Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0093.01 Nicole Myers x4326
HOUSE BILL 24-1294
House Committees Senate Committees
Transportation, Housing & Local Government
A BILL FOR AN ACT
C
ONCERNING MOBILE HOMES THAT ARE LOCATED IN A MOBILE HOME101
PARK, AND, IN CONNECTION THEREWITH , SPECIFYING LEGAL102
RIGHTS AND RESPONSI BILITIES RELATING TO THE SALE , LEASE,103
AND PURCHASE OF SUCH HOMES .104
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill modifies the "Mobile Home Park Act" (act) as follows:
! Specifies that a successor in interest of a mobile home park
(park) has the same responsibilities as the management or
HOUSE SPONSORSHIP
Boesenecker and Velasco,
SENATE SPONSORSHIP
Cutter,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. landlord of a park (landlord);
! Specifies that a home owner of a mobile home includes a
resident of a mobile home park (home owner) who is under
a current rent-to-own contract;
! Specifies that a park does not have to be operated for the
pecuniary benefit of the owner of the land on which the
park is located;
! Clarifies that the landlord may terminate a tenancy for
failure of the home owner to comply with all rules and
regulations established by management that are enforceable
pursuant to the act and that are necessary to prevent
damage to real or personal property or to the health or
safety of individuals;
! Specifies that if a park is condemned, the landlord is
required to provide the same remedies to any displaced
homeowner as when the landlord intends to change the use
of the land comprising a park;
! Prohibits a landlord from issuing a notice of a rent increase
under the same conditions in which a landlord is prohibited
from increasing rent;
! Prohibits a landlord from increasing rent or issuing a notice
of a rent increase if the landlord has not fully complied
with any government order, has been ordered by a court not
to increase rent pending the resolution of a lawsuit, or has
been found by the division of housing in the department of
local affairs (division) or by a court to have failed to
comply with the act;
! Prohibits a landlord from charging rent to a resident in an
amount that exceeds current rent amounts for comparable
lots in the park;
! Requires a landlord to use a methodology, and to maintain
records of the methodology used, to determine rent that is
reasonable, equitable, and consistent for all residents for
comparable lots;
! Requires a landlord to provide certain notices to home
owners in 12-point font and pursuant to language access
requirements specified in the bill;
! If a home owner is a defendant in a forcible entry and
detainer complaint and the home owner has submitted a
related administrative complaint through the "Mobile
Home Park Act Dispute Resolution and Enforcement
Program" (dispute resolution program), allows the home
owner to take action to stay any hearing on the forcible
entry and detainer complaint to allow for adjudication of
the administrative complaint;
HB24-1294
-2- ! Upon the timely request of a home owner, requires a
landlord to provide an interpreter for certain meetings and
to provide translated copies of meeting materials pursuant
to language access requirements specified in the bill and
requires the landlord to bear the cost of the interpreter and
the cost of translating meeting materials;
! Prohibits a landlord from charging a home owner any fee
or penalty for refusing to sign a new lease or for residing
under a periodic tenancy;
! Requires a landlord to provide a home owner with
reasonable amounts of water pressure at all times and
sufficient potable water for all members of the household
under certain circumstances;
! Requires a landlord to maintain sidewalks owned by the
landlord and to establish a unique mailing address and
mailbox for each lot;
! Specifies that in an action or administrative proceeding by
or against a home owner, the landlord's action is presumed
to be retaliatory if, within the 120 days preceding the
landlord's action, the home owner requested that the
landlord provide communications in a language other than
English pursuant to the language access requirements
specified in the bill;
! Requires a landlord to comply with language access
requirements, including providing any communication that
the landlord is required to provide pursuant to law in
English and Spanish and in one additional language spoken
by a resident upon request of the resident, providing written
notice verbally in English upon request of a resident,
providing notice in plain language, and providing an
interpreter upon request;
! Requires a landlord to adequately disclose the terms and
conditions of a tenancy in writing in a rental agreement in
English, Spanish, or both English and Spanish to any
prospective home owner;
! Requires a landlord to provide a home owner with a written
copy of the adopted park rules and regulations in English,
Spanish, or English and Spanish;
! Clarifies that a mobile home or any accessory building or
structure that is owned by a person other than the landlord
are each a separate unit of ownership and that the accessory
building or structure are each presumed to be owned by the
owner of the mobile home unless a written agreement
establishes ownership by another person;
! Specifies that a rule or regulation that requires a home
HB24-1294
-3- owner to incur a cost or imposes restrictions or
requirements on the homeowner's right to control what
happens in or to the homeowner's mobile home or any
accessory building or structure is presumed unreasonable
except under specified circumstances;
! Requires a notice to quit to include a statement that sets
forth the basis for enforceability;
! The landlord is required to allow a buyer of a mobile home
reasonable access to the mobile home during the time the
buyer is required to bring the mobile home into compliance
with park rules;
! Specifies the conditions under which the buyer of a mobile
home satisfies the financial requirements to buy the mobile
home, and under which the landlord is prohibited from
interfering with the homeowner's right to sell the mobile
home;
! Specifies that a landlord is not required to provide a new or
subsequent notice of intent to sell for certain triggering
events if the landlord is only considering an offer from a
group or association of homeowners who reside in the
park;
! Authorizes a court to order that a landlord cease from
increasing rent on a park lot or issuing a notice of a rent
increase if the landlord has been named as a defendant in
a pending lawsuit or administrative complaint that alleges
a violation of specified laws and requires a court to order
a landlord to refund any unlawfully retained rent;
! Requires a landlord to retain a payment ledger that
documents rent or other payments from a home owner and
allows a homeowner to request a copy of the payment
ledger during the homeowner's tenancy and for 12 months
after the tenancy has ended;
! Requires a landlord to retain communications provided to
a home owner in a language other than English and to
retain the homeowner's request to provide the
communications in a language other than English; and
! Specifies prior conditions of a sale or change of control of
a park for a landlord if there is a pending complaint filed
pursuant to the dispute resolution program before the
division or prior to the landlord's compliance with all
remedial actions ordered by the division in a complaint that
was previously filed pursuant to the dispute resolution
program.
In addition, the bill specifies the duties and rights of the purchaser
and the seller of a mobile home in connection with an agreement in which
HB24-1294
-4- the purchaser agrees to purchase a mobile home over a period of time that
is mutually agreed upon by the seller of the mobile home (rent-to-own
contract) and specifies the terms and conditions that must be included in
a rent-to-own contract. However, these provisions of the bill apply only
to a rent-to-own contract for a mobile home that is located in a mobile
home park and only when the seller of the mobile home is the owner of
the mobile home park or owns more than one mobile home within the
mobile home park. Specifically, the bill:
! Requires a rent-to-own contract to be in writing, in either
English or both English and Spanish as requested by the
purchaser, and signed by the purchaser and the seller of the
mobile home;
! Requires the seller to provide proof of ownership of and an
appraisal of a mobile home to the purchaser before entering
into a rent-to-own contract for the mobile home;
! Requires certain information to be included in a
rent-to-own contract;
! Provides the purchaser of a mobile home in a rent-to-own
contract with rights to pay the balance of the contract early
without penalty or additional interest and to terminate the
contract after providing written notice to the seller and, in
the latter case, requires the seller to return to the purchaser
all purchase payments made by the purchaser;
! Allows the seller of a mobile home to terminate a
rent-to-own contract only if the purchaser fails to make a
purchase and interest payment under the rent-to-own
contract and does not cure the payment deficit or if the
purchaser commits an action related to the purchaser's lot
lease or mobile home lease that leads to a valid and
executed writ of restitution;
! Specifies actions that the seller of a mobile home is
required to take if the seller cannot comply with a
rent-to-own contract because the mobile home becomes
encumbered due to other legal action or because the park is
condemned or changes use;
! Specifies the duties of the seller of a mobile home in
connection with the habitability of the mobile home in a
rent-to-own contract;
! Requires the seller to offer the purchaser a mobile home
lease for a period equivalent to the period in which the
purchaser has to complete the purchase of the mobile
home;
! For a rent-to-own contract when the seller is the owner of
more than one mobile home within the same park and is not
the landlord of the park, prohibits the seller from entering
HB24-1294
-5- into a rent-to-own contract unless the seller's rental
agreement with the landlord specifically permits the seller
to sublease and sell the mobile home;
! Specifies the conditions under which the seller of a mobile
home must immediately return to the purchaser any
purchase payments or other money that the seller has
received from the purchaser;
! Requires the seller of a mobile home to maintain a
segregated account into which all of the purchaser's
purchase payments are deposited and to provide the
purchaser with an annual accounting related to the
rent-to-own contract;
! Binds a successor owner of a park to the terms of a
rent-to-own contract entered into by the prior owner of the
park;
! If the seller of a mobile home that is subject to a
rent-to-own contract evicts or attempts to evict a purchaser
for any wrongful or retaliatory reason or any reason that is
unsupported by specified provisions of current law, allows
the purchaser to recover treble damages and attorney fees;
! Specifies the requirements regarding the transfer of the title
of the mobile home under a rent-to-own contract and
requires the seller of the mobile home to pay any
then-owed property taxes assessed on the mobile home
prior to transferring the title; and
! If the seller of a mobile home failed to properly repair or
maintain the mobile home at the time the purchaser of a
mobile home makes the final payment under the
rent-to-own contract, allows the purchaser to exercise the
purchaser's right of private action pursuant to current law.
The bill authorizes the attorney general to independently initiate
and bring civil and criminal action to enforce the provisions of the
rent-to-own mobile home contract law.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 38-12-201.5, amend2
the introductory portion, (1), (2), (3), and (6); and add (1.5) as follows:3
38-12-201.5. Definitions. As used in this part 2 and in part 11
4
PARTS 11 AND 13 of this article 12, unless the context otherwise requires:5
(1) "Entry fee" means any fee paid to or received from an owner6
HB24-1294-6- of a mobile home park or an agent thereof except for:1
(a) Rent;2
(b) A security deposit to pay for actual damages to the premises3
or to secure rental payments;4
(c) Fees charged by any governmental agency of the state, a5
county, a town, or a city;6
(d) Utilities;7
(e) Incidental reasonable charges for services actually performed8
by the mobile home park owner or the mobile home park owner's agent9
and agreed to in writing by the home owner;10
(f) Late fees; and11
(g) Membership fees paid to join a resident or home owner12
cooperative that owns the mobile home park or other parks qualifying as13
common interest communities pursuant to the "Colorado Common14
Interest Ownership Act", article 33.3 of this title 38. "DIVISION" MEANS15
THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS .16
(1.5) "E
NTRY FEE" MEANS ANY FEE PAID TO OR RECEIVED FROM AN17
OWNER OF A MOBILE HOME PARK OR AN AGENT THEREOF EXCEPT FOR :18
(a) R
ENT;19
(b) A
SECURITY DEPOSIT TO PAY FOR ACTUAL DAMAGES TO THE20
PREMISES OR TO SECURE RENTAL PAYMENTS ;21
(c) F
EES CHARGED BY ANY GOVERNMENTAL AGENCY OF THE22
STATE, A COUNTY, A TOWN, OR A CITY;23
(d) U
TILITIES;24
(e) I
NCIDENTAL REASONABLE CHARGES FOR SERVICES ACTUALLY25
PERFORMED BY THE MOBILE HOME PARK OWNER OR THE MOBILE HOME26
PARK OWNER'S AGENT AND AGREED TO IN WRITING BY THE HOME OWNER ;27
HB24-1294
-7- (f) LATE FEES; AND1
(g) M
EMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER2
COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS3
QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE4
"C
OLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS5
TITLE 38.6
(2) "Home owner" means any person or family of a person who7
owns a mobile home that is subject to a tenancy in a mobile home park8
under a rental agreement. "H
OME OWNER" INCLUDES A RESIDENT WHO IS9
UNDER A CURRENT RENT-TO-OWN CONTRACT.10
(3) "Management" or "landlord" means the owner of a mobile11
home park or person responsible for operating and managing a mobile12
home park, or
an agent, employee, or representative authorized to act on13
the management's behalf in connection with matters relating to tenancy14
in the park,
OR A SUCCESSOR IN INTEREST TO THE OWNER OF A MOBILE15
HOME PARK THAT HAS ASSUMED SOME OR ALL OF THE RESPONSIBILITY FOR16
OPERATING AND MANAGING A MOBILE HOME PARK .17
(6) "Mobile home park" or "park" means a parcel of land used for18
the continuous
accommodation of five or more occupied mobile homes.19
and operated for the pecuniary benefit of the owner of the parcel of land20
or the owner's agents, lessees, or assignees "Mobile home park" does not21
include mobile home subdivisions or property zoned for manufactured22
home subdivisions. For purposes of this definition, the parcel of land23
comprising the mobile home park does not need to be contiguous, but24
must be in the same neighborhood as determined by the division.25
SECTION 2. In Colorado Revised Statutes, 38-12-203, amend26
(1)(c) introductory portion as follows:27
HB24-1294
-8- 38-12-203. Reasons for termination. (1) The management of a1
mobile home park may terminate a tenancy only for one or more of the2
following reasons:3
(c) Except in the case of a home owner who cures a4
noncompliance as described in section 38-12-202 (3), failure of the home5
owner to comply with written rules and regulations of the mobile home6
park that are enforceable pursuant to section 38-12-214 (1) SECTION7
38-12-214, are necessary to prevent material damage to real or personal8
property or to the health or safety of one or more individuals, and were: 9
SECTION 3. In Colorado Revised Statutes, 38-12-203.5, amend10
(2) introductory portion as follows:11
38-12-203.5. Change in use of the park - remedies for home12
owners - definitions. (2) If a landlord intends to change the use of the13
land comprising a mobile home park or part of a mobile home park
OR14
THE MOBILE HOME PARK IS CONDEMNED and the change in use OR15
CONDEMNATION would result in the displacement of one or more mobile16
homes in the park, for each displaced mobile home, the landlord shall17
provide the home owner or home owners one of the following at the18
home owner's or home owners' choosing within thirty days of receiving19
a written demand by the home owner or home owners:20
SECTION 4. In Colorado Revised Statutes, 38-12-204, amend21
(1), (2), (4) introductory portion, and (4)(c); and add (4)(e), (4)(f), (6),22
and (7) as follows:23
38-12-204. Nonpayment of rent - notice required for rent24
increase - limitation on rent increases. (1) Any tenancy or other estate25
at will or lease in a mobile home park may be terminated upon the26
landlord's written notice to the home owner
PROVIDED PURSUANT TO27
HB24-1294
-9- SECTION 38-12-212.9 requiring, in the alternative, payment of rent or the1
removal of the home owner's unit from the premises, within a period of2
not less than ten FOURTEEN days after the date notice is served or posted,3
for failure to pay rent when due.4
(2) Rent shall not be increased without sixty days' written notice5
to the home owner
PROVIDED PURSUANT TO SECTION 38-12-212.9. In6
addition to the amount and the effective date of the rent increase, such7
written notice shall include the name, address, and telephone number of8
the mobile home park management, if such management is a principal9
owner, or owner of the mobile home park and, if the owner is other than10
a natural person, the name, address, and telephone number of the owner's11
chief executive officer or managing partner; except that such ownership12
information need not be given if it was disclosed in the rental agreement13
made pursuant to section 38-12-213.14
(4) A landlord shall not increase rent on a resident of a mobile15
home park lot
OR ISSUE A NOTICE OF RENT INCREASE if the park:16
(c) (I) Has not fully complied with any final agency order issued
17
by the division of housing; or GOVERNMENT ORDER .18
(II) A
S USED IN SUBSECTION (4)(c)(I) OF THIS SECTION,19
"
GOVERNMENT ORDER " MEANS ANY FINAL FEDERAL , STATE, OR LOCAL20
ADMINISTRATIVE ORDER OR JUDICIAL ORDER OR ANY OFFICIAL NOTICE21
FROM A GOVERNMENTAL ENTITY .22
(e) H
AS BEEN ORDERED BY A COURT NOT TO INCREASE RENT23
PENDING THE RESOLUTION OF A LAWSUIT ; OR24
(f) H
AS BEEN FOUND BY THE DIVISION IN A FINAL AGENCY ORDER25
OR BY A COURT, WITHIN THE TWENTY-FOUR MONTHS PRIOR TO THE FINAL26
AGENCY OR COURT ORDER , TO HAVE FAILED TO COMPLY WITH A27
HB24-1294
-10- LANDLORD'S RESPONSIBILITIES PURSUANT TO SECTION 38-12-212.3.1
(6) A
LANDLORD SHALL NOT CHARGE RENT TO A RESIDENT IN AN2
AMOUNT THAT EXCEEDS CURRENT RENT AMOUNTS FOR LOTS THAT ARE3
SIMILARLY SIZED IN SQUARE FOOTAGE AND POSITIONED IN THE PARK .4
(7) T
HE MANAGEMENT SHALL USE A METHODOLOGY TO5
DETERMINE RENT THAT IS REASONABLE , EQUITABLE, CONSISTENT FOR ALL6
RESIDENTS, AND BASED ON SIZE IN SQUARE FOOTAGE AND POSITION OF7
LOTS IN THE PARK. THE MANAGEMENT SHALL MAINTAIN RECORDS OF THE8
METHODOLOGY USED TO D ETERMINE RENT PURSUANT TO THIS SUBSECTION9
(7).10
SECTION 5. In Colorado Revised Statutes, 38-12-204.3, amend11
(2) as follows:12
38-12-204.3. Notice required for termination. (2) The notice13
required under this section must be
PROVIDED PURSUANT TO SECTION14
38-12-212.9 in at least ten-point
TWELVE-POINT type and must read as15
follows:16
IMPORTANT NOTICE TO THE HOME OWNER:17
This notice and the accompanying notice to quit/notice of18
nonpayment of rent are the first steps in the eviction process. Any dispute19
you may have regarding the grounds for eviction should be addressed20
with your landlord or the management of the mobile home park or in the21
courts if an eviction action is filed. Please be advised that the "Mobile22
Home Park Act", part 2 of article 12 of title 38, Colorado Revised23
Statutes, and the "Mobile Home Park Act Dispute Resolution and24
Enforcement Program" created in section 38-12-1104, Colorado Revised25
Statutes, may provide you with legal protection.26
NOTICE TO QUIT: In order to terminate a home owner's tenancy,27
HB24-1294
-11- the landlord or management of a mobile home park must serve to a home1
owner a notice to quit. The notice must be in writing and must contain2
certain information, including:3
• The grounds for the termination of the tenancy;4
• Whether or not the home owner has a right to cure under5
the "Mobile Home Park Act"; and6
• That the home owner has the option of mediation7
pursuant to section 38-12-216, Colorado Revised Statutes,8
of the "Mobile Home Park Act" and the option of filing a9
complaint through the "Mobile Home Park Act Dispute10
Resolution and Enforcement Program" created in section11
38-12-1104, Colorado Revised Statutes.12
NOTICE OF NONPAYMENT OF RENT: In order to terminate13
a home owner's tenancy due to nonpayment of rent, the landlord or14
management of a mobile home park must serve to a home owner a notice15
of nonpayment of rent. The notice must be in writing and must require16
that the home owner either make payment of rent or sell the owner's unit17
or remove it from the premises within a period of not less than ten days18
after the date the notice is served or posted, for failure to pay rent when19
due.20
CURE PERIODS: If the home owner has a right to cure under the21
"Mobile Home Park Act", the landlord or management of a mobile home22
park cannot terminate a home owner's tenancy without first providing the23
home owner with a time period to cure the noncompliance. "Cure" refers24
to a home owner remedying, fixing, or otherwise correcting the situation25
or problem that made the tenancy subject to termination pursuant to26
sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.27
HB24-1294
-12- COMMENCEMENT OF LEGAL ACTION TO TERMINATE1
THE TENANCY: After the last day of the applicable notice period2
required by section 38-12-202 (1)(c), Colorado Revised Statutes, a legal3
action may be commenced to take possession of the space leased by the4
home owner. In order to evict a home owner, the landlord or management5
of the mobile home park must prove:6
• The landlord or management complied with the notice7
requirements of the "Mobile Home Park Act";8
• The landlord or management provided the home owner9
with a statement of reasons for termination of the tenancy;10
and11
• The reasons for termination of the tenancy are true and12
valid under the "Mobile Home Park Act".13
To defend against an eviction action, a home owner must appear14
in court. If the court rules in favor of the landlord or management of the15
mobile home park, the home owner has not less than thirty days from the16
time of the ruling to either remove or sell the mobile home and to vacate17
the premises. If the home owner wishes to extend such period beyond18
thirty days but not more than sixty days from the date of the ruling, the19
home owner shall prepay to the landlord an amount equal to a pro rata20
share of rent for each day following the expiration of the initial thirty-day21
period after the court's ruling that the mobile home owner will remain on22
the premises. All prepayments shall be paid no later than thirty days after23
the court ruling. This section does not preclude earlier removal by law24
enforcement officers of a mobile home or one or more mobile home25
owners or occupants from the mobile home park if a mobile home owner26
violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303,27
HB24-1294
-13- Colorado Revised Statutes.1
SECTION 6. In Colorado Revised Statutes, add 38-12-204.5 as2
follows:3
38-12-204.5. Eviction for rule violation - stay of eviction4
proceeding - rules challenge. I
F A RESIDENT IS A DEFENDANT IN A5
FORCIBLE ENTRY AND DETAINER COMPLAINT FILED IN EITHER COUNTY OR6
DISTRICT COURT, AND THE RESIDENT HAS ALSO SUBMITTED A PENDING7
COMPLAINT THROUGH THE "MOBILE HOME PARK ACT DISPUTE8
R
ESOLUTION AND ENFORCEMENT PROGRAM", CREATED IN SECTION9
38-12-1104,
THAT IS RELATED TO THE FORCIBLE ENTRY AND DETAINER10
ACTION, THE RESIDENT MAY PROVIDE A COPY OF THEIR ADMINISTRATIVE11
COMPLAINT TO THE APPROPRIATE COURT OF JURISDICTION . UPON12
RECEIVING CONFIRMATION OF THE PENDING ADMINISTRATIVE COMPLAINT ,13
THE COURT SHALL AUTOMATICALLY STAY ANY HEARING ON THE FORCIBLE14
ENTRY AND DETAINER COMPLAINT FOR AT LEAST THIRTY -ONE CALENDAR15
DAYS, AND THE COURT AT ITS DISCRETION MAY STAY THE FORCIBLE ENTRY16
AND DETAINER COMPLAINT FOR LONGER THAN THIRTY -ONE CALENDAR17
DAYS TO ALLOW FOR APPROPRIATE INVESTIGATION AND ADJUDICATION OF18
THE PENDING ADMINISTRATIVE COMPLAINT . THE RESIDENT SHALL ALSO19
MAKE REASONABLE EFFORTS TO INFORM ADMINISTRATORS OF THE DISPUTE20
RESOLUTION PROGRAM OF THE PENDING FORCIBLE ENTRY AND DETAINER21
ACTION, FOR THE DISPUTE RESOLUTION PROGRAM TO PRIORITIZE22
EXPEDIENT RESOLUTION OF THE PENDING ADMINISTRATIVE COMPLAINT .23
SECTION 7. In Colorado Revised Statutes, 38-12-206, amend24
(3) as follows:25
38-12-206. Home owner meetings - assembly in common areas26
- meeting hosted by landlord. (3) If requested by a home owner or27
HB24-1294
-14- resident, the landlord of a mobile home park shall, within thirty days of1
receiving the request, host and attend a free, public, accessible meeting2
for residents of the park; except that a landlord is not required to host and3
attend more than two meetings in a calendar year. Notice of the date,4
time, and location of the meeting must be posted in both English, and5
Spanish,
AND ANY OTHER LANGUAGE REASONABLY KNOWN TO BE SPOKEN6
BY MORE THAN ONE RESIDENT IN THE PARK in a clearly visible location in7
common areas of the mobile home park, including any community hall or8
recreation hall, for a period of seven days before the meeting and must be9
provided by mail at least fourteen days before the meeting to each home10
owners' association, residents' association, or similar body that represents11
the residents of the park. In addition to mailing the notice as required by12
this section, the landlord shall provide notice of the meeting by e-mail to13
each home owner and resident who has an e-mail address on file with the14
landlord. U
PON THE REQUEST OF A HOME OWNER OR RESIDENT THAT IS15
MADE AT LEAST FORTY-EIGHT HOURS BEFORE THE SCHEDULED MEETING ,16
A LANDLORD SHALL PROVIDE AN INTERPRETER FOR ANY MEETING THAT IS17
HELD PURSUANT TO THIS SECTION PURSUANT TO SECTION 38-12-212.9. IF18
AN INTERPRETER IS PROVIDED , THE LANDLORD SHALL PROVIDE ANY19
DOCUMENTS OR MATERIALS FOR THE MEETING PURSUANT TO SECTION20
38-12-212.9.
THE LANDLORD SHALL BEAR THE COSTS OF PROVIDING THE21
INTERPRETER AND FOR TRANSLATING ANY DOCUMENTS OR MATERIALS22
PROVIDED FOR THE MEETING.23
SECTION 8. In Colorado Revised Statutes, 38-12-209, add (5)24
as follows:25
38-12-209. Fees prohibited. (5) A
LANDLORD SHALL NOT26
CHARGE A RESIDENT OR A HOME OWNER ANY FEE , PENALTY, OR ANY27
HB24-1294
-15- OTHER COST FOR REFUSING TO SIGN A NEW LEASE OR FOR RESIDING UNDER1
A MONTH-TO-MONTH OR OTHER PERIODIC TENANCY .2
SECTION 9. In Colorado Revised Statutes, 38-12-212.3, amend3
(1)(a)(III)(C), (1)(b)(II), and (2)(b)(II); and add (1)(d) and (5.5) as4
follows:5
38-12-212.3. Responsibilities of landlord - acts prohibited.6
(1) (a) Except as otherwise provided in this section:7
(III) A landlord shall ensure that:8
(C) Running water, and reasonable amounts of water, AND9
REASONABLE WATER PRESSURE are furnished at all times to each utility10
pedestal or pad space; except that a landlord need not satisfy the11
conditions described in this subsection (1)(a)(III)(C) if a mobile home is12
individually metered and the tenant occupying the mobile home fails to13
pay for water services; the local government in which the mobile home14
park is situated shuts off water service to a mobile home for any reason;15
weather conditions present a likelihood that water pipes will freeze, water16
pipes to a mobile home are wrapped in heated pipe tape, and the utility17
company has shut off electrical service to a mobile home for any reason18
or the heat tape malfunctions for any reason; running water is not19
available for any other reason outside the landlord's control to prevent20
through reasonable and timely maintenance; or the landlord is making21
repairs or improvements to the items described in subsection (1)(a)(II) of22
this section, the landlord has provided reasonable advance notice to the23
mobile home residents of a service disruption that is required in24
connection with the repairs or improvements, and the service disruption25
continues for no longer than twenty-four hours.26
(b) If a landlord fails to maintain or repair the items described in27
HB24-1294
-16- subsection (1)(a)(II) or (2)(b) of this section:1
(II) The landlord is responsible for and shall pay the cost of2
providing alternative sources of potable water
SUFFICIENT FOR DRINKING,3
COOKING, BATHING, AND ALL OTHER ESSENTIAL HYGIENE FOR ALL4
MEMBERS OF THE HOUSEHOLD, and FOR maintaining portable toilets which
5
portable toilets THAT are located reasonably near affected mobile homes6
in a manner that renders them accessible to people with disabilities, no7
later than twelve hours after the service disruption begins, unless8
conditions beyond the landlord's control
REASONABLY prevent compliance9
with this subsection (1)(b)(II); and10
(d) I
N ADDITION TO THE REQUIREMENTS OF SUBSECTION (1)(b) OF11
THIS SECTION, A LANDLORD MUST ALSO PROVIDE A RESIDENT WITH12
POTABLE WATER, SUFFICIENT FOR DRINKING, COOKING, BATHING, AND ALL13
OTHER ESSENTIAL HYGIENE IF THE MOBILE HOME PARK OR THE RESIDENT14
OR HOME OWNER'S LOT IN THE PARK IS SUBJECT TO A BOIL WATER NOTICE15
THAT WAS CAUSED DUE TO MAINTENANCE OR REPAIRS TO THE PARK . A16
LANDLORD SHALL ALSO PROVIDE A NOTICE , POSTED IN A CONSPICUOUS17
PLACE ON EACH MOBILE HOME LOT IN BOTH ENGLISH AND SPANISH, OF A18
WATER BOIL NOTICE AS SOON AS POSSIBLE BUT NOT LATER THAN19
TWENTY-FOUR HOURS AFTER THE LANDLORD RECEIVES THE WATER BOIL20
NOTICE.21
(2) In addition to the responsibilities described in subsection (1)(a)22
of this section, a landlord is responsible for:23
(b) The premises, including:24
(II) Maintaining roads,
SIDEWALKS, and other pavement owned by25
the landlord in a passable, safe condition that is sufficient to provide26
access for residents' vehicles, emergency vehicles, vans providing27
HB24-1294
-17- transportation services to persons who are elderly or disabled, and school1
buses, if applicable, which maintenance includes snow removal, ensuring2
adequate drainage, and maintaining pavement above water lines;3
(5.5) A
LANDLORD SHALL ESTABLISH A UNIQUE MAILING ADDRESS4
AND MAILBOX FOR EACH MOBILE HOME PARK LOT TO PROVIDE ACCESS TO5
U
NITED STATES MAIL SERVICE AND SHALL INCLUDE THE MAILING ADDRESS6
IN THE RENTAL AGREEMENT . THE MAILBOXES PROVIDED UNDER THIS7
SECTION MAY BE LOCATED IN ONE OR MORE COMMON AREAS LOCATED8
WITHIN THE PARK OR ON INDIVIDUAL LOTS . THE REQUIREMENTS OF THIS9
SUBSECTION (5.5) DO NOT APPLY IF UNITED STATES MAIL SERVICE IS NOT10
AVAILABLE IN THE GEOGRAPHIC AREA WHERE THE PARK IS LOCATED .11
SECTION 10. In Colorado Revised Statutes, 38-12-212.5,12
amend (2)(e) and (2)(f); and add (2)(g) as follows:13
38-12-212.5. Prohibition on retaliation and harassment -14
definition. (2) Except as described in subsection (3) of this section, in an15
action or administrative proceeding by or against a home owner or16
resident, the management's action is presumed to be retaliatory if, within17
the one hundred twenty days preceding the management's action, the18
home owner or resident:19
(e) Participated in a vote or decision-making process concerning20
the opportunity to purchase the mobile home park pursuant to section21
38-12-217; or
22
(f) Filed a water quality complaint or requested remediation to23
address a water quality issue under part 10 of article 8 of title 25;
OR24
(g)
REQUESTED THAT THE LANDLORD PROVIDE COMMUNICATIONS25
REQUIRED IN THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE 12 IN A26
LANGUAGE OTHER THAN ENGLISH.27
HB24-1294
-18- SECTION 11. In Colorado Revised Statutes, add 38-12-212.9 as1
follows:2
38-12-212.9. Language access requirements. (1) E
XCEPT AS3
OTHERWISE PROVIDED IN THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE4
12,
A LANDLORD SHALL PROVIDE ANY NOTICE , DISCLOSURE, OR OTHER5
COMMUNICATION THAT A LANDLORD IS REQUIRED TO PROVIDE TO A6
RESIDENT PURSUANT TO THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE7
12,
IN ENGLISH AND SPANISH. AT ANY TIME, A RESIDENT MAY REQUEST8
THAT A LANDLORD PROVIDE A NOTICE , DISCLOSURE, OR OTHER9
COMMUNICATION IN ONE ADDITIONAL LANGUAGE , OTHER THAN ENGLISH10
OR SPANISH, SPOKEN BY THE RESIDENT . IF A LANDLORD RECEIVES A11
REQUEST TO PROVIDE A NOTICE, DISCLOSURE, OR COMMUNICATION IN AN12
ADDITIONAL LANGUAGE , THE LANDLORD SHALL PROVIDE ANY13
SUBSEQUENT NOTICES, DISCLOSURES, OR COMMUNICATIONS REQUIRED14
PURSUANT TO THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE 12 TO THE15
RESIDENT IN THE REQUESTED LANGUAGE .16
(2) A
T ANY TIME, A RESIDENT MAY REQUEST THAT A LANDLORD17
PROVIDE A WRITTEN NOTICE, DISCLOSURE, OR OTHER COMMUNICATION18
VERBALLY IN ENGLISH ONE TIME TO THE RESIDENT IN ADDITION TO19
PROVIDING THE RESIDENT WITH A WRITTEN NOTICE , DISCLOSURE, OR20
OTHER COMMUNICATION . IF THE LANDLORD RECEIVES A REQUEST TO21
PROVIDE A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION VERBALLY ,22
THE LANDLORD SHALL READ THE NOTICE , DISCLOSURE, OR OTHER23
COMMUNICATION ALOUD TO THE RESIDENT WITHIN SEVENTY -TWO HOURS24
OF THE RESIDENT MAKING THE REQUEST . TO SATISFY THE REQUIREMENT25
OF THIS SUBSECTION (2), A LANDLORD MAY ALSO PROVIDE AN AUDIO OR26
VIDEO RECORDING OF THE NOTICE , DISCLOSURE, OR OTHER27
HB24-1294
-19- COMMUNICATION BEING READ ALOUD .1
(3) A
LANDLORD SHALL ENSURE THAT ANY NOTICE , DISCLOSURE,2
OR OTHER COMMUNICATION REQUIRED PURSUANT TO THIS PART 2 OR PART3
11
OR 13 OF THIS ARTICLE 12 IS WRITTEN IN CLEAR AND PLAIN LANGUAGE4
AND INCLUDES ALL INFORMATION NECESSARY FOR THE RESIDENT TO5
UNDERSTAND THE RESIDENT 'S RIGHTS AND RESPONSIBILITIES . A6
TRANSLATED NOTICE, DISCLOSURE, OR OTHER COMMUNICATION MUST7
ACCURATELY CONVEY THE MEANING OF THE ORIGINAL ENGLISH NOTICE,8
DISCLOSURE, OR OTHER COMMUNICATION. EACH NOTICE, DISCLOSURE, OR9
OTHER COMMUNICATION, REGARDLESS OF THE LANGUAGE, MUST BE CLEAR10
AND UNAMBIGUOUS TO ENSURE THAT IT IS EASILY UNDERSTOOD BY ALL11
PARK RESIDENTS. A LANDLORD SHALL MAKE REASONABLE EFFORTS TO12
PROVIDE A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION IN THE13
SIMPLEST LANGUAGE PRACTICABLE TO CONVEY THE REQUIRED MESSAGE .14
(4) A
RESIDENT MAY RESPOND IN ENGLISH OR SPANISH TO ANY15
NOTICE, DISCLOSURE, OR OTHER COMMUNICATION PROVIDED BY A16
LANDLORD. A RESIDENT WHO HAS REQUESTED THAT A LANDLORD PROVIDE17
A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION IN A LANGUAGE18
OTHER THAN ENGLISH OR SPANISH MAY RESPOND TO THE NOTICE ,19
DISCLOSURE, OR OTHER COMMUNICATION IN THE REQUESTED LANGUAGE .20
(5) A
RESIDENT MAY REQUEST THAT A LANDLORD PROVIDE AN21
INTERPRETER IN ANY LANGUAGE THAT THE RESI DENT USES FOR ANY22
NON-WRITTEN NOTICE, DISCLOSURE, OR OTHER COMMUNICATION WITH23
RESIDENTS, INCLUDING IN A MEETING REQUIRED PURSUANT TO SECTION24
38-12-206.
A LANDLORD SHALL PROVIDE AN INTERPRETER IN THE25
REQUESTED LANGUAGE AND MAY PROVIDE THE INTERPRETATION IN26
PERSON OR VIRTUALLY THROUGH AN INTERPRETATION SERVICE .27
HB24-1294
-20- NON-WRITTEN LANGUAGE INCLUDES AMERICAN SIGN LANGUAGE.1
SECTION 12. In Colorado Revised Statutes, 38-12-213, amend2
(1) introductory portion as follows:3
38-12-213. Rental agreement - disclosure of terms in writing4
- prohibited provisions. (1) The management shall adequately disclose5
the terms and conditions of a tenancy in writing in a rental agreement
IN6
E
NGLISH, OR UPON REQUEST IN BOTH ENGLISH AND SPANISH, to any7
prospective home owner before the rental or occupancy of a mobile home8
space or lot. The disclosures must include:9
SECTION 13. In Colorado Revised Statutes, 38-12-214, amend10
(1) introductory portion, (1)(e), (2.5), (2.7)(a)(II), and (3)(a); repeal and11
reenact, with amendments, (2); and add (2.7)(c) as follows:12
38-12-214. Rules and regulations - amendments - notice -13
complaints. (1) The management shall adopt written rules and14
regulations concerning residents' or home owners' use and occupancy of15
the premises. T
HE MANAGEMENT SHALL PROVIDE A RESIDENT OR HOME16
OWNER WITH A WRITTEN COPY OF THE ADOPTED RULES AND REGULATIONS17
IN ENGLISH AND SPANISH. Except as otherwise provided in this section,18
such rules and regulations are enforceable against a resident or home19
owner only if:20
(e) They are established in the rental agreement at the inception21
of the tenancy, amended subsequently with the written consent of the22
home owner, or, except as described in subsection (2) of this section,23
amended subsequently without the written consent of the home owner24
after the management has provided written notice,
IN BOTH ENGLISH AND25
S
PANISH, of the amendments to the home owner IN A COMMON AREA AND26
IN A CONSPICUOUS PLACE ON EACH HOME OWNER 'S MOBILE HOME LOT at27
HB24-1294
-21- least sixty days before the amendments become effective, and, if1
applicable, enforced in compliance with subsection (3) of this section.2
(2) (a) W
HEN A MOBILE HOME OR ANY ACCESSORY BUILDING OR3
STRUCTURE IS OWNED BY A PERSON OTHER THAN THE OWNER OF THE4
MOBILE HOME PARK IN WHICH THE MOBILE HOME IS LOCATED , THE MOBILE5
HOME AND THE ACCESSORY BUILDING OR STRUCTURE ARE EACH A6
SEPARATE UNIT OF OWNERSHIP. THE ACCESSORY BUILDING OR STRUCTURE7
ARE EACH PRESUMED TO BE OWNED BY THE OWNER OF THE MOBILE HOME8
UNLESS THERE IS A WRITTEN AGREEMENT ESTABLISHING OWNERSHIP BY9
ANOTHER PERSON.10
(b) I
F A RULE OR REGULATION REQUIRES A HOME OWNER TO INCUR11
A COST OR IMPOSES RESTRICTIONS OR REQUIREMENTS ON THE HOME12
OWNER'S RIGHT TO CONTROL WHAT HAPPENS IN OR TO THE MOBILE HOME13
OR ANY ACCESSORY BUILDING OR STRUCTURE , THE RULE OR REGULATION14
IS PRESUMED UNREASONABLE PURSUANT TO SUBSECTION (1)(c) OF THIS15
SECTION UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR16
REGULATION:17
(I) I
S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY18
OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE19
PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS20
REASONABLY POSSIBLE;21
(II) I
S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A22
FEDERAL, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING23
LOCAL NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER24
RESIDENTS;25
(III) I
S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT26
COERCION OR MISREPRESENTATION BY MANAGEMENT , IN WHICH CASE THE27
HB24-1294
-22- RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE1
COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION ;2
OR3
(IV) I
N A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS4
ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN5
ACCORDANCE WITH THE ORGANIZATION 'S BYLAWS AND MORE THAN FIFTY6
PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION .7
(c) R
ULES OR REGULATIONS THAT IMPOSE RESTRICTIONS OR8
REQUIREMENTS ON THE HOME OWNER 'S RIGHT TO CONTROL WHAT HAPPENS9
IN OR TO A HOME OWNER'S MOBILE HOME OR ANY ACCESSORY BUILDING OR10
STRUCTURE INCLUDE, BUT ARE NOT LIMITED TO, THOSE THAT IMPOSE11
REQUIREMENTS RELATED TO THE FOLLOWING :12
(I) T
HE STRUCTURE AND APPEARANCE OF THE MOBILE HOME ,13
BUILDING, OR STRUCTURE, INCLUDING RULES OR REGULATIONS REQUIRING14
AESTHETIC IMPROVEMENTS ;15
(II) W
HO MAY VISIT OR RESIDE AT THE MOBILE HOME , BUILDING,16
OR STRUCTURE;17
(III) L
AWFUL ACTIVITIES TAKING PLACE IN THE MOBILE HOME ,18
BUILDING, OR STRUCTURE; AND19
(IV) R
ESIDENT OCCUPANCY LIMITS THAT ARE STRICTER THAN20
APPLICABLE STATE AND LOCAL OCCUPANCY LAWS .21
(d) B
EGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION (2),22
ANY NOTICE TO QUIT SERVED PURSUANT TO SECTION 38-12-204.3 OR ANY23
COMPLAINT TO TERMINATE TENANCY PURS UANT TO SECTION 38-12-20324
(1)(c)
SHALL INCLUDE A STATEMENT THAT SPECIFICALLY SETS FORTH THE25
BASIS FOR ENFORCEABILITY PURSUANT TO SUBSECTION (1) OF THIS26
SECTION, INCLUDING THE SPECIFIC PURPOSE REQUIRED PURSUANT TO27
HB24-1294
-23- SUBSECTION (1)(a) OF THIS SECTION AND HOW THE RULE OR REGULATION1
IS REASONABLY RELATED TO THE STATED PURPOSE AS REQUIRED2
PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION. A GENERAL3
STATEMENT THAT A RULE OR REGULATION PROMOTES SAFETY OR WELFARE4
IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THIS SUBSECTION5
(2)(d).6
(e) T
HE DIVISION IS AUTHORIZED TO PROMULGATE RULES THAT7
SPECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT ARE NOT8
STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE9
UNENFORCEABLE OR PRESUMPTIVELY UNENFORCEABLE .10
(2.5) (a) Subsection (2) of this section does not prohibit the11
management from requiring compliance by a new home owner with park12
rules and regulations that were not enforceable against the previous home13
owner after the sale or transfer of a mobile home or accessory building or14
structure as described in subsection (2.5)(b) of this section provided that
15
IF the rules or regulations comply with this section and have been duly16
noticed,
IN BOTH ENGLISH AND SPANISH, to all home owners and17
residents, including the seller, pursuant to subsection (1)(e) of this18
section; except that, as used in this subsection (2.5), "transfer" does not19
include a transfer of ownership pursuant to death or divorce or a transfer20
of ownership to a new co-owner who is an immediate family member,21
spouse, or domestic partner of the home owner.22
(b) The management shall not require a home owner selling a23
mobile home or accessory building or structure to ensure that the mobile24
home or accessory building or structure complies with any rules or25
regulations by the closing date of the sale or to bear the costs of26
compliance with any such rules or regulations. If the management27
HB24-1294
-24- requires all prospective buyers to comply with such rules and regulations1
as a condition of gaining tenancy in the park, the management shall2
promptly provide a written list of items for which the management3
requires action to the seller upon receiving notice that the mobile home4
is for sale. The seller shall provide the list to all prospective buyers, and5
the management shall provide the list to the buyer upon receiving an6
application for tenancy. The management shall allow a reasonable amount7
of time after closing for the buyer to bring the mobile home or accessory8
building or structure into compliance, which must be at least thirty days9
from the closing date. D
URING THE PERIOD IN WHICH THE BUYER MAY10
BRING THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE INTO11
COMPLIANCE, THE MANAGEMENT SHALL PROVIDE THE BUYER WITH12
REASONABLE ACCESS TO THE MOBILE HOME OR ACCESSORY BUILDING OR13
STRUCTURE, INCLUDING ACCESS TO THE MOBILE HOME OR ACCESSORY14
BUILDING OR STRUCTURE FOR THE PURPOSE OF STORING BELONGINGS15
UNTIL THE BUYER IS ABLE TO RESIDE IN THE MOBILE HOME .16
(2.7) (a) Notwithstanding any rental agreement, the management17
shall not interfere with a home owner's right to sell a mobile home or18
accessory building or structure, in place or otherwise, to a buyer of the19
home owner's choosing, regardless of the age of the home, except as20
necessary for the management to ensure:21
(II) The financial ability of the home buyer to comply with the22
buyer's obligations as a new tenant
PURSUANT TO SUBSECTION (2.7)(c) OF23
THIS SECTION;24
(c) A
BUYER DEMONSTRATES THE BUYER 'S FINANCIAL ABILITY TO25
COMPLY WITH THE PROVISIONS OF SUBSECTION (2.7)(a)(II) OF THIS26
SECTION IF THE BUYER CAN DEMONSTRATE THAT :27
HB24-1294
-25- (I) THE BUYER HAS A MONTHLY INCOME THAT IS AT LEAST TWO1
HUNDRED PERCENT OF THE SELLER 'S CURRENT MONTHLY LOT RENT FOR2
ONE MONTH; OR3
(II) T
HE BUYER HAS OTHER CASH ASSETS THAT ARE AT LEAST TWO4
HUNDRED PERCENT OF THE SELLER'S CURRENT MONTHLY LOT RENT FOR SIX5
MONTHS.6
(3) (a) If the management provides each home owner written7
notice,
IN BOTH ENGLISH AND SPANISH, of the management's intent to add8
or amend any written rule or regulation as described in subsection (1)(e)9
of this section,
OR IF THE MANAGEMENT INDICATES THAT IT WILL BEGIN10
ENFORCING A RULE OR REGULATION THAT WAS PREVIOUSLY UNENFORCED ,11
a home owner may file a complaint challenging the rule, regulation, or12
amendment pursuant to section 38-12-1105 within sixty days after13
receiving the notice. If a home owner files such a complaint and the new14
or amended rule or regulation will increase a cost to the home owner in15
an amount that equals or exceeds ten percent of the home owner's16
monthly rent obligation under the rental agreement, the management shall17
not enforce the rule, regulation, or amendment unless and until the parties18
reach an agreement concerning the rule, regulation, or amendment or the19
dispute resolution process concludes and the division of housing within
20
the department of local affairs issues a written determination, pursuant to21
section 38-12-1105 (4), that the rule, regulation, or amendment does not22
constitute a violation of this part 2 and may be enforced. Notwithstanding23
any provision of part 11 of this article 12 to the contrary, as part of the24
complaint process described in section 38-12-1105, the management has25
the burden of establishing that the rule, regulation, or amendment satisfies26
the requirements described in subsections (1) and (2) of this section. 27
HB24-1294
-26- SECTION 14. In Colorado Revised Statutes, 38-12-217, amend1
(9)(b)(I) as follows:2
38-12-217. Notice of change of use - notice of sale or closure of3
park - opportunity for home owners to purchase - procedures -4
exemptions - enforcement - private right of action - definition.5
(9) Independence of time limits and notice provisions. (b) (I) A6
landlord is not required to provide a new or subsequent notice of intent7
to sell for each triggering event listed in subsection (1)(a) of this section8
if:9
(A) The new demonstration of intent occurs within sixty calendar10
days of the certified mailing of the most recent notice under subsection11
(2) of this section; and12
(B) There are no material changes to the identity of a potential13
buyer if the landlord has made a conditional agreement with a buyer; to14
the time when the park is listed for sale; or to the price, terms, and15
conditions of an acceptable offer the landlord has received to sell the16
mobile home park or for which the landlord intends to sell the park,17
which were included in the most recent notice provided pursuant to18
subsection (1)(a) of this section;
AND19
(C) T
HE LANDLORD IS ONLY CONSIDERING AN OFFER FROM A20
GROUP OR ASSOCIATION OF HOME OWNERS WHO RESIDE IN THE PARK ;21
EXCEPT THAT A LANDLORD SHALL PROVIDE A NEW OR SUBSEQUENT NOTICE22
IF AT ANY POINT THE LANDLORD RECEIVES OR CONSIDERS AN OFFER FROM23
A DIFFERENT PARTY FOLLOWING A TRIGGERING EVENT SPECIFIED IN24
SUBSECTION (1)(a) OF THIS SECTION.25
SECTION 15. In Colorado Revised Statutes, 38-12-220, add (6)26
as follows:27
HB24-1294
-27- 38-12-220. Private civil right of action. (6) (a) A COURT HAS1
THE DISCRETION TO ORDER THAT A LANDLORD CEASE FROM INCREASING2
RENT ON A MOBILE HOME PARK LOT OR ISSUING A NOTICE OF A RENT3
INCREASE IF THE LANDLORD HAS BEEN NAMED AS A DEFENDANT IN ANY4
PENDING LAWSUIT OR ADMINISTRATIVE COMPLAINT THAT ALLEGES :5
(I) A
VIOLATION OF THE "MOBILE HOME PARK ACT", PART 2 OF6
THIS ARTICLE 12, OR A VIOLATION RELATED TO A MOBILE HOME PARK7
LOCATED IN COLORADO;8
(II) A
VIOLATION OF THE FEDERAL "FAIR HOUSING ACT", 429
U.S.C.
SEC. 3601 ET SEQ., AS AMENDED, OR THE FAIR HOUSING PROVISIONS10
IN PART 5 OF ARTICLE 34 OF TITLE 24; OR11
(III) A
VIOLATION RELATED TO UNLAWFUL PRICE FIXING , ILLEGAL12
PRACTICES CONCERNING RENT , FEES, CONSUMER PROTECTION LAWS ,13
ANTI-TRUST PROTECTIONS, OR FINANCIAL IMPROPRIETY RELATED TO A14
MOBILE HOME PARK.15
(b) A
COURT SHALL ORDER THAT A LANDLORD REFUND A16
HOMEOWNER OR A RESIDENT ANY RENT THAT WAS UNLAWFULLY17
COLLECTED OR RETAINED IN ADDITION TO ANY OTHER REMEDIES OR18
DAMAGES AUTHORIZED UNDER LAW .19
SECTION 16. In Colorado Revised Statutes, 38-12-223, amend20
(1)(c), (1)(d)(IV), and (1)(d)(V); and add (1)(d)(VI), (1)(e), (1)(f), and21
(5.5) as follows: 22
38-12-223. Tenancy and park sale records. (1) A landlord shall23
retain records for each home owner and resident throughout the home24
owner's or resident's tenancy and for twelve months after the tenancy25
ends, including documentation of:26
(c) Written rules and regulations adopted by the current or27
HB24-1294
-28- previous landlord during the home owner's or resident's tenancy; and1
(d) Each request from the home owner or resident relating to the2
following, including whether the landlord at the time approved or3
disapproved each request:4
(IV) Decks, fences, wheelchair ramps, or other structural changes5
to the home or lot; and6
(V) Use of property related to parking of vehicles and use of7
vehicles;
AND8
(VI) A
REQUEST FROM THE RESIDENT OR HOME OWNER THAT9
NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS BE PROVIDED IN A10
LANGUAGE OTHER THAN ENGLISH;11
(e) A
PAYMENT LEDGER THAT DOCUMENTS ANY RENT OR OTHER12
TYPE OF PAYMENT FROM A RESIDENT OR HOME OWNER , THE AMOUNT PAID,13
AND THE DATE THE PAYMENT WAS MADE ; AND14
(f) W
RITTEN NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS15
PROVIDED TO RESIDENTS AND HOME OWNERS WHO HAVE REQUESTED THAT16
THE LANDLORD PROVIDE NOTICES , DISCLOSURES, OR OTHER17
COMMUNICATIONS IN A LANGUAGE OTHER THAN ENGLISH.18
(5.5) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5) OF19
THIS SECTION, AT ANY POINT DURING A TENANCY OR TWELVE MONTHS20
AFTER A TENANCY HAS ENDED , A RESIDENT MAY REQUEST A COPY OF21
THEIR PAYMENT LEDGER AND THE LANDLORD SHALL PROVIDE A COPY22
WITHIN SEVEN CALENDAR DAYS .23
SECTION 17. In Colorado Revised Statutes, add 38-12-1105.524
as follows:25
38-12-1105.5. Sale or change in control of the park - complaint26
pending - duties of landlord. (1) I
F THERE IS A SALE OR OTHER CHANGE27
HB24-1294
-29- IN CONTROL OF A MOBILE HOME PARK WHILE A COMPLAINT FILED1
PURSUANT TO SECTION 38-12-1105 IS PENDING BEFORE THE DIVISION OR2
PRIOR TO THE LANDLORD'S COMPLIANCE WITH ALL REMEDIAL ACTIONS3
AND PENALTIES ORDERED BY THE DIVISION AS A RESULT OF A COMPLAINT4
THAT WAS PREVIOUSLY FILED , THE LANDLORD AT THE TIME THAT THE5
COMPLAINT WAS FILED SHALL , AS A PRIOR CONDITION OF THE SALE OR6
CHANGE IN CONTROL OF THE MOBILE HOME PARK :7
(a) P
ROVIDE ALL DOCUMENTS RELATED TO THE COMPLAINT ,8
INCLUDING ANY NOTICE OF VIOLATION OR FINAL AGENCY ORDER ISSUED9
BY THE DIVISION, TO A PROSPECTIVE BUYER AS PART OF THE DUE10
DILIGENCE PROCESS OF ANY SALE;11
(b) P
AY ALL PENALTIES ORDERED BY THE DIVISION IN A FINAL12
AGENCY ORDER AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE13
DIVISION; AND14
(c) F
OR A PENDING COMPLAINT IN WHICH THE DIVISION HAS NOT15
ISSUED A FINAL AGENCY ORDER , IF REQUESTED BY THE PROSPECTIVE16
BUYER OR ORDERED BY THE DIVISION, PLACE INTO AN ESCROW ACCOUNT17
MONEY SUFFICIENT TO COVER THE MAXIMUM PENALTY THAT COULD BE18
ASSESSED BY THE DIVISION. THE SELLER IS ENTITLED TO THE RETURN OF19
MONEY PLACED IN ESCROW IF NO VIOLATION IS FOUND IN A FINAL AGENCY20
ORDER.21
(2) I
F THE DIVISION ORDERS ONE OR MORE REMEDIAL ACTIONS IN22
A FINAL AGENCY ORDER PRIOR TO THE SALE OF A MOBILE HOME PARK :23
(a) T
HE LANDLORD SHALL COMPLETE ALL REMEDIAL ACTIONS24
PRIOR TO THE SALE AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE25
DIVISION; OR26
(b) T
HE LANDLORD AND THE PROSPECTIVE BUYER SHALL JOINTLY27
HB24-1294
-30- SUBMIT TO THE DIVISION A WRITTEN REMEDIAL PLAN THAT REQUIRES ALL1
REMEDIAL ACTIONS TO BE COMPLETED WITHIN ONE YEAR . THE DIVISION2
MAY ACCEPT OR REJECT THE PROPOSED REMEDIAL PLAN AND ASSESS3
PENALTIES AGAINST EITHER PARTY IF A REMEDIAL PLAN SUBMITTED4
PURSUANT TO THIS SECTION IS NOT COMPLETED .5
(3) I
F THERE IS A SALE OR OTHER CHANGE IN CONTROL OF A6
MOBILE HOME PARK WHILE A COMPLAINT IS PENDING BEFORE THE7
DIVISION, THE DIVISION MAY ADD ANY LANDLORD SUCCESSOR IN INTEREST8
AS A PARTY WITH NO FURTHER ACTION NEEDED BY THE FILING PARTY .9
SECTION 18. In Colorado Revised Statutes, add part 13 to10
article 12 of title 38 as follows:11
PART 1312
RENT-TO-OWN MOBILE HOME CONTRACTS13
38-12-1301. Mobile home rent-to-own contracts - general14
provisions - definition. (1) A
S USED IN THIS PART 13, UNLESS THE15
CONTEXT OTHERWISE REQUIRES :16
(a) "P
URCHASE PAYMENT" MEANS ANY KIND OF PAYMENT THAT IS17
CREDITED TO THE PURCHASER TOWARD THE PURCHASE PRICE OF A MOBILE18
HOME, REGARDLESS OF HOW THE PAYMENT IS DENOMINATED .19
(b) "R
ENT-TO-OWN CONTRACT" MEANS ANY RENT -TO-OWN,20
LEASE-TO-OWN, PURCHASE OPTION, OR OTHER AGREEMENT IN WHICH THE21
PURCHASER OF A MOBILE HOME AGREES TO OR RECEIVES THE OPTION TO22
PURCHASE THE MOBILE HOME OVER A PERIOD MUTUALLY AGREED UPON23
WITH THE SELLER OF THE MOBILE HOME .24
(2) T
HIS PART 13 APPLIES ONLY TO A RENT-TO-OWN CONTRACT FOR25
A MOBILE HOME LOCATED IN A MOBILE HOME PARK AND WHEN THE SELLER26
OF THE MOBILE HOME:27
HB24-1294
-31- (a) IS THE LANDLORD OF THE MOBILE HOME PARK ; OR1
(b) O
WNS MORE THAN ONE MOBILE HOME IN COLORADO.2
(3) T
HE PURCHASER UNDER A RENT-TO-OWN CONTRACT IS DEEMED3
TO BE A "HOME OWNER", AS THAT TERM IS DEFINED IN SECTION4
38-12-201.5
(2), AND HAS ALL OF THE RIGHTS OF A HOME OWNER UNDER5
PART 2 OF THIS ARTICLE 12, UNLESS OTHERWISE SPECIFIED IN THIS PART 136
OR UNTIL THE RENT -TO-OWN CONTRACT IS VALIDLY TERMINATED7
PURSUANT TO THIS PART 13.8
(4) I
F THE SELLER OF A MOBILE HOME IS THE LANDLORD OF A9
MOBILE HOME PARK, THE SELLER SHALL DISCLOSE ALL RENT -TO-OWN10
CONTRACTS TO WHICH THE SELLER IS A PARTY ON THE ANNUAL11
REGISTRATION REQUIRED PURSUANT TO SECTION 38-12-1106.12
38-12-1302. Mobile home rent-to-own contracts -13
requirements - terms - termination. (1) A
RENT-TO-OWN CONTRACT14
MUST BE IN WRITING AND SIGNED BY THE PURCHASER AND THE SELLER OF15
THE MOBILE HOME. A RENT-TO-OWN CONTRACT THAT IS NOT IN WRITING16
OR THAT IS NOT SIGNED BY BOTH THE PURCHASER AND THE SELLER IS NOT17
ENFORCEABLE BY THE SELLER.18
(2) A
RENT-TO-OWN CONTRACT MUST BE IN EITHER ENGLISH OR19
BOTH ENGLISH AND SPANISH, AS REQUESTED BY THE PURCHASER .20
(3) B
EFORE ENTERING INTO A RENT -TO-OWN CONTRACT, THE21
SELLER OF THE MOBILE HOME MUST PROVIDE THE PURCHASER WITH THE22
FOLLOWING:23
(a) P
ROOF OF THE SELLER'S OWNERSHIP OF THE MOBILE HOME ,24
INCLUDING A COPY OF THE SELLER'S VALID CERTIFICATE OF TITLE TO THE25
MOBILE HOME; AND26
(b) A
COPY OF A PROFESSIONAL APPRAISAL OF THE MOBILE HOME27
HB24-1294
-32- DISCLOSING THE MOBILE HOME 'S FAIR MARKET VALUE AS OF A DATE1
WITHIN TWO YEARS OF THE DATE OF THE RENT -TO-OWN CONTRACT. THE2
SELLER OF THE MOBILE HOME MUST PROVIDE THE APPRAISAL IN EITHER3
E
NGLISH OR BOTH ENGLISH AND SPANISH, AS REQUESTED BY THE4
PURCHASER.5
(4) A
RENT-TO-OWN CONTRACT MUST CONTAIN THE FOLLOWING6
INFORMATION:7
(a) T
HE MANUFACTURER OF THE MOBILE HOME AND THE DATE OF8
MANUFACTURE;9
(b) T
HE VEHICLE IDENTIFICATION NUMBER OR OTHER IDENTIFYING10
NUMBER OF THE MOBILE HOME ;11
(c) T
HE MOBILE HOME PARK AND THE LOT NUMBER WITHIN THE12
MOBILE HOME PARK ON WHICH THE MOBILE HOME IS LOCATED ;13
(d) A
LIST OF FIXTURES THAT ARE INCLUDED IN OR EXCLUDED14
FROM THE PURCHASE OF THE MOBILE HOME ;15
(e) A
LIST OF IMPROVEMENTS TO THE MOBILE HOME THAT ARE16
INCLUDED IN OR EXCLUDED FROM THE PURCHASE ;17
(f) T
HE TERM OF THE RENT-TO-OWN CONTRACT;18
(g) T
HE TOTAL PURCHASE PRICE OF THE MOBILE HOME ;19
(h) T
HE NUMBER OF PURCHASE PAYMENTS THAT THE PURCHASER20
MUST MAKE UNDER THE RENT -TO-OWN CONTRACT AND THE AM OUNT OF21
EACH PAYMENT;22
(i) T
HE INTEREST RATE, IF ANY, TO BE CHARGED ON ANY23
OUTSTANDING BALANCE OF THE PURCHASE PRICE , THE AMOUNT OF24
INTEREST PAYABLE WITH EACH PURCHASE PAYMENT , AND THE TOTAL25
INTEREST TO BE PAID OVER THE TERM OF THE RENT -TO-OWN CONTRACT;26
(j) T
HE FEE, IF ANY, THAT THE PURCHASER MUST PAY AS27
HB24-1294
-33- CONSIDERATION FOR THE RENT -TO-OWN OPTION. IF AN OPTION FEE IS1
REQUIRED, THE AMOUNT OF THE FEE SHALL NOT EXCEED THE COST TO2
TRANSFER THE TITLE OF THE MOBILE HOME IN THE COUNTY IN WHICH THE3
MOBILE HOME IS LOCATED; AND4
(k) A
SEPARATE TERM LISTING THE AMOUNT OF RENT TO BE PAID5
EACH MONTH FOR THE MOBILE HOME THAT IS IN ADDITION TO THE6
PURCHASE PAYMENT.7
(5) B
EFORE ENTERING INTO A RENT -TO-OWN CONTRACT, THE8
PURCHASER HAS THE RIGHT TO INSPECT THE MOBILE HOME AND TO HAVE9
THE MOBILE HOME PROFESSIONALLY INSPECTED AT THE PURCHASER 'S10
EXPENSE. THE SELLER SHALL MAKE REASONABLE EFFORTS TO MAKE THE11
MOBILE HOME AVAILABLE FOR INSPECTION .12
(6) T
HE AMOUNT OF THE PURCHASE PAYMENT IS SET AT THE SAME13
AMOUNT FOR EACH PAYMENT UNDER THE CONTRACT . A RENT-TO-OWN14
CONTRACT SHALL NOT REQUIRE A PURCHASER TO MAKE ONE PURCHASE15
PAYMENT IN AN AMOUNT THAT IS LARGER THAN ANY OTHER PURCHASE16
PAYMENT.17
(7) A
T ANY TIME DURING THE TERM OF THE RENT -TO-OWN18
CONTRACT, THE PURCHASER MAY PAY ADDITIONAL AMOUNTS TOWARDS19
THE BALANCE OWED ON THE TOTAL PURCHASE PRICE OF THE MOBILE20
HOME, INCLUDING PAYING THE BALANCE IN FULL , WITHOUT INCURRING21
ANY PENALTY OR ANY ADDITIONAL INTEREST CHARGED .22
(8) (a) T
HE PURCHASER IN ANY RENT-TO-OWN CONTRACT HAS THE23
RIGHT TO TERMINATE THE CONTRACT BEFORE THE END OF THE TERM OF24
THE CONTRACT. TO EXERCISE THE RIGHT TO TERMINATE THE CONTRACT ,25
THE PURCHASER MUST GIVE THE SELLER AT LEAST THIRTY DAYS ' WRITTEN26
NOTICE OF THE PURCHASER'S INTENT TO TERMINATE THE RENT-TO-OWN27
HB24-1294
-34- CONTRACT. AT THE CONCLUSION OF THE THIRTY DAYS ' NOTICE TO1
TERMINATE, THE SELLER MUST RETURN TO THE PURCHASER ALL PURCHASE2
PAYMENTS MADE BY THE PURCHASER REDUCED BY ANY THEN -OWED RENT3
UNDER THE CONTRACT.4
(b) I
F THE PURCHASER OF THE MOBILE HOME TERMINATES THE5
RENT-TO-OWN CONTRACT, THE TERMINATION SHALL NOT AFFECT ANY6
MOBILE HOME LEASE AGREED ON BY THE PURCHASER AND THE SELLER OF7
THE MOBILE HOME. ANY MOBILE HOME LEASE REMAINS IN FULL FORCE8
AND EFFECT AND MAY ONLY BE TERMINATED PURSUANT TO APPLICABLE9
LANDLORD-TENANT LAW.10
(9) (a) T
HE SELLER OF A MOBILE HOME MAY TERMINATE A11
RENT-TO-OWN CONTRACT ONLY FOR ONE OF THE FOLLOWING REASONS :12
(I) T
HE PURCHASER OF THE MOBILE HOME FAILED TO TIMELY MAKE13
A PURCHASE AND INTEREST PAYMENT UNDER THE RENT -TO-OWN14
CONTRACT, THE SELLER HAS GIVEN THE PURCHASER WRITTEN NOTICE OF15
THE FAILURE TO PAY, AND THE PURCHASER HAS NOT CURED THE PAYMENT16
DEFICIT WITHIN THIRTY DAYS OF RECEIVING WRITTEN NOTICE ; OR17
(II) T
HE PURCHASER COMMITTED AN ACTION RELATED TO THE18
MOBILE HOME PURCHASER 'S MOBILE HOME LEASE THAT LED TO A VALID19
AND EXECUTED WRIT OF RESTITUTION .20
(b) I
F THE SELLER OF A MOBILE HOME TERMINATES A21
RENT-TO-OWN CONTRACT PURSUANT TO THIS SUBSECTION (9), THE SELLER22
SHALL RETURN TO THE PURCHASER ALL PURCHASE PAYMENTS MADE BY23
THE PURCHASER NO LATER THAN TEN CALENDAR DAYS AFTER THE24
RENT-TO-OWN CONTRACT TERMINATES . IF THE PURCHASER OWES ANY25
RENT TO THE SELLER, THE SELLER MAY REDUCE THE RETURNED PURCHASE26
PAYMENT BY THE AMOUNT OF RENT THE PURCHASER OWES TO THE SELLER .27
HB24-1294
-35- (c) IF THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE1
RENT-TO-OWN CONTRACT BECAUSE THE MOBILE HOME BECOMES2
ENCUMBERED AS A RESULT OF LEGAL ACTIONS TAKEN AGAINST THE3
SELLER, THEN THE SELLER SHALL PROVIDE THE PURCHASER WITH PROOF OF4
THE ENCUMBRANCE AND SHALL RETURN TO THE PURCHASER ALL5
PURCHASE AND INTEREST PAYMENTS MADE BY THE PURCHASER WITHIN6
TEN CALENDAR DAYS OF THE DATE THAT THE SELLER KNEW OR7
REASONABLY SHOULD HAVE KNOWN THAT IT WOULD NOT BE POSSIBLE TO8
COMPLY WITH THE RENT-TO-OWN CONTRACT.9
(d) I
F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE10
RENT-TO-OWN CONTRACT BECAUSE THE MOBILE HOME PARK IN WHICH THE11
MOBILE HOME IS LOCATED IS CONDEMNED OR CHANGES USE PURSUANT TO12
SECTION 38-12-203 (1)(d), THE SELLER SHALL RETURN TO THE PURCHASER13
ALL PURCHASE AND INTEREST PAYMENTS MADE BY THE PURCHASER14
WITHIN TEN DAYS OF THE PURCHASER RECEIVING WRITTEN NOTICE OF THE15
CONDEMNATION OR CHANGE IN USE PURSUANT TO SECTION 38-12-20316
(1)(d).
IF THE SELLER IS THE LANDLORD OF THE MOBILE HOME PARK AND17
CANNOT COMPLY WITH THE RENT -TO-OWN CONTRACT BECAUSE THE18
MOBILE HOME PARK IN WHICH THE MOBILE HOME IS LOCATED IS19
CONDEMNED OR CHANGES USE PURSUANT TO SECTION 38-12-203 (1)(d),20
THE SELLER SHALL ALSO PAY THE BUYER REASONABLE RELOCATION21
EXPENSES PURSUANT TO SECTION 38-12-203.5 (2)(b)(I).22
38-12-1303. Duties of the seller. (1) F
OR ANY RENT-TO-OWN23
CONTRACT, THE SELLER OF THE MOBILE HOME SHALL :24
(a) M
AINTAIN HABITABILITY OF THE MOBILE HOME IN25
ACCORDANCE WITH THE REQUIREMENTS OF PART 5 OF THIS ARTICLE 1226
AND ANY OTHER APPLICABLE STATE OR LOCAL LAW , UNTIL THE27
HB24-1294
-36- PURCHASER BECOMES THE OWNER OF THE MOBILE HOME AND RECEIVES1
THE TITLE TO THE MOBILE HOME FROM THE SELLER OR UNTIL THE LOT2
LEASE AND MOBILE HOME LEASE ARE LEGALLY AND VALIDLY3
TERMINATED;4
(b) E
NSURE THAT THE MOBILE HOME IS HABITABLE UNDER STATE5
AND LOCAL LAW BEFORE ENTERING INTO A RENT -TO-OWN AGREEMENT;6
(c) B
EAR THE REASONABLE COSTS OF REPAIRS OR MAINTENANCE7
RELATED TO THE MOBILE HOME DURING THE TERM OF THE RENT -TO-OWN8
CONTRACT SO LONG AS THE REPAIR OR MAINTENANCE WAS NOT CAUSED9
BY THE PURCHASER'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ;10
(d) T
IMELY PAY ALL PROPERTY TAXES ASSESSED ON THE MOBILE11
HOME UNTIL THE PURCHASER BECOMES THE OWNER OF THE MOBILE HOME12
AND RECEIVES THE TITLE TO THE MOBILE HOME FROM THE SELLER . THE13
SELLER MAY PRORATE ANY PROPERTY TAXES OWED AT THE TIME THE TITLE14
TO THE MOBILE HOME IS TRANSFERRED ; AND15
(e) R
ETURN TO THE PURCHASER OF THE MOBILE HOME ALL16
PURCHASE AND INTEREST PAYMENTS MADE BY THE PURCHASER IF THE17
MOBILE HOME IS RENDERED UNFIT FOR HABITATION BY CAUSES OUTSIDE18
OF EITHER THE PURCHASER 'S OR THE SELLER'S CONTROL. IF THE19
PURCHASER OWES THE SELLER ANY MONEY RELATED TO THE MOBILE HOME20
LEASE AT THE TIME A MOBILE HOME IS DESTROYED , THE SELLER MAY21
DEDUCT THE OWED MONEY FROM ANY ACCUMULATED PURCHASE22
PAYMENTS. THE SELLER SHALL RETURN THE ACCUMULATED PURCHASE23
PAYMENTS WITHIN TEN DAYS OF THE DATE THE MOBILE HOME WAS24
DESTROYED.25
38-12-1304. Concurrent mobile home leases. (1) F
OR A26
RENT-TO-OWN CONTRACT COVERED UNDER THIS PART 13, THE SELLER27
HB24-1294
-37- MUST OFFER THE PURCHASER A MOBILE HOME LEASE FOR A PERIOD1
EQUIVALENT TO THE PERIOD IN WHICH THE PURCHASER HAS TO COMPLETE2
THE PURCHASE OF THE MOBILE HOME . A SELLER SHALL NOT CHARGE3
MOBILE HOME RENT PAYMENTS GREATER THAN THE RENT CHARGED FOR4
MOBILE HOMES THAT ARE SIMILARLY SIZED IN SQUARE FOOTAGE AND5
SIMILARLY POSITIONED IN THE PARK AND SHALL BE GOVERNED BY6
APPLICABLE STATE LAWS, INCLUDING THIS PART 13.7
(2) F
OR A RENT-TO-OWN CONTRACT WHEN THE SELLER IS THE8
OWNER OF MORE THAN ONE MOBILE HOME WITHIN THE SAME MOBILE HOME9
PARK AND IS NOT THE LANDLORD OF THE PARK , THE SELLER SHALL NOT10
ENTER INTO A RENT-TO-OWN CONTRACT UNLESS THE SELLER 'S RENTAL11
AGREEMENT WITH THE LANDLORD OF THE MOBILE HOME PARK OR ANY12
BINDING ADDENDUM TO THE RENTAL AGREEMENT SPECIFICALLY PERMITS13
THE SELLER TO SUBLEASE AND SELL THE MOBILE HOME AND THE SELLER14
HAS SATISFIED ANY REQUIREMENTS OF THE LANDLORD OF THE MOBILE15
HOME PARK RELATED TO SUBLESSEES AND THE SALE OF MOBILE HOMES . IF16
A SELLER FAILS TO SATISFY THE REQUIREMENTS OF THIS SUBSECTION (2),17
THE RENT-TO-OWN CONTRACT IS INVALID AND UNENFORCEABLE BY THE18
SELLER, AND THE SELLER MUST RETURN TO THE PURCHASER , WITHIN TEN19
CALENDAR DAYS, ANY PURCHASE PAYMENTS AND ANY OTHER MONEY20
THAT THE SELLER HAS RECEIVED FROM THE PURCHASER .21
(3) A
MOBILE HOME LEASE MUST BE A SEPARATE DOCUMENT FROM22
THE RENT-TO-OWN CONTRACT.23
38-12-1305. Recordkeeping. (1) F
OR ANY RENT-TO-OWN24
CONTRACT, THE SELLER OF THE MOBILE HOME SHALL MAINTAIN A25
SEGREGATED ACCOUNT INTO WHICH ALL OF THE PURCHASER 'S PURCHASE26
PAYMENTS ARE DEPOSITED . THE SELLER SHALL NOT COMMINGLE THE27
HB24-1294
-38- PURCHASER'S PURCHASE PAYMENTS WITH OTHER MONEY . THE SELLER MAY1
KEEP ANY INTEREST EARNED ON A DEPOSIT OF PURCHASE PAYMENTS AS2
COMPENSATION FOR ADMINISTERING THE ACCOUNT .3
(2) T
HE SELLER OF THE MOBILE HOME SHALL PROVIDE THE4
PURCHASER WITH AN ANNUAL ACC OUNTING RELATED TO THE5
RENT-TO-OWN CONTRACT. THE ACCOUNTING IS DUE TO THE PURCHASER6
EACH YEAR WITHIN TEN DAYS OF THE ANNIVERSARY DATE OF THE7
RENT-TO-OWN CONTRACT. AT A MINIMUM, THE ACCOUNTING SHALL8
DISCLOSE THE TOTAL AMOUNT IN PURCHASE PAYMENTS MADE , THE TOTAL9
AMOUNT OF THE PURCHASE PRICE REMAINING TO BE PAID , AND ANY10
EXPENSES PAID BY THE SELLER DURING THE ACCOUNTING PERIOD TO11
REPAIR OR MAINTAIN THE MOBILE HOME . THE ACCOUNTING SHALL BE12
PROVIDED TO THE PURCHASER IN ENGLISH OR ENGLISH AND SPANISH, AS13
REQUESTED BY THE PURCHASER .14
38-12-1306. Sale of mobile home park. A
SUCCESSOR OWNER OF15
A MOBILE HOME PARK IS BOUND BY THE TERMS OF ANY RENT -TO-OWN16
CONTRACT ENTERED INTO BY THE PRIOR OWNER OF THE PARK AS OF THE17
DATE OF THE CHANGE IN PARK OWNERSHIP . A PURCHASER WITH A VALID18
RENT-TO-OWN CONTRACT MAY , FOR ANY REASON , TERMINATE THE19
RENT-TO-OWN CONTRACT WITH A PARK OWNER AND ANY SUCCESSOR20
OWNER UPON A CHANGE IN THE OWNERSHIP OF THE PARK .21
38-12-1307. Unfounded or retaliatory evictions. (1) F
OR ANY22
RENT-TO-OWN CONTRACT, IF THE SELLER OF THE MOBILE HOME EVICTS OR23
ATTEMPTS TO EVICT A PURCHASER FOR ANY WRONGFUL OR RETALIATORY24
REASON OR ANY REASON UNSUPPORTED BY THE PROVISIONS OF SECTIONS25
38-12-203
AND 38-12-204, THE PURCHASER IS ENTITLED TO RECOVER26
TREBLE DAMAGES. FOR PURPOSES OF CALCULATING DAMAGES , THE27
HB24-1294
-39- MINIMUM AMOUNT OF DAMAGES IS AT LEAST THE AMOUNT OF PURCHASE1
PAYMENTS THEN MADE BY THE PURCHASER . IN ADDITION TO MINIMUM2
DAMAGES, THE PURCHASER IS ALSO ENTITLED TO ANY OTHER ACTUAL3
DAMAGES.4
(2) I
F A SELLER EVICTS OR ATTEMPTS TO EVICT A PURCHASER FOR5
ANY WRONGFUL OR RETALIATORY REASON OR ANY REASON UNSUPPORTED6
BY THE PROVISIONS OF SECTIONS 38-12-203 AND 38-12-204, A COURT7
SHALL AWARD ATTORNEY 'S FEES AND EXPENSES TO THE PURCHASER .8
38-12-1308. Rent-to-own contract - conclusion. (1) F
OR ANY9
RENT-TO-OWN CONTRACT, THE SELLER OF THE MOBILE HOME MUST10
TRANSFER THE TITLE OF THE MOBILE HOME TO THE PURCHASER WITHIN11
FIVE DAYS OF RECEIVING THE FINAL PURCHASE PAYMENT . THE SELLER12
SHALL TRANSFER THE TITLE TO THE MOBILE HOME WITHOUT PLACING ANY13
RESTRICTIONS ON THE TITLE OR ON THE PURCHASER 'S OWNERSHIP RIGHTS14
TO THE MOBILE HOME.15
(2) B
EFORE TRANSFERRING THE TITLE OF A MOBILE HOME TO THE16
PURCHASER, THE SELLER MUST PAY ANY THEN -OWED PROPERTY TAXES17
ASSESSED ON THE MOBILE HOME , PRORATED TO THE DATE OF THE18
TRANSFER OF THE TITLE.19
(3) A
SELLER SHALL NOT IMPOSE ANY OTHER FEES , CHARGES, OR20
OTHER COSTS ON THE PURCHASE OF A MOBILE HOME AS A CONDITION OF21
CONCLUDING THE RENT-TO-OWN CONTRACT.22
(4) I
N ADDITION TO ALL OTHER REMEDIES AVAILABLE PURSUANT23
TO SECTION 38-12-220 AND OTHER STATE LAW, IF THE SELLER OF A MOBILE24
HOME HAS FAILED TO PROPERLY REPAIR OR MAINTAIN THE MOBILE HOME25
AS REQUIRED BY SECTION 38-12-1303 AT THE TIME THE PURCHASER OF A26
MOBILE HOME MAKES THE FINAL PAYMENT UNDER THE RENT -TO-OWN27
HB24-1294
-40- CONTRACT, THE PURCHASER MAY EXERCISE THE PURCHASER 'S RIGHT OF1
PRIVATE ACTION PURSUANT TO SECTION 38-12-220. IF THE PURCHASER2
PREVAILS, IN ADDITION TO DAMAGES AVAILABLE PURSUANT TO SECTION3
38-12-220,
A COURT MAY AWARD TREBLE DAMAGES IF THE COURT4
DETERMINES THAT THE SELLER 'S FAILURE TO REPAIR OR MAINTAIN THE5
MOBILE HOME WAS NEGLIGENT OR WILLFUL .6
SECTION 19. In Colorado Revised Statutes, 24-31-101, amend7
(1)(i)(XVII) and (1)(i)(XVIII); and add (1)(i)(XIX) as follows:8
24-31-101. Powers and duties of attorney general. (1) The9
attorney general:10
(i) May independently initiate and bring civil and criminal actions11
to enforce state laws, including actions brought pursuant to:12
(XVII) The "Rental Application Fairness Act", part 9 of article 1213
of title 38; and
14
(XVIII) The "Reproductive Health Equity Act", part 4 of article15
6 of title 25;
AND16
(XIX) P
ART 13 OF ARTICLE 12 OF TITLE 38.17
SECTION 20. Safety clause. The general assembly finds,18
determines, and declares that this act is necessary for the immediate19
preservation of the public peace, health, or safety or for appropriations for20
the support and maintenance of the departments of the state and state21
institutions.22
HB24-1294
-41-