periods described in subsections (4)(a) and6 | |
| 1039 | + | (6)(b) of this section may be extended by written agreement between the7 | |
| 1040 | + | landlord and the group or association of home owners or their assignees.8 | |
| 1048 | 1041 | (b) (I) T | |
| 1049 | - | HE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR | |
| 1050 | - | ASSIGNEES ARE ENTITLED TO TOLLING OF THE TIME PERIODS DESCRIBED IN | |
| 1051 | - | SUBSECTION | |
| 1052 | - | (4)(a) AND (6)(b) OF THIS SECTION IN ANY OF THE FOLLOWING | |
| 1053 | - | CIRCUMSTANCES | |
| 1054 | - | : | |
| 1042 | + | HE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR9 | |
| 1043 | + | ASSIGNEES ARE ENTITLED TO TOLLING OF THE TIME PERIODS DESCRIBED IN10 | |
| 1044 | + | SUBSECTION (4)(a) AND (6)(b) OF THIS SECTION IN ANY OF THE FOLLOWING11 | |
| 1045 | + | CIRCUMSTANCES:12 | |
| 1055 | 1046 | (A) I | |
| 1056 | - | F THERE IS A REASONABLE DELAY IN OBTAINING FINANCING OR | |
| 1057 | - | PAGE 23-HOUSE BILL 22-1287 A REQUIRED INSPECTION OR SURVEY OF THE LAND THAT IS OUTSIDE THE | |
| 1058 | - | CONTROL OF THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR | |
| 1059 | - | ASSIGNEES | |
| 1060 | - | , THE TIME PERIOD IS TOLLED FOR THE DURATION OF THE DELAY ; | |
| 1047 | + | F THERE IS A REASONABLE DELAY IN OBTAINING FINANCING13 | |
| 1048 | + | OR A REQUIRED INSPECTION OR SURVEY OF THE LAND THAT IS OUTSIDE THE14 | |
| 1049 | + | CONTROL OF THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR15 | |
| 1050 | + | ASSIGNEES, THE TIME PERIOD IS TOLLED FOR THE DURATION OF THE DELAY;16 | |
| 1061 | 1051 | (B) I | |
| 1062 | - | F THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR | |
| 1063 | - | ASSIGNEE FILES A NONFRIVOLOUS COMPLAINT WITH THE DEPARTMENT OF | |
| 1064 | - | LOCAL AFFAIRS ALLEGING A VIOLATION OF THIS SECTION | |
| 1065 | - | , THE TIME PERIOD | |
| 1066 | - | IS TOLLED UNTIL THE DEPARTMENT OF LOCAL AFFAIRS ISSUES A WRITTEN | |
| 1067 | - | NOTICE OF VIOLATION OR NOTICE OF NONVIOLATION THAT HAS BECOME A | |
| 1068 | - | FINAL AGENCY ORDER DETERMINING WHETHER A VIOLATION HAS OCCURRED | |
| 1069 | - | OR THE PARTIES REACH A RESOLUTION BY SIGNING A SETTLEMENT | |
| 1070 | - | AGREEMENT APPROVED BY THE DEPARTMENT OF LOCAL AFFAIRS | |
| 1071 | - | ; AND | |
| 1072 | - | (C) IF THE GROUP OR ASSOCIATION OF HOME OWNERS HAS | |
| 1073 | - | ATTEMPTED TO ASSIGN THEIR RIGHTS PURSUANT TO SUBSECTION | |
| 1074 | - | (8) OF THIS | |
| 1075 | - | SECTION | |
| 1076 | - | , THE TIME PERIOD IS TOLLED FROM THE TIME THE GROUP OR | |
| 1077 | - | ASSOCIATION MAKES THE OFFER OF ASSIGNMENT UNTIL THE POTENTIAL | |
| 1078 | - | ASSIGNEE EITHER CONFIRMS IN WRITING THAT THE OFFER IS REJECTED OR A | |
| 1079 | - | WRITTEN ASSIGNMENT CONTRACT IS EXECUTED | |
| 1080 | - | ; EXCEPT THAT THE TIME | |
| 1081 | - | PERIOD SHALL NOT BE TOLLED FOR MORE THAN NINETY DAYS PURSUANT TO | |
| 1082 | - | THIS SUBSECTION | |
| 1083 | - | (7)(b)(I)(C). | |
| 1084 | - | (8) Assignment of right to purchase. (a) A group or association of | |
| 1085 | - | home owners or their assignees that have the opportunity to purchase under | |
| 1086 | - | subsection (4) of this section may assign their purchase right to a local or | |
| 1087 | - | state government, tribal government, housing authority, or nonprofit with | |
| 1088 | - | expertise related to housing, or to | |
| 1089 | - | THE STATE OR an agency of the state, for | |
| 1090 | - | the purpose of continuing the use of the park. | |
| 1052 | + | F THE GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR17 | |
| 1053 | + | ASSIGNEE FILES A NONFRIVOLOUS COMPLAINT WITH THE DEPARTMENT OF18 | |
| 1054 | + | LOCAL AFFAIRS ALLEGING A VIOLATION OF THIS SECTION, THE TIME PERIOD19 | |
| 1055 | + | IS TOLLED UNTIL THE DEPARTMENT OF LOCAL AFFAIRS ISSUES A WRITTEN20 | |
| 1056 | + | NOTICE OF VIOLATION OR NOTICE OF NONVIOLATION THAT HAS BECOME A21 | |
| 1057 | + | FINAL AGENCY ORDER DETERMINING WHETHER A VIOLATION HAS22 | |
| 1058 | + | OCCURRED OR THE PARTIES REACH A RESOLUTION BY SIGNING A23 | |
| 1059 | + | SETTLEMENT AGREEMENT APPROVED BY THE DEPARTMENT OF LOCAL24 | |
| 1060 | + | AFFAIRS; AND25 | |
| 1061 | + | (C) I | |
| 1062 | + | F THE GROUP OR ASSOCIATION OF HOME OWNERS HAS26 | |
| 1063 | + | ATTEMPTED TO ASSIGN THEIR RI GHTS PURSUANT TO SUBSECTION (8) OF27 | |
| 1064 | + | 1287 | |
| 1065 | + | -31- THIS SECTION, THE TIME PERIOD IS TOLLED FROM THE TIME THE GROUP OR1 | |
| 1066 | + | ASSOCIATION MAKES THE OFFER OF ASSIGNMENT UNTIL THE POTENTIAL2 | |
| 1067 | + | ASSIGNEE EITHER CONFIRMS IN WRITING THAT THE OFFER IS REJECTED OR3 | |
| 1068 | + | A WRITTEN ASSIGNMENT CONTRACT IS EXECUTED ; EXCEPT THAT THE TIME4 | |
| 1069 | + | PERIOD SHALL NOT BE TOLLED FOR MORE THAN NINETY DAYS PURSUANT5 | |
| 1070 | + | TO THIS SUBSECTION (7)(b)(I)(C).6 | |
| 1071 | + | (8) Assignment of right to purchase. (a) A group or association7 | |
| 1072 | + | of home owners or their assignees that have the opportunity to purchase8 | |
| 1073 | + | under subsection (4) of this section may assign their purchase right to a9 | |
| 1074 | + | local or state government, tribal government, housing authority, or10 | |
| 1075 | + | nonprofit with expertise related to housing, or to | |
| 1076 | + | THE STATE OR an agency11 | |
| 1077 | + | of the state, for the purpose of continuing the use of the park.12 | |
| 1091 | 1078 | (b) (I) I | |
| 1092 | - | F A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR | |
| 1093 | - | ASSIGNEES COMPRISING MORE THAN FIFTY PERCENT OF HOME OWNERS IN A | |
| 1094 | - | PARK CHOOSE TO ASSIGN THEIR RIGHTS TO A PUBLIC ENTITY UNDER THIS | |
| 1095 | - | SUBSECTION | |
| 1096 | - | (8), THE HOME OWNERS OR THEIR ASSIGNEES SHALL ENTER INTO | |
| 1097 | - | A WRITTEN ASSIGNMENT CONTRACT WITH THE PUBLIC ENTITY | |
| 1098 | - | . THE | |
| 1099 | - | ASSIGNMENT CONTRACT MUST INCLUDE THE TERMS AND CONDITIONS OF THE | |
| 1100 | - | ASSIGNMENT AND FOR HOW THE PARK WILL BE OPERATED IF THE PUBLIC | |
| 1101 | - | ENTITY PURCHASES THE PARK | |
| 1102 | - | . THE ASSIGNMENT CONTRACT MUST PROVIDE | |
| 1103 | - | THAT THE TERMS AND CONDITIONS ARE APPLICABLE TO ANY DESIGNEE | |
| 1104 | - | SELECTED BY THE PUBLIC ENTITY PURSUANT TO SUBSECTION | |
| 1105 | - | (8)(b)(II) OF | |
| 1106 | - | THIS SECTION | |
| 1107 | - | . THE TERMS AND CONDITIONS MAY INCLUDE , BUT ARE NOT | |
| 1108 | - | PAGE 24-HOUSE BILL 22-1287 LIMITED TO: | |
| 1109 | - | (A) A | |
| 1110 | - | NY DEED RESTRICTIONS THAT MAY BE REQUIRED OR PERMITTED | |
| 1111 | - | REGARDING THE LOTS OR THE HOUSES IN THE PARK | |
| 1112 | - | ; | |
| 1079 | + | F A GROUP OR ASSOCIATION OF HOME OWNERS OR THEIR13 | |
| 1080 | + | ASSIGNEES COMPRISING MORE THAN FIFTY PERCENT OF HOME OWNERS IN14 | |
| 1081 | + | A PARK CHOOSE TO ASSIGN THEIR RIGHTS TO A PUBLIC ENTITY UNDER THIS15 | |
| 1082 | + | SUBSECTION (8), THE HOME OWNERS OR THEIR ASSIGNEES SHALL ENTER16 | |
| 1083 | + | INTO A WRITTEN ASSIGNMENT CONTRACT WITH THE PUBLIC ENTITY . THE17 | |
| 1084 | + | ASSIGNMENT CONTRACT MUST INCLUDE THE TERMS AND CONDITIONS OF18 | |
| 1085 | + | THE ASSIGNMENT AND FOR HOW THE PARK WILL BE OPERATED IF THE19 | |
| 1086 | + | PUBLIC ENTITY PURCHASES THE PARK. THE ASSIGNMENT CONTRACT MUST20 | |
| 1087 | + | PROVIDE THAT THE TERMS AND CONDITIONS ARE APPLICABLE TO ANY21 | |
| 1088 | + | DESIGNEE SELECTED BY THE PUBLIC ENTITY PURSUANT TO SUBSECTION22 | |
| 1089 | + | (8)(b)(II) | |
| 1090 | + | OF THIS SECTION. THE TERMS AND CONDITIONS MAY INCLUDE ,23 | |
| 1091 | + | BUT ARE NOT LIMITED TO:24 | |
| 1092 | + | (A) | |
| 1093 | + | ANY DEED RESTRICTIONS THAT MAY BE REQUIRED OR25 | |
| 1094 | + | PERMITTED REGARDING THE LOTS OR THE HOUSES IN THE PARK ;26 | |
| 1095 | + | (B) | |
| 1096 | + | ANY RESTRICTIONS ON RENT OR FEE INCREASES THAT APPLY IF27 | |
| 1097 | + | 1287 | |
| 1098 | + | -32- THE PUBLIC ENTITY PURCHASES THE PARK ;1 | |
| 1099 | + | (C) | |
| 1100 | + | ANY REQUIRED CONDITIONS , SUCH AS THE REQUIRED2 | |
| 1101 | + | DEMONSTRATION OF APPROVAL FROM HOME OWNERS , FOR REDEVELOPING3 | |
| 1102 | + | OR CHANGING THE USE OF SOME OR ALL OF THE PARK ;4 | |
| 1103 | + | (D) | |
| 1104 | + | A MANAGEMENT AGREEMENT FOR HOW THE PARK WILL BE5 | |
| 1105 | + | OPERATED IF THE PUBLIC ENTITY PURCHASES THE PARK ; | |
| 1106 | + | 6 | |
| 1107 | + | (E) | |
| 1108 | + | ANY CHANGES TO PARK RULES OR REGULATIONS THAT APPLY7 | |
| 1109 | + | IF THE PUBLIC ENTITY PURCHASES THE | |
| 1110 | + | PARK; AND8 | |
| 1111 | + | (F) ANY AGREEMENT BETWEEN THE PARTIES REGARDING THE9 | |
| 1112 | + | TRANSFER OF STATUTORY RESPONSIBILITIES ASSOCIATED WITH MANAGING10 | |
| 1113 | + | THE PARK, AND ANY LIMITATIONS OR WAIVERS OF LIABILITY .11 | |
| 1114 | + | (II) A | |
| 1115 | + | PUBLIC ENTITY SHALL ONLY EXERCISE ITS RIGHT OF FIRST12 | |
| 1116 | + | REFUSAL FOR THE PURPOSE OF PRESERVING THE MOBILE HOME PARK AS13 | |
| 1117 | + | LONG-TERM AFFORDABLE HOUSING . THE PUBLIC ENTITY MAY DESIGNATE14 | |
| 1118 | + | A HOUSING AUTHORITY OR OTHER POLITICAL SUBDIVISION TO PURCHASE15 | |
| 1119 | + | THE PARK PURSUANT TO THE PUBLIC ENTITY'S RIGHT OF FIRST REFUSAL FOR16 | |
| 1120 | + | THIS PURPOSE IF THE OPTION FOR A DESIGNATION IS EXPRESSLY AGREED TO17 | |
| 1121 | + | IN THE ASSIGNMENT CONTRACT .18 | |
| 1122 | + | (III) T | |
| 1123 | + | HE PUBLIC ENTITY OR ITS DESIGNEE SHALL PROMPTLY19 | |
| 1124 | + | PROVIDE NOTICE OF THE ASSIGNMENT CONTRACT TO THE LANDLORD .20 | |
| 1125 | + | (c) (I) I | |
| 1126 | + | F A LANDLORD RECEIVES NOTICE THAT A GROUP OR21 | |
| 1127 | + | ASSOCIATION OF HOME OWNERS HAS ENTERED AN ASSIGNMENT CONTRACT22 | |
| 1128 | + | WITH A PUBLIC ENTITY PURSUANT TO SUBSECTION (8)(b) OF THIS SECTION,23 | |
| 1129 | + | THE LANDLORD SHALL PROVIDE A RIGHT OF FIRST REFUSAL TO THE PUBLIC24 | |
| 1130 | + | ENTITY OR ITS DESIGNEE. ANY PURCHASE AND SALE AGREEMENT ENTERED25 | |
| 1131 | + | INTO BY THE LANDLORD MUST BE CONTINGENT UPON THE RIGHT OF FIRST26 | |
| 1132 | + | REFUSAL OF THE PUBLIC ENTITY OR ITS DESIGNEE TO PURCHASE THE27 | |
| 1133 | + | 1287 | |
| 1134 | + | -33- MOBILE HOME PARK.1 | |
| 1135 | + | (II) W | |
| 1136 | + | ITHIN THIRTY DAYS AFTER RECEIVING NOTICE OF AN2 | |
| 1137 | + | ASSIGNMENT CONTRACT , THE LANDLORD SHALL PROVIDE THE PUBLIC3 | |
| 1138 | + | ENTITY OR ITS DESIGNEE WITH THE TERMS UPON WHICH THE LANDLORD4 | |
| 1139 | + | WOULD ACCEPT AN OFFER TO SELL THE PARK OR A CONTINGENT PURCHASE5 | |
| 1140 | + | AND SALE AGREEMENT THAT IS EFFECTIVE UPON ITS EXECUTION . THE6 | |
| 1141 | + | PUBLIC ENTITY HAS ONE HUNDRED TWENTY | |
| 1142 | + | DAYS FROM THE DATE THE7 | |
| 1143 | + | PUBLIC ENTITY OR ITS DESIGNEE RECEIVES THE TERMS OR CONTINGENT8 | |
| 1144 | + | PURCHASE AND SALE AGREEMENT TO NOTIFY THE LANDLORD OF THE9 | |
| 1145 | + | PUBLIC ENTITY'S INTENT TO PURCHASE THE MOBILE HOME PARK OR OF THE10 | |
| 1146 | + | PUBLIC ENTITY'S INTENT TO FACILITATE THE PURCHASE OF THE MOBILE11 | |
| 1147 | + | HOME PARK BY ITS DESIGNEE.12 | |
| 1148 | + | (III) T | |
| 1149 | + | HE LANDLORD SHALL SELL THE MOBILE HOME PARK TO THE13 | |
| 1150 | + | PUBLIC ENTITY OR ITS DESIGNEE IF , WITHIN THE14 | |
| 1151 | + | ONE-HUNDRED-TWENTY-DAY | |
| 1152 | + | PERIOD, THE PUBLIC ENTITY OR ITS15 | |
| 1153 | + | DESIGNEE:16 | |
| 1154 | + | (A) N | |
| 1155 | + | OTIFIES THE LANDLORD OF ITS INTENT TO PURCHASE THE17 | |
| 1156 | + | PARK OR FACILITATE THE PURCHASE OF THE PARK BY ITS DESIGNEE ;18 | |
| 1113 | 1157 | (B) A | |
| 1114 | - | NY RESTRICTIONS ON RENT OR FEE INCREASES THAT APPLY IF | |
| 1115 | - | THE PUBLIC ENTITY PURCHASES THE PARK | |
| 1116 | - | ; | |
| 1117 | - | (C) A | |
| 1118 | - | NY REQUIRED CONDITIONS , SUCH AS THE REQUIRED | |
| 1119 | - | DEMONSTRATION OF APPROVAL FROM HOME OWNERS | |
| 1120 | - | , FOR REDEVELOPING OR | |
| 1121 | - | CHANGING THE USE OF SOME OR ALL OF THE PARK | |
| 1122 | - | ; | |
| 1158 | + | CCEPTS THE CONTINGENT PURCHASE AND SALE AGREEMENT19 | |
| 1159 | + | PROVIDED BY THE LANDLORD OR OFFERS THE LANDLORD TERMS THAT ARE20 | |
| 1160 | + | ECONOMICALLY SUBSTANTIALLY IDENTICAL TO THE TERMS OF THE21 | |
| 1161 | + | CONTINGENT PURCHASE AND SALE AGREEMENT OR TO THE TERMS THE22 | |
| 1162 | + | LANDLORD PROVIDED PURSUANT TO SUBSECTION (8)(c)(II) OF THIS23 | |
| 1163 | + | SECTION; AND24 | |
| 1164 | + | (C) C | |
| 1165 | + | OMMITS TO CLOSE WITHIN ONE HUNDRED TWENTY | |
| 1166 | + | DAYS25 | |
| 1167 | + | FROM THE DATE THE PUBLIC ENTITY OR ITS DESIGNEE AND THE OWNER26 | |
| 1168 | + | SIGN A PURCHASE AND SALE AGREEMENT .27 | |
| 1169 | + | 1287 | |
| 1170 | + | -34- (IV) FOR THE PURPOSE OF DETERMINING WHETHER THE TERMS OF1 | |
| 1171 | + | AN OFFER ARE ECONOMICALLY SUBSTANTIALLY IDENTICAL UNDER2 | |
| 1172 | + | SUBSECTION (8)(c)(III)(B) OF THIS SECTION, IT IS IMMATERIAL HOW THE3 | |
| 1173 | + | OFFER WOULD BE FINANCED.4 | |
| 1123 | 1174 | (d) A | |
| 1124 | - | MANAGEMENT AGREEMENT FOR HOW THE PARK WILL BE | |
| 1125 | - | OPERATED IF THE PUBLIC ENTITY PURCHASES THE PARK | |
| 1126 | - | ; | |
| 1127 | - | (E) A | |
| 1128 | - | NY CHANGES TO PARK RULES OR REGULATIONS THAT APPLY IF | |
| 1129 | - | THE PUBLIC ENTITY PURCHASES THE PARK | |
| 1130 | - | ; AND | |
| 1131 | - | (F) ANY AGREEMENT BETWEEN THE PARTIES REGARDING THE | |
| 1132 | - | TRANSFER OF STATUTORY RESPONSIBILITIES ASSOCIATED WITH MANAGING | |
| 1133 | - | THE PARK | |
| 1134 | - | , AND ANY LIMITATIONS OR WAIVERS OF LIABILITY . | |
| 1175 | + | LANDLORD SHALL NOT TAKE ANY ACTION THAT WOULD5 | |
| 1176 | + | PRECLUDE THE PUBLIC ENTITY OR ITS DESIGNEE FROM SUCCEEDING TO THE6 | |
| 1177 | + | RIGHTS OF AND ASSUMING THE OBLIGATIONS OF THE DESIGNEE OF THE7 | |
| 1178 | + | TERMS OF THE CONTINGENCY PURCHASE AND SALE AGREEMENT OR8 | |
| 1179 | + | NEGOTIATING WITH THE LANDLORD FOR THE PURCHASE OF THE MOBILE9 | |
| 1180 | + | HOME PARK DURING THE NOTICE PERIODS IDENTIFIED IN THIS SECTION . 10 | |
| 1181 | + | (e) I | |
| 1182 | + | N ADDITION TO ANY OTHER TIMES , DURING THE NOTICE11 | |
| 1183 | + | PERIODS IDENTIFIED IN THIS SECTION, A PUBLIC ENTITY MAY PURSUE12 | |
| 1184 | + | PRESERVATION OF THE MOBILE HOME PARK AS AFFORDABLE HOUSING13 | |
| 1185 | + | THROUGH NEGOTIATION FOR PURCHASE OR THROUGH CONDEMNATION .14 | |
| 1186 | + | (f) A | |
| 1187 | + | S USED IN THIS SUBSECTION (8), "PUBLIC ENTITY" MEANS THE15 | |
| 1188 | + | STATE, AN AGENCY OF THE STATE , A LOCAL GOVERNMENT , A TRIBAL16 | |
| 1189 | + | GOVERNMENT, OR ANY POLITICAL SUBDIVISION OF THE STATE , A LOCAL17 | |
| 1190 | + | GOVERNMENT, OR A TRIBAL GOVERNMENT.18 | |
| 1191 | + | (9) Independence of time limits and notice provisions.19 | |
| 1192 | + | (a) E | |
| 1193 | + | XCEPT AS PROVIDED IN SUBSECTION (9)(b) OF THIS SECTION, each20 | |
| 1194 | + | occurrence of a triggering event listed in subsection (1) or (2) | |
| 1195 | + | 21 | |
| 1196 | + | SUBSECTION (1)(a) of this section creates an independent, ninety-day22 | |
| 1197 | + | ONE-HUNDRED-TWENTY-DAY opportunity to purchase for the group or23 | |
| 1198 | + | association of home owners or their assignees. If a ninety-day24 | |
| 1199 | + | ONE-HUNDRED-TWENTY-DAY opportunity to purchase is in effect and a25 | |
| 1200 | + | new triggering event occurs, the ongoing ninety-day26 | |
| 1201 | + | ONE-HUNDRED-TWENTY-DAY time period terminates and a new ninety-day27 | |
| 1202 | + | 1287 | |
| 1203 | + | -35- ONE-HUNDRED-TWENTY-DAY time period begins on the latest date on1 | |
| 1204 | + | which the landlord gives notice, as required by subsection (1)2 | |
| 1205 | + | SUBSECTION (1)(a) or (2) of this section, of the new triggering event.3 | |
| 1206 | + | (b) (I) A | |
| 1207 | + | LANDLORD IS NOT REQUIRED TO PROVIDE A NEW OR4 | |
| 1208 | + | SUBSEQUENT NOTICE OF INTENT TO SELL FOR EACH TRIGGERING EVENT5 | |
| 1209 | + | LISTED IN SUBSECTION (1)(a) OF THIS SECTION IF:6 | |
| 1210 | + | (A) T | |
| 1211 | + | HE NEW DEMONSTRATION OF INTENT OCCURS WITHIN SIXTY7 | |
| 1212 | + | CALENDAR DAYS OF THE CERTIFIED MAILING OF THE MOST RECENT NOTICE8 | |
| 1213 | + | UNDER SUBSECTION (2) OF THIS SECTION; AND9 | |
| 1214 | + | (B) T | |
| 1215 | + | HERE ARE NO MATERIAL CHANGES TO THE IDENTITY OF A10 | |
| 1216 | + | POTENTIAL BUYER IF THE LANDLORD HAS MADE A CONDITIONAL11 | |
| 1217 | + | AGREEMENT WITH A BUYER ; TO THE TIME WHEN THE PARK IS LISTED FOR12 | |
| 1218 | + | SALE; OR TO THE PRICE, TERMS, AND CONDITIONS OF AN ACCEPTABLE13 | |
| 1219 | + | OFFER THE LANDLORD HAS RECEIVED TO SELL THE MOBILE HOME PARK OR14 | |
| 1220 | + | FOR WHICH THE LANDLORD INTENDS TO SELL THE PARK , WHICH WERE15 | |
| 1221 | + | INCLUDED IN THE MOST RECENT NOTICE PROVIDED PURSUANT TO16 | |
| 1222 | + | SUBSECTION (1)(a) OF THIS SECTION.17 | |
| 1135 | 1223 | (II) A | |
| 1136 | - | PUBLIC ENTITY SHALL ONLY EXERCISE ITS RIGHT OF FIRST | |
| 1137 | - | REFUSAL FOR THE PURPOSE OF PRESERVING THE MOBILE HOME PARK AS | |
| 1138 | - | LONG | |
| 1139 | - | -TERM AFFORDABLE HOUSING . THE PUBLIC ENTITY MAY DESIGNATE A | |
| 1140 | - | HOUSING AUTHORITY OR OTHER POLITICAL SUBDIVISION TO PURCHASE THE | |
| 1141 | - | PARK PURSUANT TO THE PUBLIC ENTITY | |
| 1142 | - | 'S RIGHT OF FIRST REFUSAL FOR THIS | |
| 1143 | - | PURPOSE IF THE OPTION FOR A DESIGNATION IS EXPRESSLY AGREED TO IN THE | |
| 1144 | - | ASSIGNMENT CONTRACT | |
| 1145 | - | . | |
| 1146 | - | (III) T | |
| 1147 | - | HE PUBLIC ENTITY OR ITS DESIGNEE SHALL PROMPTLY PROVIDE | |
| 1148 | - | NOTICE OF THE ASSIGNMENT CONTRACT TO THE LANDLORD | |
| 1149 | - | . | |
| 1150 | - | (c) (I) I | |
| 1151 | - | F A LANDLORD RECEIVES NOTICE THAT A GROUP OR | |
| 1152 | - | ASSOCIATION OF HOME OWNERS HAS ENTERED AN ASSIGNMENT CONTRACT | |
| 1153 | - | WITH A PUBLIC ENTITY PURSUANT TO SUBSECTION | |
| 1154 | - | (8)(b) OF THIS SECTION, | |
| 1155 | - | THE LANDLORD SHALL PROVIDE A RIGHT OF FIRST REFUSAL TO THE PUBLIC | |
| 1156 | - | ENTITY OR ITS DESIGNEE | |
| 1157 | - | . ANY PURCHASE AND SALE AGREEMENT ENTERED | |
| 1158 | - | INTO BY THE LANDLORD MUST BE CONTINGENT UPON THE RIGHT OF FIRST | |
| 1159 | - | REFUSAL OF THE PUBLIC ENTITY OR ITS DESIGNEE TO PURCHASE THE MOBILE | |
| 1160 | - | PAGE 25-HOUSE BILL 22-1287 HOME PARK. | |
| 1161 | - | (II) W | |
| 1162 | - | ITHIN THIRTY DAYS AFTER RECEIVING NOTICE OF AN | |
| 1163 | - | ASSIGNMENT CONTRACT | |
| 1164 | - | , THE LANDLORD SHALL PROVIDE THE PUBLIC ENTITY | |
| 1165 | - | OR ITS DESIGNEE WITH THE TERMS UPON WHICH THE LANDLORD WOULD | |
| 1166 | - | ACCEPT AN OFFER TO SELL THE PARK OR A CONTINGENT PURCHASE AND SALE | |
| 1167 | - | AGREEMENT THAT IS EFFECTIVE UPON ITS EXECUTION | |
| 1168 | - | . THE PUBLIC ENTITY | |
| 1169 | - | HAS ONE HUNDRED TWENTY DAYS FROM THE DATE THE PUBLIC ENTITY OR ITS | |
| 1170 | - | DESIGNEE RECEIVES THE TERMS OR CONTINGENT PURCHASE AND SALE | |
| 1171 | - | AGREEMENT TO NOTIFY THE LANDLORD OF THE PUBLIC ENTITY | |
| 1172 | - | 'S INTENT TO | |
| 1173 | - | PURCHASE THE MOBILE HOME PARK OR OF THE PUBLIC ENTITY | |
| 1174 | - | 'S INTENT TO | |
| 1175 | - | FACILITATE THE PURCHASE OF THE MOBILE HOME PARK BY ITS DESIGNEE | |
| 1176 | - | . | |
| 1177 | - | (III) T | |
| 1178 | - | HE LANDLORD SHALL SELL THE MOBILE HOME PARK TO THE | |
| 1179 | - | PUBLIC ENTITY OR ITS DESIGNEE IF | |
| 1180 | - | , WITHIN THE ONE-HUNDRED-TWENTY-DAY | |
| 1181 | - | PERIOD | |
| 1182 | - | , THE PUBLIC ENTITY OR ITS DESIGNEE: | |
| 1183 | - | (A) N | |
| 1184 | - | OTIFIES THE LANDLORD OF ITS INTENT TO PURCHASE THE PARK | |
| 1185 | - | OR FACILITATE THE PURCHASE OF THE PARK BY ITS DESIGNEE | |
| 1186 | - | ; | |
| 1187 | - | (B) A | |
| 1188 | - | CCEPTS THE CONTINGENT PURCHASE AND SALE AGREEMENT | |
| 1189 | - | PROVIDED BY THE LANDLORD OR OFFERS THE LANDLORD TERMS THAT ARE | |
| 1190 | - | ECONOMICALLY SUBSTANTIALLY IDENTICAL TO THE TERMS OF THE | |
| 1191 | - | CONTINGENT PURCHASE AND SALE AGREEMENT OR TO THE TERMS THE | |
| 1192 | - | LANDLORD PROVIDED PURSUANT TO SUBSECTION | |
| 1193 | - | (8)(c)(II) OF THIS SECTION; | |
| 1194 | - | AND | |
| 1195 | - | (C) COMMITS TO CLOSE WITHIN ONE HUNDRED TWENTY DAYS FROM | |
| 1196 | - | THE DATE THE PUBLIC ENTITY OR ITS DESIGNEE AND THE OWNER SIGN A | |
| 1197 | - | PURCHASE AND SALE AGREEMENT | |
| 1198 | - | . | |
| 1199 | - | (IV) F | |
| 1200 | - | OR THE PURPOSE OF DETERMINING WHETHER THE TERMS OF AN | |
| 1201 | - | OFFER ARE ECONOMICALLY SUBSTANTIALLY IDENTICAL UNDER SUBSECTION | |
| 1202 | - | (8)(c)(III)(B) OF THIS SECTION, IT IS IMMATERIAL HOW THE OFFER WOULD BE | |
| 1203 | - | FINANCED | |
| 1204 | - | . | |
| 1205 | - | (d) A | |
| 1206 | - | LANDLORD SHALL NOT TAKE ANY ACTION THAT WOULD | |
| 1207 | - | PRECLUDE THE PUBLIC ENTITY OR ITS DESIGNEE FROM SUCCEEDING TO THE | |
| 1208 | - | RIGHTS OF AND ASSUMING THE OBLIGATIONS OF THE DESIGNEE OF THE TERMS | |
| 1209 | - | OF THE CONTINGENCY PURCHASE AND SALE AGREEMENT OR NEGOTIATING | |
| 1210 | - | PAGE 26-HOUSE BILL 22-1287 WITH THE LANDLORD FOR THE PURCHASE OF THE MOBILE HOME PARK DURING | |
| 1211 | - | THE NOTICE PERIODS IDENTIFIED IN THIS SECTION | |
| 1212 | - | . | |
| 1213 | - | (e) I | |
| 1214 | - | N ADDITION TO ANY OTHER TIMES, DURING THE NOTICE PERIODS | |
| 1215 | - | IDENTIFIED IN THIS SECTION | |
| 1216 | - | , A PUBLIC ENTITY MAY PURSUE PRESERVATION | |
| 1217 | - | OF THE MOBILE HOME PARK AS AFFORDABLE HOUSING THROUGH | |
| 1218 | - | NEGOTIATION FOR PURCHASE OR THROUGH CONDEMNATION | |
| 1219 | - | . | |
| 1220 | - | (f) A | |
| 1221 | - | S USED IN THIS SUBSECTION (8), "PUBLIC ENTITY" MEANS THE | |
| 1222 | - | STATE | |
| 1223 | - | , AN AGENCY OF THE STATE , A LOCAL GOVERNMENT , A TRIBAL | |
| 1224 | - | GOVERNMENT | |
| 1225 | - | , OR ANY POLITICAL SUBDIVISION OF THE STATE , A LOCAL | |
| 1226 | - | GOVERNMENT | |
| 1227 | - | , OR A TRIBAL GOVERNMENT. | |
| 1228 | - | (9) Independence of time limits and notice provisions. (a) E | |
| 1229 | - | XCEPT | |
| 1230 | - | AS PROVIDED IN SUBSECTION | |
| 1231 | - | (9)(b) OF THIS SECTION, each occurrence of a | |
| 1232 | - | triggering event listed in subsection (1) or (2) | |
| 1233 | - | SUBSECTION (1)(a) of this | |
| 1234 | - | section creates an independent, ninety-day ONE-HUNDRED-TWENTY-DAY | |
| 1235 | - | opportunity to purchase for the group or association of home owners or their assignees. If a ninety-day | |
| 1236 | - | ONE-HUNDRED-TWENTY-DAY opportunity to | |
| 1237 | - | purchase is in effect and a new triggering event occurs, the ongoing | |
| 1238 | - | ninety-day | |
| 1239 | - | ONE-HUNDRED-TWENTY-DAY time period terminates and a new | |
| 1240 | - | ninety-day ONE-HUNDRED-TWENTY-DAY time period begins on the latest | |
| 1241 | - | date on which the landlord gives notice, as required by subsection (1) | |
| 1242 | - | SUBSECTION (1)(a) or (2) of this section, of the new triggering event. | |
| 1243 | - | (b) (I) A | |
| 1244 | - | LANDLORD IS NOT REQUIRED TO PROVIDE A NEW OR | |
| 1245 | - | SUBSEQUENT NOTICE OF INTENT TO SELL FOR EACH TRIGGERING EVENT | |
| 1246 | - | LISTED IN SUBSECTION | |
| 1247 | - | (1)(a) OF THIS SECTION IF: | |
| 1248 | - | (A) T | |
| 1249 | - | HE NEW DEMONSTRATION OF INTENT OCCURS WITHIN SIXTY | |
| 1250 | - | CALENDAR DAYS OF THE CERTIFIED MAILING OF THE MOST RECENT NOTICE | |
| 1251 | - | UNDER SUBSECTION | |
| 1252 | - | (2) OF THIS SECTION; AND | |
| 1253 | - | (B) THERE ARE NO MATERIAL CHANGES TO THE IDENTITY OF A | |
| 1254 | - | POTENTIAL BUYER IF THE LANDLORD HAS MADE A CONDITIONAL AGREEMENT | |
| 1255 | - | WITH A BUYER | |
| 1256 | - | ; TO THE TIME WHEN THE PARK IS LISTED FOR SALE; OR TO THE | |
| 1257 | - | PRICE | |
| 1258 | - | , TERMS, AND CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD | |
| 1259 | - | HAS RECEIVED TO SELL THE MOBILE HOME PARK OR FOR WHICH THE | |
| 1260 | - | LANDLORD INTENDS TO SELL THE PARK | |
| 1261 | - | , WHICH WERE INCLUDED IN THE MOST | |
| 1262 | - | RECENT NOTICE PROVIDED PURSUANT TO SUBSECTION | |
| 1263 | - | (1)(a) OF THIS | |
| 1264 | - | PAGE 27-HOUSE BILL 22-1287 SECTION. | |
| 1265 | - | (II) A | |
| 1266 | - | NY MATERIAL CHANGE TO THE PRICE, TERMS, AND CONDITIONS | |
| 1267 | - | OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO SELL THE | |
| 1268 | - | MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO SELL THE | |
| 1269 | - | PARK IS CONSIDERED A NEW TRIGGERING EVENT | |
| 1270 | - | , REQUIRING A NEW NOTICE | |
| 1271 | - | PURSUANT TO SUBSECTION | |
| 1272 | - | (1)(a) OF THIS SECTION AND CREATING A NEW | |
| 1273 | - | ONE | |
| 1274 | - | -HUNDRED-TWENTY-DAY TIME PERIOD. | |
| 1275 | - | (b) | |
| 1276 | - | (c) A notice required under this section is in addition to, and | |
| 1277 | - | does not substitute for or affect, any other notice requirement under this part | |
| 1278 | - | 2. | |
| 1279 | - | (10) A landlord shall not make a final, unconditional acceptance of | |
| 1280 | - | any offer for the sale or transfer of the park until: | |
| 1281 | - | (a) The landlord has considered an offer made by a group or | |
| 1282 | - | association of home owners or their assignees pursuant to subsections (4), | |
| 1283 | - | and | |
| 1284 | - | (5), AND (8) of this section; or | |
| 1285 | - | (14) Triggering events not essential. (a) A group or association of | |
| 1286 | - | home owners or their assignees may submit an offer to purchase to a | |
| 1287 | - | landlord at any time, even if none of the events listed in subsection (1) or | |
| 1288 | - | (2) SUBSECTION (1)(a) of this section has occurred. | |
| 1224 | + | NY MATERIAL CHANGE TO THE PRICE , TERMS, AND18 | |
| 1225 | + | CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO19 | |
| 1226 | + | SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO20 | |
| 1227 | + | SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT , REQUIRING A21 | |
| 1228 | + | NEW NOTICE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND22 | |
| 1229 | + | CREATING A NEW ONE-HUNDRED-TWENTY-DAY | |
| 1230 | + | TIME PERIOD. 23 | |
| 1231 | + | (b) (c) A notice required under this section is in addition to, and24 | |
| 1232 | + | does not substitute for or affect, any other notice requirement under this25 | |
| 1233 | + | part 2.26 | |
| 1234 | + | (10) A landlord shall not make a final, unconditional acceptance27 | |
| 1235 | + | 1287 | |
| 1236 | + | -36- of any offer for the sale or transfer of the park until:1 | |
| 1237 | + | (a) The landlord has considered an offer made by a group or2 | |
| 1238 | + | association of home owners or their assignees pursuant to subsections (4),3 | |
| 1239 | + | and (5), AND (8) of this section; or4 | |
| 1240 | + | (14) Triggering events not essential. (a) A group or association5 | |
| 1241 | + | of home owners or their assignees may submit an offer to purchase to a6 | |
| 1242 | + | landlord at any time, even if none of the events listed in subsection (1) or7 | |
| 1243 | + | (2) SUBSECTION (1)(a) of this section has occurred.8 | |
| 1289 | 1244 | (15) Penalties and enforcement. (a) (I) F | |
| 1290 | 1245 | OR PURPOSES OF THIS | |
| 1291 | - | TITLE | |
| 1292 | - | 38, THE RIGHTS ACCORDED TO HOME OWNERS IN THIS SECTION ARE | |
| 1293 | - | PROPERTY INTERESTS | |
| 1294 | - | . | |
| 1295 | - | (II) A | |
| 1296 | - | NY TITLE TRANSFERRED SUBSEQUENT TO THE TRIGGERING | |
| 1297 | - | EVENTS IN SUBSECTION | |
| 1298 | - | (1)(a) OF THIS SECTION IS DEFECTIVE UNLESS THE | |
| 1299 | - | PROPERTY INTERESTS OF THE HOME OWNERS AS SET FORTH IN SUBSECTION | |
| 1300 | - | (15)(a)(I) OF THIS SECTION ARE SECURED OR UNTIL AN EQUITABLE REMEDY | |
| 1301 | - | HAS BEEN PROVIDED | |
| 1302 | - | . | |
| 1246 | + | 9 | |
| 1247 | + | TITLE 38, THE RIGHTS ACCORDED TO HOME OWNERS IN THIS SECTION ARE10 | |
| 1248 | + | PROPERTY INTERESTS.11 | |
| 1249 | + | (II) ANY TITLE TRANSFERRED SUBSEQUENT TO THE TRIGGERING12 | |
| 1250 | + | EVENTS IN SUBSECTION (1)(a) OF THIS SECTION IS DEFECTIVE UNLESS THE13 | |
| 1251 | + | PROPERTY INTERESTS OF THE HOME OWNERS AS SET FORTH IN SUBSECTION14 | |
| 1252 | + | (15)(a)(I) OF THIS SECTION ARE SECURED OR UNTIL AN EQUITABLE REMEDY15 | |
| 1253 | + | HAS BEEN PROVIDED.16 | |
| 1303 | 1254 | (b) I | |
| 1304 | - | F THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL | |
| 1305 | - | AFFAIRS RECEIVES A COMPLAINT FILED IN ACCORDANCE WITH PART | |
| 1306 | - | 11 OF | |
| 1307 | - | THIS ARTICLE | |
| 1308 | - | 12, THE DIVISION SHALL INVESTIGATE THE ALLEGED | |
| 1309 | - | VIOLATIONS AT THE DIVISION | |
| 1310 | - | 'S DISCRETION, AND, IF APPROPRIATE, | |
| 1311 | - | FACILITATE NEGOTIATIONS BETWEEN THE COMPLAINANT AND RESPONDENT | |
| 1312 | - | PAGE 28-HOUSE BILL 22-1287 IN ACCORDANCE WITH PART 11 OF THIS ARTICLE 12. THE DIVISION MAY ALSO | |
| 1313 | - | INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION UPON ITS OWN | |
| 1314 | - | INITIATIVE | |
| 1315 | - | . IN ADDITION TO THE REMEDIES DESCRIBED IN SECTION | |
| 1316 | - | 38-12-1105, THE DIVISION MAY: | |
| 1255 | + | F THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL17 | |
| 1256 | + | AFFAIRS RECEIVES A COMPLAINT FILED IN ACCORDANCE WITH PART 11 OF18 | |
| 1257 | + | THIS ARTICLE 12, THE DIVISION SHALL INVESTIGATE THE ALLEGED19 | |
| 1258 | + | VIOLATIONS AT THE DIVISION 'S DISCRETION, AND, IF APPROPRIATE,20 | |
| 1259 | + | FACILITATE NEGOTIATIONS BETWEEN THE COMPLAINANT AND RESPONDENT21 | |
| 1260 | + | IN ACCORDANCE WITH PART 11 OF THIS ARTICLE 12. THE DIVISION MAY22 | |
| 1261 | + | ALSO INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION UPON ITS OWN23 | |
| 1262 | + | INITIATIVE. IN ADDITION TO THE REMEDIES DESCRIBED IN SECTION24 | |
| 1263 | + | 38-12-1105, | |
| 1264 | + | THE DIVISION MAY:25 | |
| 1317 | 1265 | (I) I | |
| 1318 | - | MPOSE A FINE ON THE SELLER OF THE MOBILE HOME PARK IN AN | |
| 1319 | - | AMOUNT NOT TO EXCEED THIRTY PERCENT OF THE SALE OR LISTING PRICE OF | |
| 1320 | - | THE PARK | |
| 1321 | - | , WHICHEVER IS GREATER, WHICH THE DIVISION SHALL DISTRIBUTE | |
| 1322 | - | TO THE HOME OWNERS IN THE PARK | |
| 1323 | - | ; OR | |
| 1324 | - | (II) FILE A CIVIL ACTION FOR INJUNCTIVE OR OTHER RELIEF IN THE | |
| 1325 | - | DISTRICT COURT FOR THE DISTRICT IN WHICH THE PARK IS LOCATED | |
| 1326 | - | . | |
| 1266 | + | MPOSE A FINE ON THE SELLER OF THE MOBILE HOME PARK IN AN26 | |
| 1267 | + | AMOUNT NOT TO EXCEED THIRTY PERCENT OF THE SALE OR LISTING PRICE27 | |
| 1268 | + | 1287 | |
| 1269 | + | -37- OF THE PARK, WHICHEVER IS GREATER , WHICH THE DIVISION SHALL1 | |
| 1270 | + | DISTRIBUTE TO THE HOME OWNERS IN THE PARK ; OR2 | |
| 1271 | + | (II) F | |
| 1272 | + | ILE A CIVIL ACTION FOR INJUNCTIVE OR OTHER RELIEF IN THE3 | |
| 1273 | + | DISTRICT COURT FOR THE DISTRICT IN WHICH THE PARK IS LOCATED .4 | |
| 1327 | 1274 | (c) S | |
| 1328 | - | UBJECT TO AVAILABLE RESOURCES , THE ATTORNEY GENERAL | |
| 1329 | - | MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION | |
| 1330 | - | . IF THE ATTORNEY | |
| 1331 | - | GENERAL MAKES A PRELIMINARY FINDING THAT A LANDLORD OR SELLER OF | |
| 1332 | - | A MOBILE HOME PARK SUBSTANTIALLY FAILED TO COMPLY WITH THIS | |
| 1333 | - | SECTION | |
| 1334 | - | , AND IF CONTINUATION OF THE SALE IS LIKELY TO RESULT IN | |
| 1335 | - | SIGNIFICANT HARM TO THE PROPERTY INTERESTS OF THE HOME OWNERS AS | |
| 1336 | - | SET FORTH IN SUBSECTION | |
| 1337 | - | (15)(a)(II) OF THIS SECTION, THE ATTORNEY | |
| 1338 | - | GENERAL | |
| 1339 | - | : | |
| 1275 | + | UBJECT TO AVAILABLE RESOURCES , THE ATTORNEY GENERAL5 | |
| 1276 | + | MAY INVESTIGATE POSSIBLE VIOLATIONS OF THIS SECTION . IF THE6 | |
| 1277 | + | ATTORNEY GENERAL MAKES A PRELIMINARY FINDING THAT A LANDLORD7 | |
| 1278 | + | OR SELLER OF A MOBILE HOME PARK SUBSTANTIALLY FAILED TO COMPLY8 | |
| 1279 | + | WITH THIS SECTION, AND IF CONTINUATION OF THE SALE IS LIKELY TO9 | |
| 1280 | + | RESULT IN SIGNIFICANT HARM TO THE PROPERTY INTERESTS OF THE HOME10 | |
| 1281 | + | OWNERS AS SET FORTH IN SUBSECTION (15)(a)(II) OF THIS SECTION, THE11 | |
| 1282 | + | ATTORNEY GENERAL:12 | |
| 1340 | 1283 | (I) S | |
| 1341 | - | HALL INFORM THE REGISTRAR OF TITLES THAT THE HOME | |
| 1342 | - | OWNERS WITH PROPERTY INTERESTS UNDER THIS SECTION HAVE AN ADVERSE | |
| 1343 | - | CLAIM ON THE PROPERTY | |
| 1344 | - | , WHICH MUST BE RECORDED ON THE CERTIFICATE | |
| 1345 | - | OF TITLE | |
| 1346 | - | ; | |
| 1284 | + | HALL INFORM THE REGISTRAR OF TITLES THAT THE HOME13 | |
| 1285 | + | OWNERS WITH PROPERTY INTERESTS UNDER THIS SECTION HAVE AN14 | |
| 1286 | + | ADVERSE CLAIM ON THE PROPERTY , WHICH MUST BE RECORDED ON THE15 | |
| 1287 | + | CERTIFICATE OF TITLE;16 | |
| 1347 | 1288 | (II) M | |
| 1348 | - | AY, PURSUANT TO SECTION 38-36-131 AND SUBJECT TO THE | |
| 1349 | - | TIME LIMITS OF SECTION | |
| 1350 | - | 38-36-132, ISSUE AN ORDER PROVIDING TEMPORARY | |
| 1351 | - | INJUNCTIVE RELIEF TO PRESERVE THE OWNERSHIP STATUS QUO IF THE ORDER | |
| 1352 | - | IS ISSUED PRIOR TO A TRANSFER OF TITLE | |
| 1353 | - | , OR TO REVERT THE OWNERSHIP TO | |
| 1354 | - | STATUS QUO ANTE SUBJECT TO THE LIMITATIONS OF ARTICLE | |
| 1355 | - | 41 OF THIS | |
| 1356 | - | TITLE | |
| 1357 | - | 38 IF THE ORDER IS ISSUED AFTER THE TRANSFER OF TITLE; | |
| 1289 | + | AY, PURSUANT TO SECTION 38-36-131 AND SUBJECT TO THE17 | |
| 1290 | + | TIME LIMITS OF SECTION 38-36-132, ISSUE AN ORDER PROVIDING18 | |
| 1291 | + | TEMPORARY INJUNCTIVE RELIEF TO PRESERVE THE OWNERSHIP STATUS19 | |
| 1292 | + | QUO IF THE ORDER IS ISSUED PRIOR TO A TRANSFER OF TITLE , OR TO20 | |
| 1293 | + | REVERT THE OWNERSHIP TO STATUS QUO ANTE SUBJECT TO THE21 | |
| 1294 | + | LIMITATIONS OF ARTICLE 41 OF THIS TITLE 38 IF THE ORDER IS ISSUED22 | |
| 1295 | + | AFTER THE TRANSFER OF TITLE;23 | |
| 1358 | 1296 | (III) M | |
| 1359 | - | AY CONTINUE TO INVESTIGATE , NEGOTIATE, AND, IF | |
| 1360 | - | APPROPRIATE | |
| 1361 | - | , FILE A CIVIL ACTION TO SECURE AND ENFORCE THE RIGHTS OF | |
| 1362 | - | HOME OWNERS UNDER THIS SECTION OR TO SECURE AN EQUITABLE REMEDY | |
| 1363 | - | ON THEIR BEHALF | |
| 1364 | - | . | |
| 1297 | + | AY CONTINUE TO INVESTIGATE , NEGOTIATE, AND, IF24 | |
| 1298 | + | APPROPRIATE, FILE A CIVIL ACTION TO SECURE AND ENFORCE THE RIGHTS25 | |
| 1299 | + | OF HOME OWNERS UNDER THIS SECTION OR TO SECURE AN EQUITABLE26 | |
| 1300 | + | REMEDY ON THEIR BEHALF.27 | |
| 1301 | + | 1287 | |
| 1302 | + | -38- (d) ONE OR MORE HOME OWNERS OR THEIR ASSIGNEES MAY FILE A1 | |
| 1303 | + | CIVIL ACTION ALLEGING A VIOLATION OF THIS SECTION PURSUANT TO2 | |
| 1304 | + | SECTION 38-12-220.3 | |
| 1305 | + | SECTION 17. In Colorado Revised Statutes, 38-12-219, amend4 | |
| 1306 | + | (1) introductory portion and (1)(a); and add (2) as follows:5 | |
| 1307 | + | 38-12-219. Home owners' and landlords' rights. (1) Every6 | |
| 1308 | + | home owner and landlord shall have the HAS A PRIVATE right OF ACTION7 | |
| 1309 | + | PURSUANT TO SECTION 38-12-203 OR 38-12-220 to ENFORCE the8 | |
| 1310 | + | following:9 | |
| 1311 | + | (a) Protection from abuse or disregard of state or local law by the10 | |
| 1312 | + | landlord and home owners. A | |
| 1313 | + | BUSE OR DISREGARD OF STATE OR LOCAL11 | |
| 1314 | + | LAW INCLUDES, BUT IS NOT LIMITED TO:12 | |
| 1315 | + | (I) O | |
| 1316 | + | RAL OR WRITTEN STATEMENTS THAT THREATEN EVICTION OF13 | |
| 1317 | + | A | |
| 1318 | + | HOME OWNER FOR VIOLATIONS THAT ARE NOT GROUNDS TO TERMINATE14 | |
| 1319 | + | A TENANCY UNDER SECTION 38-12-203;15 | |
| 1320 | + | (II) M | |
| 1321 | + | ISLEADING A HOME OWNER ABOUT THE HOME OWNER 'S16 | |
| 1322 | + | OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT ; OR17 | |
| 1323 | + | (III) T | |
| 1324 | + | AKING, POSSESSING, OR DEPRIVING A HOME OWNER OR18 | |
| 1325 | + | RESIDENT OF HIS OR HER PROPERTY OR PROPERTY RIGHTS WITHOUT DUE19 | |
| 1326 | + | PROCESS OF LAW, INCLUDING THE OPPORTUNITY FOR A JUDICIAL OR20 | |
| 1327 | + | ADMINISTRATIVE HEARING.21 | |
| 1328 | + | (2) T | |
| 1329 | + | HE RIGHTS AND OBLIGATIONS SET FORTH IN SUBSECTIONS22 | |
| 1330 | + | (1)(a)(III), (1)(b), | |
| 1331 | + | AND (1)(c) OF THIS SECTION ARE NOT SUBJECT TO23 | |
| 1332 | + | ENFORCEMENT THROUGH THE "MOBILE HOME PARK ACT DISPUTE24 | |
| 1333 | + | R | |
| 1334 | + | ESOLUTION AND ENFORCEMENT PROGRAM " CREATED IN PART 11 OF THIS25 | |
| 1335 | + | ARTICLE 12.26 | |
| 1336 | + | SECTION 18. In Colorado Revised Statutes, amend 38-12-22027 | |
| 1337 | + | 1287 | |
| 1338 | + | -39- as follows:1 | |
| 1339 | + | 38-12-220. Private civil right of action. (1) A home owner, in2 | |
| 1340 | + | a park where the landlord has violated any provision of this article 12 has3 | |
| 1341 | + | a private civil right of, A RESIDENT, AN ASSOCIATION OF HOME OWNERS ,4 | |
| 1342 | + | OR A LANDLORD OR THE ASSIGNEE OF A HOME OWNER , A RESIDENT, AN5 | |
| 1343 | + | ASSOCIATION OF HOME OWNERS , OR A LANDLORD MAY FILE A CIVIL action6 | |
| 1344 | + | against the landlord ALLEGING A VIOLATION OF A RENTAL AGREEMENT OR7 | |
| 1345 | + | OF ANY PROVISION OF THIS ARTICLE 12.8 | |
| 1346 | + | (2) In any such action, except as described in section 38-12-1059 | |
| 1347 | + | (4): the home owner is entitled to actual economic damages and10 | |
| 1348 | + | reasonable attorney fees and costs if the home owner is successful in the11 | |
| 1349 | + | action.12 | |
| 1350 | + | (a) A | |
| 1351 | + | COURT MAY AWARD ECONOMIC DAMAGES , ANY PENALTIES13 | |
| 1352 | + | AUTHORIZED BY THIS ARTICLE 12, AND SUCH EQUITABLE AND INJUNCTIVE14 | |
| 1353 | + | RELIEF AS IS APPROPRIATE TO PROTECT THE RIGHTS OF THE PARTIES ;15 | |
| 1354 | + | (b) A | |
| 1355 | + | COURT MAY AWARD REASONABLE ATTORNEY FEES AND16 | |
| 1356 | + | COSTS TO A PREVAILING PARTY; EXCEPT THAT, IN AN ACTION BROUGHT BY17 | |
| 1357 | + | A RESIDENT, A HOME OWNER, OR AN ASSOCIATION OF HOME OWNERS A18 | |
| 1358 | + | COURT SHALL NOT:19 | |
| 1359 | + | (I) A | |
| 1360 | + | WARD ATTORNEY FEES TO A LANDLORD UNLESS THE COURT20 | |
| 1361 | + | FINDS THAT THE RESIDENT, A HOME OWNER, OR AN ASSOCIATION OF HOME21 | |
| 1362 | + | OWNERS FILED A COMPLAINT THAT WAS FRIVOLOUS , NOTWITHSTANDING22 | |
| 1363 | + | ANY AGREEMENT TO THE CONTRARY ; OR23 | |
| 1364 | + | (II) R | |
| 1365 | + | EQUIRE A BOND TO BE PAID INTO THE COURT AS A CONDITION24 | |
| 1366 | + | OF FILING THE SUIT.25 | |
| 1367 | + | (3) I | |
| 1368 | + | N AN ACTION ALLEGING A VIOLATION OF SECTION 38-12-217:26 | |
| 1369 | + | (a) A | |
| 1370 | + | COURT MAY ISSUE AN ORDER SUSPENDING THE27 | |
| 1371 | + | 1287 | |
| 1372 | + | -40- ONE-HUNDRED-TWENTY-DAY PERIODS DESCRIBED IN SECTION 38-12-2171 | |
| 1373 | + | (4)(a) | |
| 1374 | + | AND (6)(b), STAYING OR CANCELING THE CLOSING OF ANY PENDING2 | |
| 1375 | + | TRANSACTION, OR PROVIDING SUCH OTHER EQUITABLE RELIEF AS THE3 | |
| 1376 | + | COURT DEEMS NECESSARY TO PROTECT THE RIGHTS OF THE HOME OWNERS4 | |
| 1377 | + | UNDER SECTION 38-12-217.5 | |
| 1378 | + | (b) I | |
| 1379 | + | F THE COURT FINDS THE LANDLORD VIOLATED SECTION6 | |
| 1380 | + | 38-12-217, | |
| 1381 | + | IN ADDITION TO ALL OTHER REMEDIES , THE COURT SHALL7 | |
| 1382 | + | AWARD A STATUTORY PENALTY OF NO LESS THAN TWENTY T HOUSAND8 | |
| 1383 | + | DOLLARS BUT NO MORE THAN THE DOLLAR AMOUNT CALCULATED TO BE9 | |
| 1384 | + | THIRTY PERCENT OF THE PURCHASE OR LISTING PRICE OF THE PARK . THE10 | |
| 1385 | + | PENALTY AUTHORIZED BY THIS SUBSECTION (3)(b) IS IN ADDITION TO ANY11 | |
| 1386 | + | FINE OR PENALTY IMPOSED BY OR AWARDED TO THE DIVISION OF HOUSING12 | |
| 1387 | + | UNDER SECTION 38-12-217 (15).13 | |
| 1388 | + | (4) IF A COURT DETERMINES THAT A LANDLORD VIOLATED SECTION14 | |
| 1389 | + | 38-12-204 (4) OR (5), IN ADDITION TO ALL OTHER REMEDIES, THE COURT15 | |
| 1390 | + | SHALL AWARD A STATUTORY PENALTY OF NO LESS THAN FIFTEEN16 | |
| 1391 | + | THOUSAND DOLLARS BUT NO MORE THAN FIFTY THOUSAND DOLLARS TO17 | |
| 1392 | + | EACH AGGRIEVED PARTY FOR EACH VIOLATION THAT OCCURRED .18 | |
| 1393 | + | SECTION 19. In Colorado Revised Statutes, 38-12-222, amend19 | |
| 1394 | + | (2) and (3) as follows:20 | |
| 1395 | + | 38-12-222. Residents' right to privacy. (2) Unless otherwise21 | |
| 1396 | + | prohibited by law, the management has a right of entry to mobile home22 | |
| 1397 | + | space to fulfill the duties described in section 38-12-212.3 and to ensure23 | |
| 1398 | + | compliance with applicable codes, statutes, ordinances, and24 | |
| 1399 | + | administrative rules; the rental agreement; and the rules and regulations25 | |
| 1400 | + | of the park. A landlord shall not enter in a manner that interferes with a26 | |
| 1401 | + | home owner's RESIDENT'S peaceful enjoyment of the mobile home space,27 | |
| 1402 | + | 1287 | |
| 1403 | + | -41- as described in section 38-12-219 (1)(b), except in the case of an1 | |
| 1404 | + | emergency.2 | |
| 1405 | + | (3) Except when posting notices that are required by law or by a3 | |
| 1406 | + | rental agreement, the management shall make a reasonable effort to notify4 | |
| 1407 | + | a home owner RESIDENT of the management's intention to enter the5 | |
| 1408 | + | mobile home space at least forty-eight hours before entry. T | |
| 1409 | + | HE6 | |
| 1410 | + | NOTIFICATION MUST INCLUDE THE DATE AND APPROXIMATE TIME OF THE7 | |
| 1411 | + | PLANNED ENTRY AND MUST BE DELIVERED IN A MANNER THAT IS8 | |
| 1412 | + | REASONABLY LIKELY TO BE SEEN OR HEARD BY THE RESIDENT IN A TIMELY9 | |
| 1413 | + | MANNER.10 | |
| 1414 | + | SECTION 20. In Colorado Revised Statutes, add 38-12-223 as11 | |
| 1415 | + | follows:12 | |
| 1416 | + | 38-12-223. Tenancy and park sale records. (1) A | |
| 1417 | + | LANDLORD13 | |
| 1418 | + | SHALL RETAIN RECORDS FOR EACH HOME OWNER AND RESIDENT14 | |
| 1419 | + | THROUGHOUT THE HOME OWNER 'S OR RESIDENT'S TENANCY AND FOR15 | |
| 1420 | + | TWELVE MONTHS AFTER THE TENANCY ENDS , INCLUDING DOCUMENTATION16 | |
| 1421 | + | OF:17 | |
| 1422 | + | (a) E | |
| 1423 | + | ACH RENTAL AGREEMENT SIGNED BY THE HOME OWNER OR18 | |
| 1424 | + | RESIDENT AND THE CURRENT OR PREVIOUS LANDLORD ;19 | |
| 1425 | + | (b) T | |
| 1426 | + | HE DATE AND AMOUNT OF ANY CHANGE IN RENT DURING THE20 | |
| 1427 | + | HOME OWNER'S OR RESIDENT'S TENANCY;21 | |
| 1428 | + | (c) W | |
| 1429 | + | RITTEN RULES AND REGULATIONS ADOPTED BY THE CURRENT22 | |
| 1430 | + | OR PREVIOUS LANDLORD DURING THE HOME OWNER 'S OR RESIDENT'S23 | |
| 1431 | + | TENANCY;24 | |
| 1432 | + | (d) E | |
| 1433 | + | ACH REQUEST FROM THE HOME OWNER OR RESIDENT25 | |
| 1434 | + | RELATING TO THE FOLLOWING , INCLUDING WHETHER THE LANDLORD AT26 | |
| 1435 | + | THE TIME APPROVED OR DISAPPROVED EACH REQUEST :27 | |
| 1436 | + | 1287 | |
| 1437 | + | -42- (I) GUESTS, ROOMMATES, OCCUPANTS, CO-LESSEES, OR1 | |
| 1438 | + | SUB-LESSEES;2 | |
| 1439 | + | (II) P | |
| 1440 | + | ETS OR SERVICE ANIMALS;3 | |
| 1441 | + | (III) A | |
| 1442 | + | CCESSORY BUILDINGS OR STRUCTURES , INCLUDING SHEDS4 | |
| 1443 | + | AND CARPORTS;5 | |
| 1444 | + | (IV) D | |
| 1445 | + | ECKS, FENCES, WHEELCHAIR RAMPS, OR OTHER STRUCTURAL6 | |
| 1446 | + | CHANGES TO THE HOME OR LOT ; AND7 | |
| 1447 | + | (V) U | |
| 1448 | + | SE OF PROPERTY RELATED TO PARKING OF VEHICLES AND USE8 | |
| 1449 | + | OF VEHICLES.9 | |
| 1450 | + | (2) A | |
| 1451 | + | LANDLORD WHO IS SELLING OR TRANSFERRING A MOBILE10 | |
| 1452 | + | HOME PARK SHALL MAINTAIN ALL RECORDS RELATED TO COMPLIANCE11 | |
| 1453 | + | WITH SECTION 38-12-217 FOR A MINIMUM OF FORTY-EIGHT MONTHS AFTER12 | |
| 1454 | + | ANY SALE OR TRANSFER OF A MOBILE HOME PARK IS COMPLETE , INCLUDING13 | |
| 1455 | + | BUT NOT LIMITED TO:14 | |
| 1456 | + | (a) N | |
| 1457 | + | OTICES MAILED OR GIVEN TO HOME OWNERS PURSUANT TO15 | |
| 1458 | + | SECTION 38-12-217 (1) AND (2);16 | |
| 1459 | + | (b) P | |
| 1460 | + | OSTINGS PURSUANT TO SECTION 38-12-217 (1)(c), INCLUDING17 | |
| 1461 | + | ANY FORMS FOR HOME OWNERS TO PROVIDE NOTICE THAT THEY DO NOT18 | |
| 1462 | + | WISH TO PARTICIPATE IN EFFORTS TO PURCHASE THE COMMUNITY ;19 | |
| 1463 | + | (c) S | |
| 1464 | + | IGNED WRITINGS PROVIDED BY HOME OWNERS TO THE PARK20 | |
| 1465 | + | OWNER DECLINING TO PARTICIPATE IN PURCHASING THE PARK PURSUANT21 | |
| 1466 | + | TO SECTION 38-12-217 (1)(c);22 | |
| 1365 | 1467 | (d) O | |
| 1366 | - | NE OR MORE HOME OWNERS OR THEIR ASSIGNEES MAY FILE A | |
| 1367 | - | PAGE 29-HOUSE BILL 22-1287 CIVIL ACTION ALLEGING A VIOLATION OF THIS SECTION PURSUANT TO | |
| 1368 | - | SECTION | |
| 1369 | - | 38-12-220. | |
| 1370 | - | SECTION 17. In Colorado Revised Statutes, 38-12-219, amend (1) | |
| 1371 | - | introductory portion and (1)(a); and add (2) as follows: | |
| 1372 | - | 38-12-219. Home owners' and landlords' rights. (1) Every home | |
| 1373 | - | owner and landlord shall have the | |
| 1374 | - | HAS A PRIVATE right OF ACTION | |
| 1375 | - | PURSUANT TO SECTION | |
| 1376 | - | 38-12-203 OR 38-12-220 to ENFORCE the following: | |
| 1377 | - | (a) Protection from abuse or disregard of state or local law by the | |
| 1378 | - | landlord and home owners. A | |
| 1379 | - | BUSE OR DISREGARD OF STATE OR LOCAL LAW | |
| 1380 | - | INCLUDES | |
| 1381 | - | , BUT IS NOT LIMITED TO: | |
| 1382 | - | (I) O | |
| 1383 | - | RAL OR WRITTEN STATEMENTS THAT THREATEN EVICTION OF A | |
| 1384 | - | HOME OWNER FOR VIOLATIONS THAT ARE NOT GROUNDS TO TERMINATE A | |
| 1385 | - | TENANCY UNDER SECTION | |
| 1386 | - | 38-12-203; | |
| 1387 | - | (II) M | |
| 1388 | - | ISLEADING A HOME OWNER ABOUT THE HOME OWNER 'S | |
| 1389 | - | OBLIGATION TO SIGN A NEW LEASE OR AGREEMENT | |
| 1390 | - | ; OR | |
| 1391 | - | (III) TAKING, POSSESSING, OR DEPRIVING A HOME OWNER OR | |
| 1392 | - | RESIDENT OF HIS OR HER PROPERTY OR PROPERTY RIGHTS WITHOUT DUE | |
| 1393 | - | PROCESS OF LAW | |
| 1394 | - | , INCLUDING THE OPPORTUNITY FOR A JUDICIAL OR | |
| 1395 | - | ADMINISTRATIVE HEARING | |
| 1396 | - | . | |
| 1397 | - | (2) T | |
| 1398 | - | HE RIGHTS AND OBLIGATIONS SET FORTH IN SUBSECTIONS | |
| 1399 | - | (1)(a)(III), (1)(b), AND (1)(c) OF THIS SECTION ARE NOT SUBJECT TO | |
| 1400 | - | ENFORCEMENT THROUGH THE | |
| 1401 | - | "MOBILE HOME PARK ACT DISPUTE | |
| 1402 | - | RESOLUTION AND ENFORCEMENT PROGRAM " CREATED IN PART 11 OF THIS | |
| 1403 | - | ARTICLE | |
| 1404 | - | 12. | |
| 1405 | - | SECTION 18. In Colorado Revised Statutes, amend 38-12-220 as | |
| 1406 | - | follows: | |
| 1407 | - | 38-12-220. Private civil right of action. (1) A home owner, in a | |
| 1408 | - | park where the landlord has violated any provision of this article 12 has a | |
| 1409 | - | private civil right of, A RESIDENT, AN ASSOCIATION OF HOME OWNERS , OR A | |
| 1410 | - | LANDLORD OR THE ASSIGNEE OF A HOME OWNER | |
| 1411 | - | , A RESIDENT, AN | |
| 1412 | - | ASSOCIATION OF HOME OWNERS | |
| 1413 | - | , OR A LANDLORD MAY FILE A CIVIL action | |
| 1414 | - | PAGE 30-HOUSE BILL 22-1287 against the landlord ALLEGING A VIOLATION OF A RENTAL AGREEMENT OR OF | |
| 1415 | - | ANY PROVISION OF THIS ARTICLE | |
| 1416 | - | 12. | |
| 1417 | - | (2) In any such action, except as described in section 38-12-105 (4): | |
| 1418 | - | the home owner is entitled to actual economic damages and reasonableattorney fees and costs if the home owner is successful in the action. | |
| 1419 | - | (a) A COURT MAY AWARD ECONOMIC DAMAGES , ANY PENALTIES | |
| 1420 | - | AUTHORIZED BY THIS ARTICLE | |
| 1421 | - | 12, AND SUCH EQUITABLE AND INJUNCTIVE | |
| 1422 | - | RELIEF AS IS APPROPRIATE TO PROTECT THE RIGHTS OF THE PARTIES | |
| 1423 | - | ; | |
| 1424 | - | (b) A | |
| 1425 | - | COURT MAY AWARD REASONABLE ATTORNEY FEES AND COSTS | |
| 1426 | - | TO A PREVAILING PARTY | |
| 1427 | - | ; EXCEPT THAT, IN AN ACTION BROUGHT BY A | |
| 1428 | - | RESIDENT | |
| 1429 | - | , A HOME OWNER, OR AN ASSOCIATION OF HOME OWNERS A COURT | |
| 1430 | - | SHALL NOT | |
| 1431 | - | : | |
| 1432 | - | (I) A | |
| 1433 | - | WARD ATTORNEY FEES TO A LANDLORD UNLESS THE COURT | |
| 1434 | - | FINDS THAT THE RESIDENT | |
| 1435 | - | , A HOME OWNER, OR AN ASSOCIATION OF HOME | |
| 1436 | - | OWNERS FILED A COMPLAINT THAT WAS FRIVOLOUS | |
| 1437 | - | , NOTWITHSTANDING ANY | |
| 1438 | - | AGREEMENT TO THE CONTRARY | |
| 1439 | - | ; OR | |
| 1440 | - | (II) REQUIRE A BOND TO BE PAID INTO THE COURT AS A CONDITION | |
| 1441 | - | OF FILING THE SUIT | |
| 1442 | - | . | |
| 1443 | - | (3) I | |
| 1444 | - | N AN ACTION ALLEGING A VIOLATION OF SECTION 38-12-217: | |
| 1445 | - | (a) A | |
| 1446 | - | COURT MAY ISSUE AN ORDER SUSPENDING THE | |
| 1447 | - | ONE | |
| 1448 | - | -HUNDRED-TWENTY-DAY PERIODS DESCRIBED IN SECTION 38-12-217 | |
| 1449 | - | (4)(a) | |
| 1450 | - | AND (6)(b), STAYING OR CANCELING THE CLOSING OF ANY PENDING | |
| 1451 | - | TRANSACTION | |
| 1452 | - | , OR PROVIDING SUCH OTHER EQUITABLE RELIEF AS THE COURT | |
| 1453 | - | DEEMS NECESSARY TO PROTECT THE RIGHTS OF THE HOME OWNERS UNDER | |
| 1454 | - | SECTION | |
| 1455 | - | 38-12-217. | |
| 1456 | - | (b) I | |
| 1457 | - | F THE COURT FINDS THE LANDLORD VIOLATED SECTION | |
| 1458 | - | 38-12-217, IN ADDITION TO ALL OTHER REMEDIES, THE COURT SHALL AWARD | |
| 1459 | - | A STATUTORY PENALTY OF NO LESS THAN TWENTY THOUSAND DOLLARS BUT | |
| 1460 | - | NO MORE THAN THE DOLLAR AMOUNT CALCULATED TO BE THIRTY PERCENT | |
| 1461 | - | OF THE PURCHASE OR LISTING PRICE OF THE PARK | |
| 1462 | - | . THE PENALTY | |
| 1463 | - | AUTHORIZED BY THIS SUBSECTION | |
| 1464 | - | (3)(b) IS IN ADDITION TO ANY FINE OR | |
| 1465 | - | PENALTY IMPOSED BY OR AWARDED TO THE DIVISION OF HOUSING UNDER | |
| 1466 | - | PAGE 31-HOUSE BILL 22-1287 SECTION 38-12-217 (15). | |
| 1468 | + | FFERS TO PURCHASE AND PROPOSED PURCHASE AND SALE23 | |
| 1469 | + | AGREEMENTS SUBMITTED TO THE LANDLORD BY A GROUP OR ASSOCIATION24 | |
| 1470 | + | OF HOME OWNERS OR THEIR ASSIGNEES PURSUANT TO SECTION 38-12-21725 | |
| 1471 | + | (4);26 | |
| 1472 | + | (e) R | |
| 1473 | + | EQUESTS FOR INFORMATION FROM A GROUP OR ASSOCIATION27 | |
| 1474 | + | 1287 | |
| 1475 | + | -43- OF HOME OWNERS OR THEIR ASSIGNEES PARTICIPATING IN THE1 | |
| 1476 | + | OPPORTUNITY TO PURCHASE AND THE LANDLORD 'S RESPONSES TO THE2 | |
| 1477 | + | REQUESTS FOR INFORMATION PURSUANT TO SECTION 38-12-217 (5)(a);3 | |
| 1478 | + | AND4 | |
| 1479 | + | (f) O | |
| 1480 | + | FFERS TO PURCHASE AND ANY CONDITIONAL AND5 | |
| 1481 | + | UNCONDITIONAL PURCHASE AND SALE AGREEMENTS SUBMITTED BY THE6 | |
| 1482 | + | SUCCESSFUL PURCHASER OF THE MOBILE HOME PARK .7 | |
| 1483 | + | (3) U | |
| 1484 | + | PON THE SALE OR TRANSFER OF A MOBILE HOME PARK , THE8 | |
| 1485 | + | SELLER MUST TRANSFER ALL RECORDS MAINTAINED UNDER SUBSECTION9 | |
| 1486 | + | (1) | |
| 1487 | + | OF THIS SECTION TO THE NEW OWNER.10 | |
| 1467 | 1488 | (4) I | |
| 1468 | - | F A COURT DETERMINES THAT A LANDLORD VIOLATED SECTION | |
| 1469 | - | 38-12-204 (4) OR (5), IN ADDITION TO ALL OTHER REMEDIES , THE COURT | |
| 1470 | - | SHALL AWARD A STATUTORY PENALTY OF NO LESS THAN FIFTEEN THOUSAND | |
| 1471 | - | DOLLARS BUT NO MORE THAN FIFTY THOUSAND DOLLARS TO EACH | |
| 1472 | - | AGGRIEVED PARTY FOR EACH VIOLATION THAT OCCURRED | |
| 1473 | - | . | |
| 1474 | - | SECTION 19. In Colorado Revised Statutes, 38-12-222, amend (2) | |
| 1475 | - | and (3) as follows: | |
| 1476 | - | 38-12-222. Residents' right to privacy. (2) Unless otherwise | |
| 1477 | - | prohibited by law, the management has a right of entry to mobile home | |
| 1478 | - | space to fulfill the duties described in section 38-12-212.3 and to ensure | |
| 1479 | - | compliance with applicable codes, statutes, ordinances, and administrative | |
| 1480 | - | rules; the rental agreement; and the rules and regulations of the park. A | |
| 1481 | - | landlord shall not enter in a manner that interferes with a home owner's | |
| 1482 | - | RESIDENT'S peaceful enjoyment of the mobile home space, as described in | |
| 1483 | - | section 38-12-219 (1)(b), except in the case of an emergency. | |
| 1484 | - | (3) Except when posting notices that are required by law or by a | |
| 1485 | - | rental agreement, the management shall make a reasonable effort to notify | |
| 1486 | - | a home owner | |
| 1487 | - | RESIDENT of the management's intention to enter the mobile | |
| 1488 | - | home space at least forty-eight hours before entry. T | |
| 1489 | - | HE NOTIFICATION MUST | |
| 1490 | - | INCLUDE THE DATE AND APPROXIMATE TIME OF THE PLANNED ENTRY AND | |
| 1491 | - | MUST BE DELIVERED IN A MANNER THAT IS REASONABLY LIKELY TO BE SEEN | |
| 1492 | - | OR HEARD BY THE RESIDENT IN A TIMELY MANNER | |
| 1493 | - | . | |
| 1494 | - | SECTION 20. In Colorado Revised Statutes, add 38-12-223 as | |
| 1495 | - | follows: | |
| 1496 | - | 38-12-223. Tenancy and park sale records. (1) A | |
| 1497 | - | LANDLORD | |
| 1498 | - | SHALL RETAIN RECORDS FOR EACH HOME OWNER AND RESIDENT | |
| 1499 | - | THROUGHOUT THE HOME OWNER | |
| 1500 | - | 'S OR RESIDENT'S TENANCY AND FOR | |
| 1501 | - | TWELVE MONTHS AFTER THE TENANCY ENDS | |
| 1502 | - | , INCLUDING DOCUMENTATION | |
| 1503 | - | OF | |
| 1504 | - | : | |
| 1505 | - | (a) E | |
| 1506 | - | ACH RENTAL AGREEMENT SIGNED BY THE HOME OWNER OR | |
| 1507 | - | RESIDENT AND THE CURRENT OR PREVIOUS LANDLORD | |
| 1508 | - | ; | |
| 1509 | - | PAGE 32-HOUSE BILL 22-1287 (b) THE DATE AND AMOUNT OF ANY CHANGE IN RENT DURING THE | |
| 1510 | - | HOME OWNER | |
| 1511 | - | 'S OR RESIDENT'S TENANCY; | |
| 1512 | - | (c) W | |
| 1513 | - | RITTEN RULES AND REGULATIONS ADOPTED BY THE CURRENT | |
| 1514 | - | OR PREVIOUS LANDLORD DURING THE HOME OWNER | |
| 1515 | - | 'S OR RESIDENT'S | |
| 1516 | - | TENANCY | |
| 1517 | - | ; | |
| 1518 | - | (d) E | |
| 1519 | - | ACH REQUEST FROM THE HOME OWNER OR RESIDENT RELATING | |
| 1520 | - | TO THE FOLLOWING | |
| 1521 | - | , INCLUDING WHETHER THE LANDLORD AT THE TIME | |
| 1522 | - | APPROVED OR DISAPPROVED EACH REQUEST | |
| 1523 | - | : | |
| 1524 | - | (I) G | |
| 1525 | - | UESTS, ROOMMATES, OCCUPANTS, CO-LESSEES, OR SUB-LESSEES; | |
| 1526 | - | (II) P | |
| 1527 | - | ETS OR SERVICE ANIMALS; | |
| 1528 | - | (III) A | |
| 1529 | - | CCESSORY BUILDINGS OR STRUCTURES , INCLUDING SHEDS AND | |
| 1530 | - | CARPORTS | |
| 1531 | - | ; | |
| 1532 | - | (IV) D | |
| 1533 | - | ECKS, FENCES, WHEELCHAIR RAMPS, OR OTHER STRUCTURAL | |
| 1534 | - | CHANGES TO THE HOME OR LOT | |
| 1535 | - | ; AND | |
| 1536 | - | (V) USE OF PROPERTY RELATED TO PARKING OF VEHICLES AND USE | |
| 1537 | - | OF VEHICLES | |
| 1538 | - | . | |
| 1539 | - | (2) A | |
| 1540 | - | LANDLORD WHO IS SELLING OR TRANSFERRING A MOBILE HOME | |
| 1541 | - | PARK SHALL MAINTAIN ALL RECORDS RELATED TO COMPLIANCE WITH | |
| 1542 | - | SECTION | |
| 1543 | - | 38-12-217 FOR A MINIMUM OF FORTY-EIGHT MONTHS AFTER ANY | |
| 1544 | - | SALE OR TRANSFER OF A MOBILE HOME PARK IS COMPLETE | |
| 1545 | - | , INCLUDING BUT | |
| 1546 | - | NOT LIMITED TO | |
| 1547 | - | : | |
| 1548 | - | (a) N | |
| 1549 | - | OTICES MAILED OR GIVEN TO HOME OWNERS PURSUANT TO | |
| 1550 | - | SECTION | |
| 1551 | - | 38-12-217 (1) AND (2); | |
| 1552 | - | (b) P | |
| 1553 | - | OSTINGS PURSUANT TO SECTION 38-12-217 (1)(c), INCLUDING | |
| 1554 | - | ANY FORMS FOR HOME OWNERS TO PROVIDE NOTICE THAT THEY DO NOT WISH | |
| 1555 | - | TO PARTICIPATE IN EFFORTS TO PURCHASE THE COMMUNITY | |
| 1556 | - | ; | |
| 1557 | - | (c) S | |
| 1558 | - | IGNED WRITINGS PROVIDED BY HOME OWNERS TO THE PARK | |
| 1559 | - | OWNER DECLINING TO PARTICIPATE IN PURCHASING THE PARK PURSUANT TO | |
| 1560 | - | SECTION | |
| 1561 | - | 38-12-217 (1)(c); | |
| 1562 | - | PAGE 33-HOUSE BILL 22-1287 (d) OFFERS TO PURCHASE AND PROPOSED PURCHASE AND SALE | |
| 1563 | - | AGREEMENTS SUBMITTED TO THE LANDLORD BY A GROUP OR ASSOCIATION | |
| 1564 | - | OF HOME OWNERS OR THEIR ASSIGNEES PURSUANT TO SECTION | |
| 1565 | - | 38-12-217 | |
| 1566 | - | (4); | |
| 1567 | - | (e) R | |
| 1568 | - | EQUESTS FOR INFORMATION FROM A GROUP OR ASSOCIATION OF | |
| 1569 | - | HOME OWNERS OR THEIR ASSIGNEES PARTICIPATING IN THE OPPORTUNITY TO | |
| 1570 | - | PURCHASE AND THE LANDLORD | |
| 1571 | - | 'S RESPONSES TO THE REQUESTS FOR | |
| 1572 | - | INFORMATION PURSUANT TO SECTION | |
| 1573 | - | 38-12-217 (5)(a); AND | |
| 1574 | - | (f) OFFERS TO PURCHASE AND ANY CONDITIONAL AND | |
| 1575 | - | UNCONDITIONAL PURCHASE AND SALE AGREEMENTS SUBMITTED BY THE | |
| 1576 | - | SUCCESSFUL PURCHASER OF THE MOBILE HOME PARK | |
| 1577 | - | . | |
| 1578 | - | (3) U | |
| 1579 | - | PON THE SALE OR TRANSFER OF A MOBILE HOME PARK , THE | |
| 1580 | - | SELLER MUST TRANSFER ALL RECORDS MAINTAINED UNDER SUBSECTION | |
| 1581 | - | (1) | |
| 1582 | - | OF THIS SECTION TO THE NEW OWNER. | |
| 1583 | - | (4) I | |
| 1584 | - | F AN ISSUE ARISES AS TO A RESIDENT'S RIGHT TO ANY OF THE | |
| 1585 | - | MATTERS DESCRIBED IN SUBSECTION | |
| 1586 | - | (1)(c) OR (2) OF THIS SECTION AND THE | |
| 1587 | - | LANDLORD HAS NOT RETAINED ADEQUATE RECORDS FOR THAT RESIDENT | |
| 1588 | - | , | |
| 1589 | - | THE LANDLORD SHALL BE PRESUMED TO HAVE VIOLATED THIS PART 2 UNLESS | |
| 1590 | - | THE LANDLORD DEMONSTRATES COMPLIANCE BY A PREPONDERANCE OF THE | |
| 1591 | - | EVIDENCE | |
| 1592 | - | . | |
| 1489 | + | F AN ISSUE ARISES AS TO A RESIDENT'S RIGHT TO ANY OF THE11 | |
| 1490 | + | MATTERS DESCRIBED IN SUBSECTION (1)(c) OR (2) OF THIS SECTION AND12 | |
| 1491 | + | THE LANDLORD HAS NOT RETAINED ADEQUATE RECORDS FOR THAT13 | |
| 1492 | + | RESIDENT, THE LANDLORD SHALL BE PRESUMED TO HAVE VIOLATED THIS14 | |
| 1493 | + | PART 2 UNLESS THE LANDLORD DEMONSTRATES COMPLIANCE BY A15 | |
| 1494 | + | PREPONDERANCE OF THE EVIDENCE .16 | |
| 1593 | 1495 | (5) T | |
| 1594 | - | HE DIVISION MAY PROMULGATE RULES CONCERNING THE | |
| 1595 | - | IMPLEMENTATION OF THIS SECTION | |
| 1596 | - | , INCLUDING REQUIREMENTS | |
| 1597 | - | CONCERNING | |
| 1598 | - | : | |
| 1496 | + | HE DIVISION MAY PROMULGATE RULES CONCERNING THE17 | |
| 1497 | + | IMPLEMENTATION OF THIS SECTION , INCLUDING REQUIREMENTS18 | |
| 1498 | + | CONCERNING:19 | |
| 1599 | 1499 | (a) H | |
| 1600 | - | OW A PERSON MAY ACCESS OR OBTAIN COPIES OF RECORDS | |
| 1601 | - | RETAINED PURSUANT TO THIS SECTION AND ANY RESTRICTIONS ON WHO MAY | |
| 1602 | - | ACCESS RECORDS RETAINED PURSUANT TO THIS SECTION | |
| 1603 | - | ; | |
| 1500 | + | OW A PERSON MAY ACCESS OR OBTAIN COPIES OF RECORDS20 | |
| 1501 | + | RETAINED PURSUANT TO THIS SECTION AND ANY RESTRICTIONS ON WHO21 | |
| 1502 | + | MAY ACCESS RECORDS RETAINED PURSUANT TO THIS SECTION ;22 | |
| 1604 | 1503 | (b) W | |
| 1605 | - | HAT FEES OR COSTS, IF ANY, MAY BE IMPOSED FOR OBTAINING | |
| 1606 | - | COPIES OF RECORDS RETAINED PURSUANT TO THIS SECTION | |
| 1607 | - | ; | |
| 1504 | + | HAT FEES OR COSTS, IF ANY, MAY BE IMPOSED FOR OBTAINING23 | |
| 1505 | + | COPIES OF RECORDS RETAINED PURSUANT TO THIS SECTION ;24 | |
| 1608 | 1506 | (c) C | |
| 1609 | - | ONFIDENTIALITY PROTECTIONS FOR PERSONALLY IDENTIFYING | |
| 1610 | - | INFORMATION INCLUDED IN RECORDS RETAINED PURSUANT TO THIS SECTION | |
| 1611 | - | ; | |
| 1612 | - | (d) S | |
| 1613 | - | ECURE DESTRUCTION OF RECORDS ONCE THE PERIOD OF | |
| 1614 | - | PAGE 34-HOUSE BILL 22-1287 RETENTION HAS PASSED; AND | |
| 1615 | - | (e) PENALTIES FOR VIOLATIONS OF THIS SECTION. | |
| 1507 | + | ONFIDENTIALITY PROTECTIONS FOR PERSONALLY IDENTIFYING25 | |
| 1508 | + | INFORMATION INCLUDED IN RECORDS RETAINED PURSUANT TO THIS26 | |
| 1509 | + | SECTION;27 | |
| 1510 | + | 1287 | |
| 1511 | + | -44- (d) SECURE DESTRUCTION OF RECORDS ONCE THE PERIOD OF1 | |
| 1512 | + | RETENTION HAS PASSED; AND2 | |
| 1513 | + | (e) P | |
| 1514 | + | ENALTIES FOR VIOLATIONS OF THIS SECTION.3 | |
| 1616 | 1515 | (6) I | |
| 1617 | - | F A CURRENT OR FORMER MANAGEMENT OR LANDLORD VIOLATES | |
| 1618 | - | THIS SECTION | |
| 1619 | - | , A HOME OWNER MAY FILE A COMPLAINT PURSUANT TO | |
| 1620 | - | SECTION | |
| 1621 | - | 38-12-1105. ON AND AFTER JULY 1, 2024, OR EARLIER IF ALLOWED | |
| 1622 | - | BY THE DIVISION | |
| 1623 | - | , A RESIDENT WHO DOES NOT OWN A MOBILE HOME IN THE | |
| 1624 | - | PARK | |
| 1625 | - | , A LOCAL GOVERNMENT , OR A NONPROFIT MAY FILE SUCH A | |
| 1626 | - | COMPLAINT | |
| 1627 | - | . | |
| 1628 | - | SECTION 21. In Colorado Revised Statutes, 38-12-1102, amend | |
| 1629 | - | (1)(c) and (2); and add (1)(d) as follows: | |
| 1630 | - | 38-12-1102. Legislative declaration. (1) The general assembly | |
| 1631 | - | hereby finds and declares that: | |
| 1632 | - | (c) Taking legal action against a mobile home park landlord for | |
| 1633 | - | violations of the "Mobile Home Park Act" can be a costly and lengthy | |
| 1516 | + | F A | |
| 1517 | + | CURRENT OR FORMER MANAGEMENT OR LANDLORD4 | |
| 1518 | + | VIOLATES THIS SECTION, A HOME OWNER MAY FILE A COMPLAINT5 | |
| 1519 | + | PURSUANT TO SECTION 38-12-1105. ON AND AFTER JULY 1, 2024, OR6 | |
| 1520 | + | EARLIER IF ALLOWED BY THE DIVISION, A RESIDENT WHO DOES NOT OWN7 | |
| 1521 | + | A MOBILE HOME IN THE PARK, A LOCAL GOVERNMENT, OR A NONPROFIT8 | |
| 1522 | + | MAY FILE SUCH A COMPLAINT.9 | |
| 1523 | + | SECTION 21. In Colorado Revised Statutes, 38-12-1102, amend10 | |
| 1524 | + | (1)(c) and (2); and add (1)(d) as follows:11 | |
| 1525 | + | 38-12-1102. Legislative declaration. (1) The general assembly12 | |
| 1526 | + | hereby finds and declares that:13 | |
| 1527 | + | (c) Taking legal action against a mobile home park landlord for14 | |
| 1528 | + | violations of the "Mobile Home Park Act" can be a costly and lengthy15 | |
| 1634 | 1529 | process | |
| 1635 | - | THAT IS NOT TIMELY ENOUGH TO PREVENT SIGNIFICANT HARM , | |
| 1530 | + | THAT IS NOT TIMELY ENOUGH TO PREVENT SIGNIFICANT HARM , and16 | |
| 1636 | 1531 | many mobile home owners | |
| 1637 | - | AND RESIDENTS cannot afford to pursue a court | |
| 1638 | - | process to vindicate statutory rights. Mobile home park landlords will also | |
| 1639 | - | benefit by having access to a process that resolves disputes quickly and | |
| 1640 | - | efficiently. | |
| 1532 | + | AND RESIDENTS | |
| 1533 | + | cannot afford to pursue a17 | |
| 1534 | + | court process to vindicate statutory rights. Mobile home park landlords18 | |
| 1535 | + | will also benefit by having access to a process that resolves disputes19 | |
| 1536 | + | quickly and efficiently.20 | |
| 1641 | 1537 | (d) C | |
| 1642 | - | ERTAIN ACTIONS BY MOBILE HOME PARK LANDLORDS MAY | |
| 1643 | - | CAUSE IMMINENT HARM TO MOBILE HOME PARK RESIDENTS | |
| 1644 | - | . | |
| 1645 | - | (2) Therefore, it is the intent of the general assembly to provide an | |
| 1646 | - | equitable as well as a less costly and more | |
| 1647 | - | TIMELY AND efficient way for | |
| 1648 | - | mobile home owners, | |
| 1649 | - | MOBILE HOME PARK RESIDENTS , and mobile home | |
| 1650 | - | park landlords to resolve disputes; and | |
| 1651 | - | to provide a mechanism for state | |
| 1652 | - | authorities to quickly locate mobile home park landlords; | |
| 1653 | - | AND TO GRANT | |
| 1654 | - | THE DIVISION OF HOUSING THE AUTHORITY TO ISSUE CEASE AND DESIST | |
| 1655 | - | ORDERS TO STOP ACTIONS BY LANDLORDS THAT POSE THE POTENTIAL FOR | |
| 1656 | - | IMMINENT HARM | |
| 1657 | - | . | |
| 1658 | - | SECTION 22. In Colorado Revised Statutes, 38-12-1103, amend | |
| 1659 | - | (2) and (7); and add (8) as follows: | |
| 1660 | - | PAGE 35-HOUSE BILL 22-1287 38-12-1103. Definitions. As used in this part 11, unless the context | |
| 1661 | - | otherwise requires: | |
| 1662 | - | (2) (a) "Complainant" means a landlord, or home owner, OR GROUP | |
| 1663 | - | OF HOME OWNERS | |
| 1664 | - | who has filed a complaint alleging a violation of the act, | |
| 1665 | - | THIS PART 11, OR A RULE or the complainant's agent, employee, or | |
| 1666 | - | representative authorized to act on the complainant's behalf. | |
| 1538 | + | ERTAIN ACTIONS BY MOBILE HOME PARK LANDLORDS MAY21 | |
| 1539 | + | CAUSE IMMINENT HARM TO MOBILE HOME PARK RESIDENTS .22 | |
| 1540 | + | (2) Therefore, it is the intent of the general assembly to provide23 | |
| 1541 | + | an equitable as well as a less costly and more | |
| 1542 | + | TIMELY AND efficient way24 | |
| 1543 | + | for mobile home owners, | |
| 1544 | + | MOBILE HOME PARK RESIDENTS , | |
| 1545 | + | and mobile25 | |
| 1546 | + | home park landlords to resolve disputes; and to provide a mechanism for26 | |
| 1547 | + | state authorities to quickly locate mobile home park landlords; | |
| 1548 | + | AND TO27 | |
| 1549 | + | 1287 | |
| 1550 | + | -45- GRANT THE DIVISION OF HOUSING THE AUTHORITY TO ISSUE CEASE AND1 | |
| 1551 | + | DESIST ORDERS TO STOP ACTIONS BY LANDLORDS THAT POSE THE2 | |
| 1552 | + | POTENTIAL FOR IMMINENT HARM .3 | |
| 1553 | + | SECTION 22. In Colorado Revised Statutes, 38-12-1103, amend4 | |
| 1554 | + | (2) and (7); and add (8) as follows:5 | |
| 1555 | + | 38-12-1103. Definitions. As used in this part 11, unless the6 | |
| 1556 | + | context otherwise requires:7 | |
| 1557 | + | (2) (a) "Complainant" means a landlord, or home owner, OR8 | |
| 1558 | + | GROUP OF HOME OWNERS who has filed a complaint alleging a violation9 | |
| 1559 | + | of the act, | |
| 1560 | + | THIS PART 11, OR A RULE or the complainant's agent, employee,10 | |
| 1561 | + | or representative authorized to act on the complainant's behalf.11 | |
| 1667 | 1562 | (b) O | |
| 1668 | 1563 | N AND AFTER JULY 1, 2024, OR EARLIER IF ALLOWED BY THE | |
| 1669 | - | DIVISION | |
| 1670 | - | , "COMPLAINANT" ALSO INCLUDES A RESIDENT , LOCAL | |
| 1671 | - | GOVERNMENT | |
| 1672 | - | , OR NONPROFIT WHO HAS FILED A COMPLAINT ALLEGING A | |
| 1673 | - | VIOLATION OF THE ACT | |
| 1674 | - | , THIS PART 11, OR A RULE. | |
| 1564 | + | 12 | |
| 1565 | + | DIVISION, "COMPLAINANT" ALSO INCLUDES A RESIDENT , LOCAL13 | |
| 1566 | + | GOVERNMENT, OR NONPROFIT WHO HAS FILED A COMPLAINT ALLEGING A14 | |
| 1567 | + | VIOLATION OF THE ACT, THIS PART 11, OR A RULE.15 | |
| 1568 | + | 16 | |
| 1675 | 1569 | (7) "Respondent" means a landlord, | |
| 1676 | - | FORMER LANDLORD, or | |
| 1570 | + | FORMER LANDLORD, or home17 | |
| 1677 | 1571 | owner alleged to have committed a violation of the act, | |
| 1678 | - | THIS PART 11, OR A | |
| 1679 | - | RULE | |
| 1680 | - | or the respondent's agent, employee, or representative authorized to | |
| 1681 | - | act on the respondent's behalf. | |
| 1572 | + | THIS PART 11, OR18 | |
| 1573 | + | A RULE or the respondent's agent, employee, or representative authorized19 | |
| 1574 | + | to act on the respondent's behalf.20 | |
| 1682 | 1575 | (8) "R | |
| 1683 | - | ULE" MEANS A RULE PROMULGATED BY THE DIVISION | |
| 1684 | - | PURSUANT TO THE ACT OR THIS PART | |
| 1685 | - | 11. | |
| 1686 | - | SECTION 23. In Colorado Revised Statutes, 38-12-1104, amend | |
| 1687 | - | (2)(a), (2)(g), and (2)(h); and add (4) as follows: | |
| 1688 | - | 38-12-1104. Dispute resolution program - creation - division of | |
| 1689 | - | housing - duties - report - rules. (2) The division shall: | |
| 1690 | - | (a) Produce educational materials regarding the act and the program. | |
| 1691 | - | These materials must be in both English and Spanish and must include a | |
| 1692 | - | notice in a format that a landlord can reasonably post in a mobile home | |
| 1693 | - | park. The notice must summarize home owner | |
| 1694 | - | AND RESIDENT rights and | |
| 1695 | - | responsibilities | |
| 1696 | - | UNDER THE ACT AND THIS PART 11, provide information on | |
| 1697 | - | how to file a complaint with the division, describe the protections afforded | |
| 1698 | - | home owners | |
| 1699 | - | under section 38-12-1105 (13), and provide a toll-free | |
| 1700 | - | telephone number and website that landlords, and home owners, AND | |
| 1701 | - | RESIDENTS | |
| 1702 | - | can use to seek additional information and communicate | |
| 1703 | - | complaints specific to the program; | |
| 1704 | - | (g) Provide an annual report to the transportation and local | |
| 1705 | - | government committee of the house of representatives, or its successor | |
| 1706 | - | PAGE 36-HOUSE BILL 22-1287 committee, AND the local government committee of the senate, or its | |
| 1707 | - | successor committee, and to the department of regulatory agencies, and | |
| 1708 | - | publish that annual report on the division's official website; | |
| 1576 | + | ULE" MEANS A RULE PROMULGATED BY THE DIVISION21 | |
| 1577 | + | PURSUANT TO THE ACT OR THIS PART 11.22 | |
| 1578 | + | SECTION 23. In Colorado Revised Statutes, 38-12-1104, amend23 | |
| 1579 | + | (2)(a), (2)(g), and (2)(h); and add (4) as follows:24 | |
| 1580 | + | 38-12-1104. Dispute resolution program - creation - division25 | |
| 1581 | + | of housing - duties - report - rules. (2) The division shall:26 | |
| 1582 | + | (a) Produce educational materials regarding the act and the27 | |
| 1583 | + | 1287 | |
| 1584 | + | -46- program. These materials must be in both English and Spanish and must1 | |
| 1585 | + | include a notice in a format that a landlord can reasonably post in a2 | |
| 1586 | + | mobile home park. The notice must summarize home owner | |
| 1587 | + | AND | |
| 1588 | + | 3 | |
| 1589 | + | RESIDENT rights and responsibilities UNDER THE ACT AND THIS PART4 | |
| 1590 | + | 11, provide information on how to file a complaint with the division,5 | |
| 1591 | + | describe the protections afforded home owners under section 38-12-11056 | |
| 1592 | + | (13), and provide a toll-free telephone number and website that landlords,7 | |
| 1593 | + | and home owners, AND RESIDENTS can use to seek additional information8 | |
| 1594 | + | and communicate complaints specific to the program;9 | |
| 1595 | + | (g) Provide an annual report to the transportation and local10 | |
| 1596 | + | government committee of the house of representatives, or its successor11 | |
| 1597 | + | committee, AND the local government committee of the senate, or its12 | |
| 1598 | + | successor committee, and to the department of regulatory agencies, and13 | |
| 1599 | + | publish that annual report on the division's official website;14 | |
| 1709 | 1600 | (h) Receive complaints and perform dispute resolution | |
| 1710 | - | AND | |
| 1711 | - | ENFORCEMENT | |
| 1712 | - | activities related to the program, including investigations, | |
| 1601 | + | AND15 | |
| 1602 | + | ENFORCEMENT activities related to the program, including investigations,16 | |
| 1713 | 1603 | negotiations, | |
| 1714 | - | COMMUNICATIONS, determinations of violations, AWARDS | |
| 1715 | - | DAMAGES | |
| 1716 | - | ||
| 1604 | + | COMMUNICATIONS, determinations of violations, AWARDS OF17 | |
| 1605 | + | DAMAGES, and imposition of penalties as described in section18 | |
| 1606 | + | 38-12-1105; 19 | |
| 1717 | 1607 | (4) T | |
| 1718 | - | HE ATTORNEY GENERAL MAY , AT THE ATTORNEY GENERAL 'S | |
| 1719 | - | DISCRETION | |
| 1720 | - | , INVESTIGATE AND ENFORCE COMPLIANCE WITH THE ACT AND | |
| 1721 | - | THIS PART | |
| 1722 | - | 11. | |
| 1723 | - | SECTION 24. In Colorado Revised Statutes, 38-12-1105, amend | |
| 1724 | - | (1), (2), (3)(a), (4), (7)(a)(II), (7)(a)(III), (7)(b), (10), (12), and (13); and | |
| 1725 | - | add (3)(c), (6.5), and (15) as follows: | |
| 1726 | - | 38-12-1105. Dispute resolution program - complaint process. | |
| 1727 | - | (1) Beginning on June 30, 2020, | |
| 1728 | - | Any aggrieved party may file a complaint | |
| 1729 | - | with the division | |
| 1730 | - | ON A FORM PRESCRIBED BY THE DIVISION alleging a | |
| 1731 | - | violation of the act, or | |
| 1732 | - | this part 11, OR A RULE, regardless of whether the | |
| 1733 | - | provision allegedly violated contains a specific reference to this section. | |
| 1734 | - | (2) After receiving a complaint under this part 11, the division shall | |
| 1735 | - | investigate the alleged violations at the division's discretion. and, THE | |
| 1736 | - | DIVISION MAY | |
| 1737 | - | , if appropriate, facilitate negotiations between the | |
| 1608 | + | HE ATTORNEY GENERAL MAY , AT THE ATTORNEY GENERAL'S20 | |
| 1609 | + | DISCRETION, INVESTIGATE AND ENFORCE COMPLIANCE WITH THE ACT AND21 | |
| 1610 | + | THIS PART 11.22 | |
| 1611 | + | SECTION 24. In Colorado Revised Statutes, 38-12-1105, amend23 | |
| 1612 | + | (1), (2), (3)(a), (4), (7)(a)(II), (7)(a)(III), (7)(b), (10), (12), | |
| 1613 | + | and (13);24 | |
| 1614 | + | and add (3)(c), (6.5), and (15) as follows:25 | |
| 1615 | + | 38-12-1105. Dispute resolution program - complaint process.26 | |
| 1616 | + | (1) Beginning on June 30, 2020, Any aggrieved party may file a27 | |
| 1617 | + | 1287 | |
| 1618 | + | -47- complaint with the division ON A FORM PRESCRIBED BY THE DIVISION1 | |
| 1619 | + | alleging a violation of the act, or this part 11, OR A RULE, regardless of2 | |
| 1620 | + | whether the provision allegedly violated contains a specific reference to3 | |
| 1621 | + | this section.4 | |
| 1622 | + | 5 | |
| 1623 | + | (2) After receiving a complaint under this part 11, the division6 | |
| 1624 | + | shall investigate the alleged violations at the division's discretion. and,7 | |
| 1625 | + | T | |
| 1626 | + | HE DIVISION MAY, if appropriate, facilitate negotiations between the8 | |
| 1738 | 1627 | complainant and the respondent. T | |
| 1739 | - | HE DIVISION MAY ON ITS OWN INITIATIVE | |
| 1740 | - | INVESTIGATE POTENTIAL VIOLATIONS OF THE ACT | |
| 1741 | - | , THIS PART 11, OR A RULE | |
| 1742 | - | WHEN IT RECEIVES EVIDENCE OF A POTENTIAL VIOLATION FROM A SOURCE | |
| 1743 | - | OTHER THAN A FILED COMPLAINT AND MAY MAKE DETERMINATIONS AND | |
| 1744 | - | TAKE ENFORCEMENT ACTIONS PURSUANT TO THIS SECTION FOLLOWING SUCH | |
| 1745 | - | AN INVESTIGATION | |
| 1746 | - | . | |
| 1747 | - | (3) (a) Complainants and respondents shall cooperate with the | |
| 1748 | - | division in the course of an investigation by responding to subpoenas issued | |
| 1749 | - | by the division. The subpoenas may | |
| 1750 | - | COMPEL TESTIMONY, TAKE EVIDENCE, | |
| 1751 | - | OR seek access to papers or other documents and provide site access to the | |
| 1752 | - | mobile home parks relevant to the investigation. Complainants and | |
| 1753 | - | respondents must respond to the division's subpoenas within fourteen days | |
| 1754 | - | of the division sending the subpoenas by certified mail. | |
| 1755 | - | PAGE 37-HOUSE BILL 22-1287 (c) IF A COMPLAINANT OR RESPONDENT FAILS TO RESPOND TO A | |
| 1756 | - | SUBPOENA WITHIN THE TIME REQUIRED BY SUBSECTION | |
| 1757 | - | (3)(a) OF THIS | |
| 1758 | - | SECTION | |
| 1759 | - | , THE DIVISION MAY IMPOSE A PENALTY OF UP TO FIVE THOUSAND | |
| 1760 | - | DOLLARS PER VIOLATION PER DAY FOR EACH DAY THE COMPLAINANT OR | |
| 1761 | - | RESPONDENT FAILS TO RESPOND | |
| 1762 | - | . THE DIVISION MAY DELAY OR DISMISS THE | |
| 1763 | - | IMPOSITION OF THE PENALTY IF THE COMPLAINANT OR RESPONDENT MAKES | |
| 1764 | - | A GOOD | |
| 1765 | - | -FAITH EFFORT TO COMPLY WITHIN SEVEN DAYS . | |
| 1766 | - | (4) (a) If, after an investigation, the division determines that the | |
| 1628 | + | HE DIVISION MAY ON ITS OWN9 | |
| 1629 | + | INITIATIVE INVESTIGATE POTENTIAL VIOLATIONS OF THE ACT , THIS PART10 | |
| 1630 | + | 11, | |
| 1631 | + | OR A RULE WHEN IT RECEIVES EVIDENCE OF A POTENTIAL VIOLATION11 | |
| 1632 | + | FROM A SOURCE OTHER THAN A FILED COMPLAINT AND MAY MAKE12 | |
| 1633 | + | DETERMINATIONS AND TAKE ENFORCEME NT ACTIONS PURSUANT TO THIS13 | |
| 1634 | + | SECTION FOLLOWING SUCH AN INVESTIGATION .14 | |
| 1635 | + | 15 | |
| 1636 | + | (3) (a) Complainants and respondents shall cooperate with the16 | |
| 1637 | + | division in the course of an investigation by responding to subpoenas17 | |
| 1638 | + | issued by the division. The subpoenas may | |
| 1639 | + | COMPEL TESTIMONY, TAKE18 | |
| 1640 | + | EVIDENCE, OR seek access to papers or other documents and provide site19 | |
| 1641 | + | access to the mobile home parks relevant to the investigation.20 | |
| 1642 | + | Complainants and respondents must respond to the division's subpoenas21 | |
| 1643 | + | within fourteen days of the division sending the subpoenas by certified22 | |
| 1644 | + | mail.23 | |
| 1645 | + | (c) I | |
| 1646 | + | F A COMPLAINANT OR RESPONDENT FAILS TO RESPOND TO A24 | |
| 1647 | + | SUBPOENA WITHIN THE TIME REQUIRED BY SUBSECTION (3)(a) OF THIS25 | |
| 1648 | + | SECTION, THE DIVISION MAY IMPOSE A PENALTY OF UP TO FIVE THOUSAND26 | |
| 1649 | + | DOLLARS PER VIOLATION PER DAY FOR EACH DAY THE COMPLAINANT OR27 | |
| 1650 | + | 1287 | |
| 1651 | + | -48- RESPONDENT FAILS TO RESPOND . THE DIVISION MAY DELAY OR DISMISS1 | |
| 1652 | + | THE IMPOSITION OF THE PENALTY IF THE COMPLAINANT OR RESPONDENT2 | |
| 1653 | + | MAKES A GOOD-FAITH EFFORT TO COMPLY WITHIN SEVEN DAYS .3 | |
| 1654 | + | (4) (a) If, after an investigation, the division determines that the4 | |
| 1767 | 1655 | parties are unable to come to an agreement | |
| 1768 | - | OR THAT FACILITATING | |
| 1769 | - | NEGOTIATIONS BETWEEN THE PARTIES IS NOT APPROPRIATE TO RESOLVE THE | |
| 1770 | - | ALLEGED VIOLATION | |
| 1771 | - | , the division shall make a written determination on | |
| 1772 | - | whether a violation of the act, | |
| 1773 | - | THIS PART 11, OR A RULE has occurred. | |
| 1774 | - | (b) If the division finds by a written determination that a violation | |
| 1656 | + | OR THAT FACILITATING5 | |
| 1657 | + | NEGOTIATIONS BETWEEN THE PARTIES IS NOT APPROPRIATE TO RESOLVE6 | |
| 1658 | + | THE ALLEGED VIOLATION, the division shall make a written determination7 | |
| 1659 | + | on whether a violation of the act, | |
| 1660 | + | THIS PART 11, OR A RULE has occurred.8 | |
| 1661 | + | (b) If the division finds by a written determination that a violation9 | |
| 1775 | 1662 | of the act, | |
| 1776 | - | THIS PART 11, OR A RULE has occurred, the division | |
| 1777 | - | a written notice of violation by certified mail to both | |
| 1778 | - | the respondent. The notice of violation must specify | |
| 1779 | - | division's determination, the violation, the action required | |
| 1780 | - | violation, the time within which that action must be taken, | |
| 1781 | - | will be imposed if that action is not taken within | |
| 1782 | - | and the process for contesting the determination, | |
| 1783 | - | penalties by means of an administrative hearing. | |
| 1784 | - | (c) If the division finds by a written determination that a | |
| 1663 | + | THIS PART 11, OR A RULE has occurred, the division shall10 | |
| 1664 | + | deliver a written notice of violation by certified mail to both the11 | |
| 1665 | + | complainant and the respondent. The notice of violation must specify the12 | |
| 1666 | + | basis for the division's determination, the violation, the action required to13 | |
| 1667 | + | cure the violation, the time within which that action must be taken, the14 | |
| 1668 | + | penalties that will be imposed if that action is not taken within the15 | |
| 1669 | + | specified time period, and the process for contesting the determination,16 | |
| 1670 | + | required action, and penalties by means of an administrative hearing.17 | |
| 1671 | + | (c) If the division finds by a written determination that a violation18 | |
| 1785 | 1672 | of the act, | |
| 1786 | - | THIS PART 11, OR A RULE has not occurred, the division | |
| 1787 | - | deliver a written notice of nonviolation to both the complainant and | |
| 1788 | - | respondent by certified mail. The notice of nonviolation must include | |
| 1789 | - | basis for the division's determination and the process for contesting | |
| 1790 | - | determination included in the notice of nonviolation by means of | |
| 1791 | - | administrative hearing. | |
| 1673 | + | THIS PART 11, OR A RULE has not occurred, the division shall19 | |
| 1674 | + | deliver a written notice of nonviolation to both the complainant and the20 | |
| 1675 | + | respondent by certified mail. The notice of nonviolation must include the21 | |
| 1676 | + | basis for the division's determination and the process for contesting the22 | |
| 1677 | + | determination included in the notice of nonviolation by means of an23 | |
| 1678 | + | administrative hearing.24 | |
| 1792 | 1679 | (6.5) (a) W | |
| 1793 | - | HENEVER THE DIVISION HAS REASONABLE CAUSE TO | |
| 1794 | - | BELIEVE THAT A VIOLATION OF THE ACT | |
| 1795 | - | , THIS PART 11, OR A RULE HAS | |
| 1796 | - | OCCURRED OR WILL SOON OCCUR | |
| 1797 | - | , AND THAT IMMEDIATE ENFORCEMENT IS | |
| 1798 | - | NECESSARY | |
| 1799 | - | , THE DIVISION MAY IMMEDIATELY ISSUE A CEASE AND DESIST | |
| 1800 | - | ORDER | |
| 1801 | - | . A WRITTEN DETERMINATION AND NOTICE OF VIOLATION IS NOT | |
| 1802 | - | REQUIRED WHEN THE DIVISION ISSUES A CEASE AND DESIST ORDER PURSUANT | |
| 1803 | - | TO THIS SUBSECTION | |
| 1804 | - | (6.5). THE ORDER MUST SET FORTH THE PROVISIONS | |
| 1805 | - | ALLEGED TO HAVE BEEN VIOLATED | |
| 1806 | - | , THE FACTS ALLEGED TO HAVE | |
| 1807 | - | PAGE 38-HOUSE BILL 22-1287 CONSTITUTED THE VIOLATION, AND THE REQUIREMENT THAT ALL ACTIONS | |
| 1808 | - | IMMEDIATELY CEASE | |
| 1809 | - | . | |
| 1680 | + | HENEVER THE DIVISION HAS REASONABLE CAUSE TO25 | |
| 1681 | + | BELIEVE THAT A VIOLATION OF THE ACT , THIS PART 11, OR A RULE HAS26 | |
| 1682 | + | OCCURRED OR WILL SOON OCCUR , AND THAT IMMEDIATE ENFORCEMENT27 | |
| 1683 | + | 1287 | |
| 1684 | + | -49- IS NECESSARY, THE DIVISION MAY IMMEDIATELY ISSUE A CEASE AND1 | |
| 1685 | + | DESIST ORDER. A WRITTEN DETERMINATION AND NOTICE OF VIOLATION IS2 | |
| 1686 | + | NOT REQUIRED WHEN THE DIVISION ISSUES A CEASE AND DESIST ORDER3 | |
| 1687 | + | PURSUANT TO THIS SUBSECTION (6.5). THE ORDER MUST SET FORTH THE4 | |
| 1688 | + | PROVISIONS ALLEGED TO HAVE BEEN VIOLATED , THE FACTS ALLEGED TO5 | |
| 1689 | + | HAVE CONSTITUTED THE VIOLATION , AND THE REQUIREMENT THAT ALL6 | |
| 1690 | + | ACTIONS IMMEDIATELY CEASE .7 | |
| 1810 | 1691 | (b) W | |
| 1811 | - | ITHIN FIFTEEN BUSINESS DAYS AFTER SERVICE OF THE ORDER , | |
| 1812 | - | THE PERSON RECEIVING THE ORDER MAY REQUEST AN ADMINISTRATIVE | |
| 1813 | - | HEARING PURSUANT TO SUBSECTION | |
| 1814 | - | (7)(a) OF THIS SECTION TO DETERMINE | |
| 1815 | - | WHETHER OR NOT THE ALLEGED VIOLATION HAS OCCURRED | |
| 1816 | - | . | |
| 1692 | + | ITHIN FIFTEEN BUSINESS DAYS AFTER SERVICE OF THE ORDER,8 | |
| 1693 | + | THE PERSON RECEIVING THE ORDER MAY REQUEST AN ADMINISTRATIVE9 | |
| 1694 | + | HEARING PURSUANT TO SUBSECTION (7)(a) OF THIS SECTION TO10 | |
| 1695 | + | DETERMINE WHETHER OR NOT THE ALLEGED VIOLATION HAS OCCURRED .11 | |
| 1817 | 1696 | (c) I | |
| 1818 | - | F A PERSON WHO IS THE SUBJECT OF AN ORDER TO CEASE AND | |
| 1819 | - | DESIST FAILS TO COMPLY WITH THE ORDER WITHIN FORTY | |
| 1820 | - | -EIGHT HOURS, THE | |
| 1821 | - | DIVISION MAY BRING AN ACTION IN CIVIL COURT FOR A TEMPORARY | |
| 1822 | - | RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT FURTHER OR | |
| 1823 | - | CONTINUED VIOLATION OF THE ACT | |
| 1824 | - | , THIS PART 11, OR A RULE. A COURT | |
| 1825 | - | SHALL NOT STAY AN ORDER TO CEASE AND DESIST UNTIL AFTER HOLDING A | |
| 1826 | - | HEARING INVOLVING BOTH PARTIES ON THE MATTER | |
| 1827 | - | . | |
| 1828 | - | (7) (a) A complainant or respondent may request an administrative | |
| 1829 | - | hearing before an administrative law judge to contest: | |
| 1697 | + | F A PERSON WHO IS THE SUBJECT OF AN ORDER TO CEASE AND12 | |
| 1698 | + | DESIST FAILS TO COMPLY WITH THE ORDER WITHIN FORTY -EIGHT HOURS,13 | |
| 1699 | + | THE DIVISION MAY BRING AN ACTION IN CIVIL COURT FOR A TEMPORARY14 | |
| 1700 | + | RESTRAINING ORDER AND FOR INJUNCTIVE RELIEF TO PREVENT FURTHER15 | |
| 1701 | + | OR CONTINUED VIOLATION OF THE ACT, THIS PART 11, OR A RULE. A COURT16 | |
| 1702 | + | SHALL NOT STAY AN ORDER TO CEASE AND DESIST UNTIL AFTER HOLDING17 | |
| 1703 | + | A HEARING INVOLVING BOTH PARTIES ON THE MATTER .18 | |
| 1704 | + | (7) (a) A complainant or respondent may request an administrative19 | |
| 1705 | + | hearing before an administrative law judge to contest:20 | |
| 1830 | 1706 | (II) A penalty imposed under subsection (3) | |
| 1831 | - | OR (5) of this section; | |
| 1832 | - | ||
| 1833 | - | (III) An order to cease and desist or an order to take actions | |
| 1707 | + | OR (5) of this section;21 | |
| 1708 | + | or22 | |
| 1709 | + | (III) An order to cease and desist or an order to take actions under23 | |
| 1834 | 1710 | subsection (6) | |
| 1835 | - | OR (6.5) of this section. | |
| 1836 | - | (b) If the complainant or respondent requests an | |
| 1837 | - | hearing pursuant to subsection (7)(a) of this section, the complainant | |
| 1711 | + | OR (6.5) of this section.24 | |
| 1712 | + | (b) If the complainant or respondent requests an administrative25 | |
| 1713 | + | hearing pursuant to subsection (7)(a) of this section, the complainant or26 | |
| 1838 | 1714 | respondent must file the request within fifteen business days of receipt | |
| 1839 | - | ||
| 1840 | - | ||
| 1841 | - | ||
| 1842 | - | ||
| 1843 | - | ||
| 1844 | - | constitutes a final agency order of the division and | |
| 1845 | - | subject to review by any court or agency. | |
| 1846 | - | (10) When the division imposes any penalty against a | |
| 1847 | - | landlord under this part 11, the respondent may not seek any recovery | |
| 1848 | - | reimbursement of the penalty from a complainant or from any other | |
| 1715 | + | 27 | |
| 1716 | + | 1287 | |
| 1717 | + | -50- AFTER SERVICE of a notice of violation, notice of nonviolation penalty,1 | |
| 1718 | + | order, or action. If an administrative hearing is not requested within this2 | |
| 1719 | + | time period, the notice of violation, or notice of nonviolation, OR CEASE3 | |
| 1720 | + | AND DESIST ORDER constitutes a final agency order of the division and is4 | |
| 1721 | + | not subject to review by any court or agency.5 | |
| 1722 | + | (10) When the division imposes any penalty against a respondent6 | |
| 1723 | + | landlord under this part 11, the respondent may not seek any recovery or7 | |
| 1724 | + | reimbursement of the penalty from a complainant or from any other home8 | |
| 1849 | 1725 | owner | |
| 1850 | - | OR RESIDENT. | |
| 1851 | - | (12) This section does not provide an exclusive remedy and does not | |
| 1852 | - | PAGE 39-HOUSE BILL 22-1287 limit the right of landlords, or home owners, OR RESIDENTS to take legal | |
| 1853 | - | action against another party as provided in the act or otherwise. Exhaustion | |
| 1854 | - | of the administrative remedy provided in this section is not required before | |
| 1855 | - | a landlord, or | |
| 1856 | - | home owner, OR RESIDENT may bring a legal action. | |
| 1857 | - | (13) A landlord may SHALL not take any retaliatory actions against | |
| 1726 | + | OR RESIDENT.9 | |
| 1727 | + | (12) This section does not provide an exclusive remedy and does | |
| 1728 | + | 10 | |
| 1729 | + | not limit the right of landlords, or home owners, OR RESIDENTS to take11 | |
| 1730 | + | legal action against another party as provided in the act or otherwise.12 | |
| 1731 | + | Exhaustion of the administrative remedy provided in this section is not13 | |
| 1732 | + | required before a landlord, or home owner, OR RESIDENT may bring a14 | |
| 1733 | + | legal action.15 | |
| 1734 | + | 16 | |
| 1735 | + | (13) A landlord may SHALL not take any retaliatory actions against17 | |
| 1858 | 1736 | a home owner | |
| 1859 | - | OR RESIDENT | |
| 1860 | - | ||
| 1861 | - | ||
| 1862 | - | 38-12-212.5 (4.5). If the division determines that a landlord | |
| 1737 | + | OR RESIDENT | |
| 1738 | + | FOR FILING A COMPLAINT AND SHALL NOT18 | |
| 1739 | + | HARASS OR INTIMIDATE A HOME OWNER OR RESIDENT IN VIOLATION OF19 | |
| 1740 | + | SECTION 38-12-212.5 (4.5). If the division determines that a landlord has20 | |
| 1863 | 1741 | retaliated against a home owner | |
| 1864 | - | OR RESIDENT OR VIOLATED SECTION | |
| 1865 | - | 38-12-212.5 (4.5), the division may impose a fine of up to ten thousand | |
| 1866 | - | dollars on the landlord. | |
| 1742 | + | OR RESIDENT | |
| 1743 | + | OR VIOLATED SECTION21 | |
| 1744 | + | 38-12-212.5 | |
| 1745 | + | (4.5), the division may impose a fine of up to ten thousand22 | |
| 1746 | + | dollars on the landlord.23 | |
| 1867 | 1747 | (15) T | |
| 1868 | - | HE DIVISION SHALL TAKE ALL REASONABLE STEPS TO AVOID | |
| 1869 | - | DISCLOSING THE COMPLAINANT | |
| 1870 | - | 'S IDENTITY TO THE LANDLORD DURING OR | |
| 1871 | - | AFTER THE INVESTIGATION WITHOUT THE COMPLAINANT | |
| 1872 | - | 'S PERMISSION IF A | |
| 1873 | - | COMPLAINT ALLEGES A VIOLATION THAT IS OF A GENERAL NATURE | |
| 1874 | - | AFFECTING MULTIPLE HOME OWNERS OR RESIDENTS | |
| 1875 | - | , INCLUDING BUT NOT | |
| 1876 | - | LIMITED TO A COMPLAINT ALLEGING THAT A LANDLORD | |
| 1877 | - | 'S RULES OR RULE | |
| 1878 | - | ENFORCEMENT PRACTICES VIOLATE THE ACT | |
| 1879 | - | , THIS PART 11, OR A RULE AND | |
| 1880 | - | THE DIVISION CAN ADEQUATELY INVESTIGATE THE COMPLAINT WITHOUT | |
| 1881 | - | REVEALING THE COMPLAINANT | |
| 1882 | - | 'S IDENTITY. A PERSON SHALL NOT OBTAIN | |
| 1883 | - | ACCESS TO THE RECORD THROUGH SUBPOENA | |
| 1884 | - | , DISCOVERY, OR UNDER ANY | |
| 1885 | - | STATUTORY AUTHORITY | |
| 1886 | - | . THIS SUBSECTION (15) DOES NOT PROHIBIT THE | |
| 1887 | - | DIVISION FROM REQUIRING OR KNOWING THE IDENTITY OF A COMPLAINANT | |
| 1888 | - | . | |
| 1889 | - | SECTION 25. In Colorado Revised Statutes, 38-12-1106, amend | |
| 1890 | - | (2)(d), (2)(e), (7) introductory portion, (7)(d), (7)(e), and (8); and add | |
| 1891 | - | (7)(a.5) and (7)(f) as follows: | |
| 1892 | - | 38-12-1106. Registration of mobile home parks - process - fees. | |
| 1893 | - | (2) The division shall send registration notifications and information | |
| 1894 | - | packets to all known landlords of unregistered mobile home parks. These | |
| 1895 | - | information packets must include: | |
| 1896 | - | (d) Registration assessment information, including registration due | |
| 1897 | - | dates and late fees, and the collections procedures, liens, and charging costs | |
| 1898 | - | to home owners | |
| 1748 | + | HE DIVISION SHALL TAKE ALL REASONABLE STEPS TO AVOID24 | |
| 1749 | + | DISCLOSING THE COMPLAINANT'S IDENTITY TO THE LANDLORD DURING OR25 | |
| 1750 | + | AFTER THE INVESTIGATION WITHOUT THE COMPLAINANT 'S PERMISSION IF26 | |
| 1751 | + | A COMPLAINT ALLEGES A VIOLATION THAT IS OF A GENERAL NATURE27 | |
| 1752 | + | 1287 | |
| 1753 | + | -51- AFFECTING MULTIPLE HOME OWNERS OR RESIDENTS , INCLUDING BUT NOT1 | |
| 1754 | + | LIMITED TO A COMPLAINT ALLEGING THAT A LANDLORD 'S RULES OR RULE2 | |
| 1755 | + | ENFORCEMENT PRACTICES VIOLATE THE ACT , THIS PART 11, OR A RULE3 | |
| 1756 | + | AND THE DIVISION CAN ADEQUATELY INVESTIGATE THE COMPLAINT4 | |
| 1757 | + | WITHOUT REVEALING THE COMPLAINANT 'S IDENTITY. A PERSON SHALL5 | |
| 1758 | + | NOT OBTAIN ACCESS TO THE RECORD THROUGH SUBPOENA , DISCOVERY, OR6 | |
| 1759 | + | UNDER ANY STATUTORY AUTHORITY . THIS SUBSECTION (15) DOES NOT7 | |
| 1760 | + | PROHIBIT THE DIVISION FROM REQUIRING OR KNOWING THE IDENTITY OF8 | |
| 1761 | + | A COMPLAINANT.9 | |
| 1762 | + | SECTION 25. In Colorado Revised Statutes, 38-12-1106, amend10 | |
| 1763 | + | (2)(d), (2)(e), (7) introductory portion, (7)(d), (7)(e), and (8); and add11 | |
| 1764 | + | (7)(a.5) and (7)(f) as follows:12 | |
| 1765 | + | 38-12-1106. Registration of mobile home parks - process - fees.13 | |
| 1766 | + | (2) The division shall send registration notifications and information14 | |
| 1767 | + | packets to all known landlords of unregistered mobile home parks. These15 | |
| 1768 | + | information packets must include:16 | |
| 1769 | + | (d) Registration assessment information, including registration17 | |
| 1770 | + | due dates and late fees, and the collections procedures, liens, and18 | |
| 1771 | + | charging costs to home owners | |
| 1899 | 1772 | OR RESIDENTS; and | |
| 1773 | + | 19 | |
| 1900 | 1774 | (e) A description of the protections afforded home owners | |
| 1901 | 1775 | AND | |
| 1902 | - | PAGE 40-HOUSE BILL 22-1287 RESIDENTS under section 38-12-1105 (13). | |
| 1903 | - | (7) The registration forms provided by the division must require | |
| 1904 | - | information necessary to assist the division in identifying and locating a | |
| 1905 | - | mobile home park and other information that may be useful to the state. | |
| 1906 | - | including, | |
| 1907 | - | A REGISTRATION IS NOT COMPLETE UNLESS THE LANDLORD | |
| 1908 | - | INCLUDES ALL OF THE INFORMATION REQUIRED BY THE FORMS PROVIDED BY | |
| 1909 | - | THE DIVISION | |
| 1910 | - | . THE FORMS MUST REQUIRE, at a minimum: | |
| 1911 | - | (a.5) (I) T | |
| 1912 | - | HE NAME AND MAILING ADDRESS OF THE LEGAL OWNER OF | |
| 1913 | - | THE MOBILE HOME PARK AS RECORDED IN THE PROPERTY RECORDS OF THE | |
| 1914 | - | COUNTY ASSESSOR FOR THE PROPERTY AND A COPY OF THE PROPERTY | |
| 1915 | - | RECORD | |
| 1916 | - | , PROPERTY REPORT, OR SIMILAR SUPPORTING DOCUMENTATION | |
| 1917 | - | FROM THE COUNTY ASSESSOR | |
| 1918 | - | 'S WEBSITE. | |
| 1776 | + | 20 | |
| 1777 | + | RESIDENTS under section 38-12-1105 (13).21 | |
| 1778 | + | (7) The registration forms provided by the division must require22 | |
| 1779 | + | information necessary to assist the division in identifying and locating a23 | |
| 1780 | + | mobile home park and other information that may be useful to the 24 | |
| 1781 | + | state. including, A REGISTRATION IS NOT COMPLETE UNLESS THE25 | |
| 1782 | + | LANDLORD INCLUDES ALL OF THE INFORMATION REQUIRED BY THE FORMS26 | |
| 1783 | + | PROVIDED BY THE DIVISION. THE FORMS MUST REQUIRE, at a minimum:27 | |
| 1784 | + | 1287 | |
| 1785 | + | -52- (a.5) (I) THE NAME AND MAILING ADDRESS OF THE LEGAL OWNER1 | |
| 1786 | + | OF THE MOBILE HOME PARK AS RECORDED IN THE PROPERTY RECORDS OF2 | |
| 1787 | + | THE COUNTY ASSESSOR FOR THE PROPERTY AND A COPY OF THE PROPERTY3 | |
| 1788 | + | RECORD, PROPERTY REPORT, OR SIMILAR SUPPORTING DOCUMENTATION4 | |
| 1789 | + | FROM THE COUNTY ASSESSOR 'S WEBSITE.5 | |
| 1919 | 1790 | (II) I | |
| 1920 | 1791 | F THE LEGAL OWNER OF THE MOBILE HOME PARK LISTED | |
| 1921 | - | PURSUANT TO SUBSECTION | |
| 1922 | - | (7)(a.5)(I) OF THIS SECTION IS A DOMESTIC | |
| 1923 | - | LIMITED LIABILITY COMPANY | |
| 1924 | - | , THE LANDLORD SHALL INCLUDE THE DOMESTIC | |
| 1925 | - | ENTITY NAME OF THE LIMITED LIABILITY COMPANY AND THE PRINCIPAL | |
| 1926 | - | OFFICE MAILING ADDRESS ON FILE WITH THE SECRETARY OF STATE | |
| 1927 | - | , A COPY | |
| 1928 | - | OF THE CERTIFICATE OF GOOD STANDING FOR THE LIMITED LIABILITY | |
| 1929 | - | COMPANY | |
| 1930 | - | , AND THE NAME OF ANY ENTITY THAT EXERCISES FINANCIAL OR | |
| 1931 | - | MANAGEMENT CONTROL OF THE LIMITED LIABILITY COMPANY | |
| 1932 | - | . | |
| 1792 | + | 6 | |
| 1793 | + | PURSUANT TO SUBSECTION (7)(a.5)(I) OF THIS SECTION IS A DOMESTIC7 | |
| 1794 | + | LIMITED LIABILITY COMPANY , THE LANDLORD SHALL INCLUDE THE8 | |
| 1795 | + | DOMESTIC ENTITY NAME OF THE LIMITED LIABILITY COMPANY AND THE9 | |
| 1796 | + | PRINCIPAL OFFICE MAILING ADDRESS ON FILE WITH THE SECRETARY OF10 | |
| 1797 | + | STATE, A COPY OF THE CERTIFICATE OF GOOD STANDING FOR THE LIMITED11 | |
| 1798 | + | LIABILITY COMPANY, AND THE NAME OF ANY ENTITY THAT EXERCISES12 | |
| 1799 | + | FINANCIAL OR MANAGEMENT CONTROL OF THE LIMITED LIABILITY13 | |
| 1800 | + | COMPANY.14 | |
| 1933 | 1801 | (III) I | |
| 1934 | 1802 | F THE LEGAL OWNER OF THE MOBILE HOME PARK LISTED | |
| 1935 | - | PURSUANT TO SUBSECTION | |
| 1936 | - | (7)(a.5)(I) OF THIS SECTION IS A FOREIGN LIMITED | |
| 1937 | - | LIABILITY COMPANY | |
| 1938 | - | , THE LANDLORD SHALL INCLUDE THE ENTITY 'S TRUE | |
| 1939 | - | NAME AND ASSUMED ENTITY NAME | |
| 1940 | - | , IF ANY, AND THE PRINCIPAL OFFICE | |
| 1941 | - | MAILING ADDRESS OF ITS PRINCIPAL OFFICE AS SHOWN ON THE STATEMENT | |
| 1942 | - | OF FOREIGN ENTITY AUTHORITY FILED WITH THE SECRETARY OF STATE | |
| 1943 | - | , A | |
| 1944 | - | COPY OF THE CERTIFICATE OF GOOD STANDING FOR THE FOREIGN LIMITED | |
| 1945 | - | LIABILITY COMPANY | |
| 1946 | - | , AND THE NAME OF ANY ENTITY THAT EXERCISES | |
| 1947 | - | FINANCIAL OR MANAGEMENT CONTROL OF THE LIMITED LIABILITY COMPANY | |
| 1948 | - | . | |
| 1949 | - | (d) The number of mobile homes within the mobile home park; and | |
| 1950 | - | (e) The PHYSICAL address of each mobile home within the mobile | |
| 1951 | - | home park | |
| 1952 | - | AND THE MAILING ADDRESS OF THE HOME OWNER , IF THE | |
| 1953 | - | LANDLORD HAS A DIFFERENT MAILING ADDRESS ON FILE FOR THE HOME | |
| 1954 | - | OWNER | |
| 1955 | - | ; AND | |
| 1956 | - | PAGE 41-HOUSE BILL 22-1287 (f) THE DATE AND AMOUNT OF THE MOST RECENT RENT INCREASE | |
| 1957 | - | FOR EACH MOBILE HOME LOT AND EACH MOBILE HOME IN THE PARK | |
| 1958 | - | . | |
| 1959 | - | (8) For the 2020 calendar year, the division shall charge eachlandlord a twenty-four dollar registration fee for each mobile home | |
| 1960 | - | independently owned on rented land within the landlord's mobile home | |
| 1961 | - | park. Each year thereafter, The division shall establish by rule a fee that | |
| 1962 | - | each landlord shall pay to the division as an annual registration fee for each | |
| 1963 | - | mobile home independently owned on rented land within the landlord's | |
| 1964 | - | mobile home park. O | |
| 1965 | - | N AND AFTER JULY 1, 2024, THE DIVISION MAY ADJUST | |
| 1966 | - | THE FEE TO COVER THE COSTS ASSOCIATED WITH COMPLAINTS FILED | |
| 1967 | - | PURSUANT TO SECTION | |
| 1968 | - | 38-12-1103 (2)(b), AND MAY BY RULE AUTHORIZE | |
| 1969 | - | LANDLORDS TO CHARGE A RESIDENT | |
| 1970 | - | , AS DEFINED IN SECTION 38-12-201.5 | |
| 1971 | - | (11), | |
| 1972 | - | A PORTION OF THE FEE. A landlord may | |
| 1973 | - | MUST NOT charge a home | |
| 1974 | - | owner not OR RESIDENT more than half of the fee. The registration fee for | |
| 1975 | - | each mobile home must be deposited into the fund. The division shall | |
| 1976 | - | review the annual registration fee and, if necessary, adjust the annual | |
| 1977 | - | registration fee through rule-making to ensure it continues to reasonably | |
| 1978 | - | relate to the cost of administering the program. | |
| 1979 | - | SECTION 26. In Colorado Revised Statutes, 38-12-1110, add (3) | |
| 1980 | - | as follows: | |
| 1981 | - | 38-12-1110. Mobile home park act dispute resolution and | |
| 1982 | - | enforcement program fund. (3) (a) I | |
| 1983 | - | N FISCAL YEAR 2022-23 AND EACH | |
| 1984 | - | FISCAL YEAR THEREAFTER | |
| 1985 | - | , THE GENERAL ASSEMBLY SHALL APPROPRIATE | |
| 1986 | - | MONEY FROM THE GENERAL FUND TO THE MOBILE HOME PARK ACT DISPUTE | |
| 1987 | - | RESOLUTION AND ENFORCEMENT PROGRAM FUND FOR USE BY THE DIVISION | |
| 1988 | - | TO CONDUCT OUTREACH | |
| 1989 | - | , MONITORING, AND ENFORCEMENT RELATED TO | |
| 1990 | - | SECTIONS | |
| 1991 | - | 38-12-217 AND 38-12-203.5. | |
| 1803 | + | 15 | |
| 1804 | + | PURSUANT TO SUBSECTION (7)(a.5)(I) OF THIS SECTION IS A FOREIGN16 | |
| 1805 | + | LIMITED LIABILITY COMPANY , THE LANDLORD SHALL INCLUDE THE17 | |
| 1806 | + | ENTITY'S TRUE NAME AND ASSUMED ENTITY NAME , IF ANY, AND THE18 | |
| 1807 | + | PRINCIPAL OFFICE MAILING ADDRESS OF ITS PRINCIPAL OFFICE AS SHOWN19 | |
| 1808 | + | ON THE STATEMENT OF FOREIGN ENTITY AUTHORITY FILED WITH THE20 | |
| 1809 | + | SECRETARY OF STATE, A COPY OF THE CERTIFICATE OF GOOD STANDING21 | |
| 1810 | + | FOR THE FOREIGN LIMITED LIABILITY COMPANY , AND THE NAME OF ANY22 | |
| 1811 | + | ENTITY THAT EXERCISES FINANCIAL OR MANAGEMENT CONTROL OF THE23 | |
| 1812 | + | LIMITED LIABILITY COMPANY.24 | |
| 1813 | + | (d) The number of mobile homes within the mobile home park;25 | |
| 1814 | + | and26 | |
| 1815 | + | (e) The | |
| 1816 | + | PHYSICAL address of each mobile home within the mobile27 | |
| 1817 | + | 1287 | |
| 1818 | + | -53- home park AND THE MAILING ADDRESS OF THE HOME OWNER , IF THE1 | |
| 1819 | + | LANDLORD HAS A DIFFERENT MAILING ADDRESS ON FILE FOR THE HOME2 | |
| 1820 | + | OWNER; AND3 | |
| 1821 | + | (f) T | |
| 1822 | + | HE DATE AND AMOUNT OF THE MOST RECENT RENT INCREASE4 | |
| 1823 | + | FOR EACH MOBILE HOME LOT AND EACH MOBILE HOME IN THE PARK .5 | |
| 1824 | + | (8) For the 2020 calendar year, the division shall charge each | |
| 1825 | + | 6 | |
| 1826 | + | landlord a twenty-four dollar registration fee for each mobile home7 | |
| 1827 | + | independently owned on rented land within the landlord's mobile home8 | |
| 1828 | + | park. Each year thereafter, The division shall establish by rule a fee that9 | |
| 1829 | + | each landlord shall pay to the division as an annual registration fee for10 | |
| 1830 | + | each mobile home independently owned on rented land within the11 | |
| 1831 | + | landlord's mobile home park. O | |
| 1832 | + | N AND AFTER JULY 1, 2024, THE DIVISION | |
| 1833 | + | 12 | |
| 1834 | + | MAY ADJUST THE FEE TO COVER THE COSTS ASSOCIATED WITH COMPLAINTS13 | |
| 1835 | + | FILED PURSUANT TO SECTION 38-12-1103 (2)(b), AND MAY BY RULE14 | |
| 1836 | + | AUTHORIZE LANDLORDS TO CHARGE A RESIDENT , AS DEFINED IN SECTION15 | |
| 1837 | + | 38-12-201.5 | |
| 1838 | + | (11), A PORTION OF THE FEE. A landlord may | |
| 1839 | + | MUST NOT16 | |
| 1840 | + | charge a home owner not OR RESIDENT more than half of the fee. The17 | |
| 1841 | + | registration fee for each mobile home must be deposited into the fund.18 | |
| 1842 | + | The division shall review the annual registration fee and, if necessary,19 | |
| 1843 | + | adjust the annual registration fee through rule-making to ensure it20 | |
| 1844 | + | continues to reasonably relate to the cost of administering the program.21 | |
| 1845 | + | SECTION 26. In Colorado Revised Statutes, 38-12-1110, add (3)22 | |
| 1846 | + | as follows:23 | |
| 1847 | + | 38-12-1110. Mobile home park act dispute resolution and24 | |
| 1848 | + | enforcement program fund. (3) (a) IN FISCAL YEAR 2022-23 AND EACH25 | |
| 1849 | + | FISCAL YEAR THEREAFTER, THE GENERAL ASSEMBLY SHALL APPROPRIATE26 | |
| 1850 | + | MONEY FROM THE GENERAL FUND TO THE MOBILE HOME PARK ACT27 | |
| 1851 | + | 1287 | |
| 1852 | + | -54- DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM FUND FOR USE BY THE1 | |
| 1853 | + | DIVISION TO CONDUCT OUTREACH, MONITORING, AND ENFORCEMENT2 | |
| 1854 | + | RELATED TO SECTIONS 38-12-217 AND 38-12-203.5.3 | |
| 1992 | 1855 | (b) I | |
| 1993 | 1856 | N FISCAL YEAR 2024-25 AND EACH FISCAL YEAR THEREAFTER, | |
| 1994 | - | ||
| 1995 | - | ||
| 1996 | - | ||
| 1997 | - | ||
| 1998 | - | 38-12- | |
| 1857 | + | 4 | |
| 1858 | + | THE GENERAL ASSEMBLY MAY APPROPRIATE MONEY FROM THE GENERAL5 | |
| 1859 | + | FUND TO THE MOBILE HOME PARK ACT DISPUTE RESOLUTION AND6 | |
| 1860 | + | ENFORCEMENT PROGRAM FUND FOR USE BY THE DIVISION TO COVER COSTS7 | |
| 1861 | + | ASSOCIATED WITH COMPLAINTS FILED PURSUANT TO SECTION 38-12-11038 | |
| 1999 | 1862 | (2)(b) | |
| 2000 | 1863 | THAT ARE NOT COVERED BY THE FEE AUTHORIZED IN SECTION | |
| 2001 | - | 32-12-1106 (8). | |
| 2002 | - | SECTION 27. In Colorado Revised Statutes, 6-1-105, repeal | |
| 2003 | - | PAGE 42-HOUSE BILL 22-1287 (1)(kkk); and add (1)(rrr) as follows: | |
| 2004 | - | 6-1-105. Unfair or deceptive trade practices. (1) A person | |
| 2005 | - | engages in a deceptive trade practice when, in the course of the person's | |
| 2006 | - | business, vocation, or occupation, the person: | |
| 2007 | - | (kkk) Either knowingly or recklessly engages in any unfair, | |
| 2008 | - | unconscionable, deceptive, deliberately misleading, false, or fraudulent act | |
| 2009 | - | or practice; | |
| 2010 | - | (rrr) EITHER KNOWINGLY OR RECKLESSLY ENGAGES IN ANY UNFAIR , | |
| 2011 | - | UNCONSCIONABLE, DECEPTIVE, DELIBERATELY MISLEADING , FALSE, OR | |
| 2012 | - | FRAUDULENT ACT OR PRACTICE | |
| 2013 | - | . | |
| 2014 | - | SECTION 28. Appropriation. (1) For the 2022-23 state fiscal | |
| 2015 | - | year, $89,870 is appropriated to the mobile home park act dispute resolution | |
| 2016 | - | and enforcement program fund created in section 38-12-1110 (1), C.R.S. | |
| 2017 | - | This appropriation is from the general fund. The department of local affairs | |
| 2018 | - | is responsible for the accounting related to this appropriation. | |
| 2019 | - | (2) For the 2022-23 state fiscal year, $50,173 is appropriated to the | |
| 2020 | - | office of the governor for use by the office of information technology. This | |
| 2021 | - | appropriation is from reappropriated funds received from the department of | |
| 2022 | - | local affairs from the mobile home park act dispute resolution and | |
| 2023 | - | enforcement program fund created in section 38-12-1110 (1), C.R.S. To | |
| 2024 | - | implement this act, the office may use this appropriation to provide | |
| 2025 | - | information technology services for the department of local affairs. | |
| 2026 | - | SECTION 29. Act subject to petition - effective date. This act | |
| 2027 | - | takes effect October 1, 2022; except that, if a referendum petition is filed | |
| 2028 | - | pursuant to section 1 (3) of article V of the state constitution against this act | |
| 2029 | - | or an item, section, or part of this act within the ninety-day period after final | |
| 2030 | - | adjournment of the general assembly, then the act, item, section, or part will | |
| 2031 | - | not take effect unless approved by the people at the general election to be | |
| 2032 | - | PAGE 43-HOUSE BILL 22-1287 held in November 2022 and, in such case, will take effect on the date of the | |
| 2033 | - | official declaration of the vote thereon by the governor. | |
| 2034 | - | ____________________________ ____________________________ | |
| 2035 | - | Alec Garnett Steve Fenberg | |
| 2036 | - | SPEAKER OF THE HOUSE PRESIDENT OF | |
| 2037 | - | OF REPRESENTATIVES THE SENATE | |
| 2038 | - | ____________________________ ____________________________ | |
| 2039 | - | Robin Jones Cindi L. Markwell | |
| 2040 | - | CHIEF CLERK OF THE HOUSE SECRETARY OF | |
| 2041 | - | OF REPRESENTATIVES THE SENATE | |
| 2042 | - | APPROVED________________________________________ | |
| 2043 | - | (Date and Time) | |
| 2044 | - | _________________________________________ | |
| 2045 | - | Jared S. Polis | |
| 2046 | - | GOVERNOR OF THE STATE OF COLORADO | |
| 2047 | - | PAGE 44-HOUSE BILL 22-1287 | |
| 1864 | + | 9 | |
| 1865 | + | 32-12-1106 | |
| 1866 | + | (8). | |
| 1867 | + | 10 | |
| 1868 | + | SECTION 27. In Colorado Revised Statutes, 6-1-105, repeal11 | |
| 1869 | + | (kkk); and add (ooo) as follows:12 | |
| 1870 | + | 6-1-105. Unfair or deceptive trade practices. (1) A person13 | |
| 1871 | + | engages in a deceptive trade practice when, in the course of the person's14 | |
| 1872 | + | business, vocation, or occupation, the person:15 | |
| 1873 | + | (kkk) Either knowingly or recklessly engages in any unfair,16 | |
| 1874 | + | unconscionable, deceptive, deliberately misleading, false, or fraudulent17 | |
| 1875 | + | act or practice;18 | |
| 1876 | + | (ooo) E | |
| 1877 | + | ITHER KNOWINGLY OR RECKLESSLY ENGAGES IN ANY | |
| 1878 | + | 19 | |
| 1879 | + | UNFAIR, UNCONSCIONABLE, DECEPTIVE, DELIBERATELY MISLEADING ,20 | |
| 1880 | + | FALSE, OR FRAUDULENT ACT OR PRACTICE.21 | |
| 1881 | + | SECTION 28. Appropriation. (1) For the 2022-23 state fiscal22 | |
| 1882 | + | year, $89,870 is appropriated to the mobile home park act dispute23 | |
| 1883 | + | resolution and enforcement program fund created in section 38-12-111024 | |
| 1884 | + | (1), C.R.S. This appropriation is from the general fund. The department25 | |
| 1885 | + | of local affairs is responsible for the accounting related to this26 | |
| 1886 | + | appropriation.27 | |
| 1887 | + | 1287 | |
| 1888 | + | -55- (2) For the 2022-23 state fiscal year, $50,173 is appropriated to1 | |
| 1889 | + | the office of the governor for use by the office of information technology.2 | |
| 1890 | + | This appropriation is from reappropriated funds received from the3 | |
| 1891 | + | department of local affairs from the mobile home park act dispute4 | |
| 1892 | + | resolution and enforcement program fund created in section 38-12-11105 | |
| 1893 | + | (1), C.R.S. To implement this act, the office may use this appropriation6 | |
| 1894 | + | to provide information technology services for the department of local7 | |
| 1895 | + | affairs.8 | |
| 1896 | + | SECTION 29. Act subject to petition - effective date. This act9 | |
| 1897 | + | takes effect October 1, 2022; except that, if a referendum petition is filed10 | |
| 1898 | + | pursuant to section 1 (3) of article V of the state constitution against this11 | |
| 1899 | + | act or an item, section, or part of this act within the ninety-day period12 | |
| 1900 | + | after final adjournment of the general assembly, then the act, item,13 | |
| 1901 | + | section, or part will not take effect unless approved by the people at the14 | |
| 1902 | + | general election to be held in November 2022 and, in such case, will take15 | |
| 1903 | + | effect on the date of the official declaration of the vote thereon by the16 | |
| 1904 | + | governor.17 | |
| 1905 | + | 1287 | |
| 1906 | + | -56- |