Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
REENGROSSED
This Version Includes All Amendments
Adopted in the House of Introduction
LLS NO. 24-0093.01 Nicole Myers x4326
HOUSE BILL 24-1294
House Committees Senate Committees
Transportation, Housing & Local Government
Appropriations
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 AND MAKING AN104
APPROPRIATION.105
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
HOUSE
3rd Reading Unamended
April 14, 2024
HOUSE
Amended 2nd Reading
April 11, 2024
HOUSE SPONSORSHIP
Boesenecker and Velasco, Amabile, Bacon, Bird, Brown, Duran, Epps, Froelich, Garcia,
Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Mabrey, Marshall, Marvin,
McCluskie, McCormick, McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Story,
Titone, Valdez, Vigil, Willford
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. (park) has the same responsibilities as the management or
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
1294
-2- the administrative complaint;
! 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;
1294
-3- ! Specifies that a rule or regulation that requires a home
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
1294
-4- and the seller of a mobile home in connection with an agreement in which
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
1294
-5- the landlord of the park, prohibits the seller from entering
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),
and (6); and add (1.5) as follows:3
38-12-201.5. Definitions. As used in this part 2 and in part 114
PARTS 11 AND 13 of this article 12, unless the context otherwise requires:5
1294-6- (1) "Entry fee" means any fee paid to or received from an owner1
of a mobile home park or an agent thereof except for:2
(a) Rent;3
(b) A security deposit to pay for actual damages to the premises4
or to secure rental payments;5
(c) Fees charged by any governmental agency of the state, a6
county, a town, or a city;7
(d) Utilities;8
(e) Incidental reasonable charges for services actually performed9
by the mobile home park owner or the mobile home park owner's agent10
and agreed to in writing by the home owner;11
(f) Late fees; and12
(g) Membership fees paid to join a resident or home owner13
cooperative that owns the mobile home park or other parks qualifying as14
common interest communities pursuant to the "Colorado Common15
Interest Ownership Act", article 33.3 of this title 38. "DIVISION" MEANS16
THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS .17
(1.5) "E
NTRY FEE" MEANS ANY FEE PAID TO OR RECEIVED FROM AN18
OWNER OF A MOBILE HOME PARK OR AN AGENT THEREOF EXCEPT FOR :19
(a) R
ENT;20
(b) A
SECURITY DEPOSIT TO PAY FOR ACTUAL DAMAGES TO THE21
PREMISES OR TO SECURE RENTAL PAYMENTS ;22
(c) F
EES CHARGED BY ANY GOVERNMENTAL AGENCY OF THE23
STATE, A COUNTY, A TOWN, OR A CITY;24
(d) U
TILITIES;25
(e) I
NCIDENTAL REASONABLE CHARGES FOR SERVICES ACTUALLY26
PERFORMED BY THE MOBILE HOME PARK OWNER OR THE MOBILE HOME27
1294
-7- PARK OWNER'S AGENT AND AGREED TO IN WRITING BY THE HOME OWNER ;1
(f) L
ATE FEES; AND2
(g) M
EMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER3
COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS4
QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE5
"C
OLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS6
TITLE 38.7
(2) "Home owner" means any person or family of a person who8
owns a mobile home that is subject to a tenancy in a mobile home park9
under a rental agreement. "H
OME OWNER" INCLUDES A RESIDENT WHO IS10
UNDER A
RENT-TO-OWN CONTRACT PURSUANT TO PART 13 OF THIS11
ARTICLE 12 THAT HAS NOT BEEN TERMINATED .12
13
(6) "Mobile home park" or "park" means a parcel of land used for14
the continuous accommodation of five or more occupied mobile homes15
and operated for the pecuniary benefit of the owner of the parcel of land16
or the owner's agents, lessees, or assignees FOR WHICH THE MANAGEMENT17
OR LANDLORD HAS A RENTAL AGREEMENT WITH A TENANT FOR A MOBILE18
HOME OR LOT OR IS RECEIVING RENT PAYMENTS FOR A MOBILE HOME OR19
LOT FROM A TENANT OR A THIRD PARTY. "Mobile home park" does not20
include mobile home subdivisions or property zoned for manufactured21
home subdivisions. For purposes of this definition, the parcel of land22
comprising the mobile home park does not need to be contiguous, but23
must be in the same neighborhood as determined by the division.24
SECTION 2. In Colorado Revised Statutes, 38-12-203, amend25
(1)(c) introductory portion as follows:26
38-12-203. Reasons for termination. (1) The management of a27
1294
-8- mobile home park may terminate a tenancy only for one or more of the1
following reasons:2
(c) Except in the case of a home owner who cures a3
noncompliance as described in section 38-12-202 (3), failure of the home4
owner to comply with written rules and regulations of the mobile home5
park that are enforceable pursuant to section 38-12-214 (1) SECTION6
38-12-214, are necessary to prevent material damage to real or personal7
property or to the health or safety of one or more individuals, and were: 8
SECTION 3. In Colorado Revised Statutes, 38-12-203.5, amend9
(2) introductory portion as follows:10
38-12-203.5. Change in use of the park - remedies for home11
owners - definitions. (2) If a landlord intends to change the use of the12
land comprising a mobile home park or part of a mobile home park
OR13
THE MOBILE HOME PARK IS CONDEMNED
FOR REASONS THAT ARE THE14
RESPONSIBILITY OF THE PARK OWNER 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) as follows:22
38-12-204. Nonpayment of rent - notice required for rent23
increase - limitation on rent increases. (1) Any tenancy or other estate24
at will or lease in a mobile home park may be terminated upon the25
landlord's written notice to the home owner
PROVIDED PURSUANT TO26
SECTION 38-12-212.9 requiring, in the alternative, payment of rent or the27
1294
-9- removal of the home owner's unit from the premises, within a period of1
not less than ten days after the date notice is served or posted, for failure2
to pay rent when due.3
(2) Rent shall not be increased without sixty days' written notice4
to the home owner
PROVIDED PURSUANT TO SECTION 38-12-212.9. In5
addition to the amount and the effective date of the rent increase, such6
written notice shall include the name, address, and telephone number of7
the mobile home park management, if such management is a principal8
owner, or owner of the mobile home park and, if the owner is other than9
a natural person, the name, address, and telephone number of the owner's10
chief executive officer or managing partner; except that such ownership11
information need not be given if it was disclosed in the rental agreement12
made pursuant to section 38-12-213.13
(4) A landlord shall not increase rent on a resident of a mobile14
home park lot
OR ISSUE A NOTICE OF RENT INCREASE if the park:15
(c) (I) Has not fully complied with any final agency order issued
16
by the division of housing; or GOVERNMENT ORDER .17
(II) A
S USED IN SUBSECTION (4)(c)(I) OF THIS SECTION,18
"
GOVERNMENT ORDER " MEANS ANY FINAL FEDERAL , STATE, OR LOCAL19
ADMINISTRATIVE ORDER OR JUDICIAL
ORDER.20
21
(e) HAS BEEN FOUND BY THE DIVISION IN A FINAL AGENCY ORDER22
OR BY A COURT, WITHIN THE TWELVE MONTHS PRIOR TO THE FINAL23
AGENCY OR COURT ORDER , TO HAVE FAILED TO COMPLY WITH A24
LANDLORD'S RESPONSIBILITIES PURSUANT TO SECTION 38-12-212.3. THIS25
SUBSECTION (4)(e) SHALL NOT APPLY TO A NEGOTIATED SETTLEMENT THAT26
PRECEDES A FINAL AGENCY OR COURT ORDER .27
1294
-10- 1
SECTION 5. In Colorado Revised Statutes, 38-12-204.3, amend2
(2) as follows:3
38-12-204.3. Notice required for termination. (2) The notice4
required under this section must be
PROVIDED PURSUANT TO SECTION5
38-12-212.9 in at least ten-point
TWELVE-POINT type and must read as6
follows:7
IMPORTANT NOTICE TO THE HOME OWNER:8
This notice and the accompanying notice to quit/notice of9
nonpayment of rent are the first steps in the eviction process. Any dispute10
you may have regarding the grounds for eviction should be addressed11
with your landlord or the management of the mobile home park or in the12
courts if an eviction action is filed. Please be advised that the "Mobile13
Home Park Act", part 2 of article 12 of title 38, Colorado Revised14
Statutes, and the "Mobile Home Park Act Dispute Resolution and15
Enforcement Program" created in section 38-12-1104, Colorado Revised16
Statutes, may provide you with legal protection.17
NOTICE TO QUIT: In order to terminate a home owner's tenancy,18
the landlord or management of a mobile home park must serve to a home19
owner a notice to quit. The notice must be in writing and must contain20
certain information, including:21
• The grounds for the termination of the tenancy;22
• Whether or not the home owner has a right to cure under23
the "Mobile Home Park Act"; and24
• That the home owner has the option of mediation25
pursuant to section 38-12-216, Colorado Revised Statutes,26
of the "Mobile Home Park Act" and the option of filing a27
1294
-11- complaint through the "Mobile Home Park Act Dispute1
Resolution and Enforcement Program" created in section2
38-12-1104, Colorado Revised Statutes.3
NOTICE OF NONPAYMENT OF RENT: In order to terminate4
a home owner's tenancy due to nonpayment of rent, the landlord or5
management of a mobile home park must serve to a home owner a notice6
of nonpayment of rent. The notice must be in writing and must require7
that the home owner either make payment of rent or sell the owner's unit8
or remove it from the premises within a period of not less than ten days9
after the date the notice is served or posted, for failure to pay rent when10
due.11
CURE PERIODS: If the home owner has a right to cure under the12
"Mobile Home Park Act", the landlord or management of a mobile home13
park cannot terminate a home owner's tenancy without first providing the14
home owner with a time period to cure the noncompliance. "Cure" refers15
to a home owner remedying, fixing, or otherwise correcting the situation16
or problem that made the tenancy subject to termination pursuant to17
sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.18
COMMENCEMENT OF LEGAL ACTION TO TERMINATE19
THE TENANCY: After the last day of the applicable notice period20
required by section 38-12-202 (1)(c), Colorado Revised Statutes, a legal21
action may be commenced to take possession of the space leased by the22
home owner. In order to evict a home owner, the landlord or management23
of the mobile home park must prove:24
• The landlord or management complied with the notice25
requirements of the "Mobile Home Park Act";26
• The landlord or management provided the home owner27
1294
-12- with a statement of reasons for termination of the tenancy;1
and2
• The reasons for termination of the tenancy are true and3
valid under the "Mobile Home Park Act".4
To defend against an eviction action, a home owner must appear5
in court. If the court rules in favor of the landlord or management of the6
mobile home park, the home owner has not less than thirty days from the7
time of the ruling to either remove or sell the mobile home and to vacate8
the premises. If the home owner wishes to extend such period beyond9
thirty days but not more than sixty days from the date of the ruling, the10
home owner shall prepay to the landlord an amount equal to a pro rata11
share of rent for each day following the expiration of the initial thirty-day12
period after the court's ruling that the mobile home owner will remain on13
the premises. All prepayments shall be paid no later than thirty days after14
the court ruling. This section does not preclude earlier removal by law15
enforcement officers of a mobile home or one or more mobile home16
owners or occupants from the mobile home park if a mobile home owner17
violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303,18
Colorado Revised Statutes.19
SECTION 6. In Colorado Revised Statutes, add 38-12-204.5 as20
follows:21
38-12-204.5. Eviction for rule violation - stay of eviction22
proceeding - rules challenge. I
F A RESIDENT IS A DEFENDANT IN A23
FORCIBLE ENTRY AND DETAINER COMPLAINT FILED IN EITHER COUNTY OR24
DISTRICT COURT, AND THE RESIDENT HAS ALSO SUBMITTED A PENDING25
COMPLAINT THROUGH THE "MOBILE HOME PARK ACT DISPUTE26
R
ESOLUTION AND ENFORCEMENT PROGRAM", CREATED IN SECTION27
1294
-13- 38-12-1104, THAT IS RELATED TO THE FORCIBLE ENTRY AND DETAINER1
ACTION, THE RESIDENT MAY PROVIDE A COPY OF THEIR ADMINISTRATIVE2
COMPLAINT TO THE APPROPRIATE COURT OF JURISDICTION . UPON3
RECEIVING CONFIRMATION OF THE PENDING ADMINISTRATIVE COMPLAINT ,4
THE COURT SHALL AUTOMATICALLY STAY ANY HEARING ON THE FORCIBLE5
ENTRY AND DETAINER COMPLAINT FOR AT LEAST TWENTY-ONE CALENDAR6
DAYS, DURING WHICH THE DIVISION IS ENCOURAGED TO REVIEW AND7
CONDUCT AN INITIAL ASSESSMENT OF THE COMPLAINT. THE COURT AT ITS8
DISCRETION MAY STAY THE FORCIBLE ENTRY AND DETAINER COMPLAINT9
FOR LONGER THAN TWENTY-ONE CALENDAR DAYS TO ALLOW FOR10
APPROPRIATE INVESTIGATION AND ADJUDICATION OF THE PENDING11
ADMINISTRATIVE COMPLAINT . THE RESIDENT SHALL ALSO MAKE12
REASONABLE EFFORTS TO INFORM ADMINISTRATORS OF THE DISPUTE13
RESOLUTION PROGRAM OF THE PENDING FORCIBLE ENTRY AND DETAINER14
ACTION, FOR THE DISPUTE RESOLUTION PROGRAM TO PRIORITIZE15
EXPEDIENT RESOLUTION OF THE PENDING ADMINISTRATIVE COMPLAINT .16
THIS SECTION DOES NOT APPLY TO EVICTIONS FILED PURSUANT TO SECTION17
38-12-203(1)(f).18
SECTION 7. In Colorado Revised Statutes, 38-12-206, amend19
(3) as follows:20
38-12-206. Home owner meetings - assembly in common areas21
- meeting hosted by landlord. (3) If requested by a home owner or22
resident, the landlord of a mobile home park shall, within thirty days of23
receiving the request, host and attend a free, public, accessible meeting24
for residents of the park; except that a landlord is not required to host and25
attend more than two meetings in a calendar year. Notice of the date,26
time, and location of the meeting must be posted in both English, and27
1294
-14- Spanish, AND ANY OTHER LANGUAGE REASONABLY KNOWN TO BE SPOKEN1
BY MORE THAN ONE RESIDENT IN THE PARK in a clearly visible location in2
common areas of the mobile home park, including any community hall or3
recreation hall, for a period of seven days before the meeting and must be4
provided by mail at least fourteen days before the meeting to each home5
owners' association, residents' association, or similar body that represents6
the residents of the park. In addition to mailing the notice as required by7
this section, the landlord shall provide notice of the meeting by e-mail to8
each home owner and resident who has an e-mail address on file with the9
landlord. U
PON THE
REASONABLE REQUEST OF A HOME OWNER OR10
RESIDENT THAT IS MADE AT LEAST SEVEN DAYS BEFORE THE SCHEDULED11
MEETING, A LANDLORD SHALL PROVIDE AN INTERPRETER FOR ANY12
MEETING THAT IS HELD PURSUANT TO THIS SECTION PURSUANT TO SECTION13
38-12-212.9.
IF AN INTERPRETER IS PROVIDED, THE LANDLORD SHALL14
PROVIDE ANY DOCUMENTS OR MATERIALS FOR THE M EETING PURSUANT TO15
SECTION 38-12-212.9. THE LANDLORD SHALL BEAR THE COSTS OF16
PROVIDING THE INTERPRETER AND FOR TRANSLATING ANY DOCUMENTS OR17
MATERIALS PROVIDED FOR THE MEETING .
A LANDLORD MAY USE A18
VIRTUAL LANGUAGE LINE OR OTHER MEANS OF PROVIDING LIVE19
INTERPRETATION VIRTUALLY OR ONLINE TO SATISFY THE REQUIREMENTS20
OF THIS SECTION. THE DIVISION IS ENCOURAGED TO PUBLISH A LIST OF21
AVAILABLE VIRTUAL, ONLINE, AND REMOTE INTERPRETATION SERVICES22
THAT ARE OFFERED BY TRAINED INTERPRETERS .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
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 are furnished9
at all times to each utility pedestal or pad space; except that a landlord10
need not satisfy the conditions described in this subsection (1)(a)(III)(C)11
if a mobile home is individually metered and the tenant occupying the12
mobile home fails to pay for water services; the local government in13
which the mobile home park is situated shuts off water service to a14
mobile home for any reason; A THIRD-PARTY WATER PROVIDER SHUTS OFF15
WATER FOR THE MOBILE HOME PARK FOR ANY REASON THAT IS UNRELATED16
TO THE LANDLORD'S ACTIONS OR INACTIONS; weather conditions present17
a likelihood that water pipes will freeze, water pipes to a mobile home are18
wrapped in heated pipe tape, and the utility company has shut off19
electrical service to a mobile home for any reason or the heat tape20
malfunctions for any reason; running water is not available for any other21
reason outside the landlord's control to prevent through reasonable and22
timely maintenance; or the landlord is making repairs or improvements23
to the items described in subsection (1)(a)(II) of this section, the landlord24
has provided reasonable advance notice to the mobile home residents of25
a service disruption that is required in connection with the repairs or26
improvements, and the service disruption continues for no longer than27
1294
-16- twenty-four hours.1
(b) If a landlord fails to maintain or repair the items described in2
subsection (1)(a)(II) or (2)(b) of this section:3
(II) The landlord is responsible for and shall pay the cost of4
providing alternative sources of potable water REASONABLY SUFFICIENT5
FOR DRINKING AND COOKING NO LATER THAN TWELVE HOURS AFTER A6
SERVICE DISRUPTION BEGINS, AND REASONABLY SUFFICIENT FOR BATHING7
AND ALL OTHER ESSENTIAL HYGIENE FOR ALL MEMBERS OF THE8
HOUSEHOLD NO LATER THAN SEVENTY-TWO HOURS AFTER A SERVICE9
DISRUPTION BEGINS, and FOR maintaining portable toilets which portable10
toilets THAT are located reasonably near affected mobile homes in a11
manner that renders them accessible to people with disabilities, no later12
than twelve hours after the service disruption begins, unless conditions13
beyond the landlord's control
REASONABLY prevent compliance with this14
subsection (1)(b)(II); and15
(d) I
N ADDITION TO THE REQUIREMENTS OF SUBSECTION (1)(b) OF16
THIS SECTION, A LANDLORD MUST ALSO PROVIDE A RESIDENT WITH17
POTABLE
WATER REASONABLY SUFFICIENT FOR DRINKING , COOKING,18
BATHING, AND ALL OTHER ESSENTIAL HYGIENE WITHIN THE TIME FRAMES19
SPECIFIED IN SUBSECTION (1)(b)(II) OF THIS SECTION IF THE MOBILE HOME20
PARK OR THE RESIDENT OR HOME OWNER 'S LOT IN THE PARK IS SUBJECT TO21
A BOIL WATER NOTICE THAT WAS CAUSED DUE TO MAINTENANCE OR22
REPAIRS TO THE PARK PERFORMED OR ORDERED BY A PARK OWNER OR A23
PARK OWNER'S AGENT OR CONTRACTOR. A LANDLORD SHALL ALSO24
PROVIDE A NOTICE, POSTED IN A CONSPICUOUS PLACE ON EACH MOBILE25
HOME LOT IN BOTH ENGLISH AND SPANISH, OF A WATER BOIL NOTICE AS26
SOON AS POSSIBLE BUT NOT LATER THAN TWENTY -FOUR HOURS AFTER THE27
1294
-17- LANDLORD RECEIVES THE WATER BOIL NOTICE .1
(2) In addition to the responsibilities described in subsection (1)(a)2
of this section, a landlord is responsible for:3
(b) The premises, including:4
(II) Maintaining roads, EXISTING OR CONSTRUCTED SIDEWALKS,5
and other pavement owned by the landlord in a passable, safe condition6
that is sufficient to provide access for residents' vehicles, emergency7
vehicles, vans providing transportation services to persons who are8
elderly or disabled, and school buses, if applicable, which maintenance9
includes snow removal, ensuring adequate drainage, and maintaining10
pavement above water lines;11
(5.5) A
LANDLORD SHALL ESTABLISH A UNIQUE MAILING ADDRESS12
AND MAILBOX FOR EACH MOBILE HOME PARK LOT TO PROVIDE ACCESS TO13
U
NITED STATES MAIL SERVICE AND SHALL INCLUDE THE MAILING ADDRESS14
IN THE RENTAL AGREEMENT . THE MAILBOXES PROVIDED UNDER THIS15
SECTION MAY BE LOCATED IN ONE OR MORE COMMON AREAS LOCATED16
WITHIN THE PARK OR ON INDIVIDUAL LOTS . THE REQUIREMENTS OF THIS17
SUBSECTION (5.5) DO NOT APPLY IF UNITED STATES MAIL SERVICE IS NOT18
AVAILABLE IN THE GEOGRAPHIC AREA WHERE THE PARK IS LOCATED .19
SECTION 10. In Colorado Revised Statutes, 38-12-212.5,20
amend (2)(e) and (2)(f); and add (2)(g) as follows:21
38-12-212.5. Prohibition on retaliation and harassment -22
definition. (2) Except as described in subsection (3) of this section, in an23
action or administrative proceeding by or against a home owner or24
resident, the management's action is presumed to be retaliatory if, within25
the one hundred twenty days preceding the management's action, the26
home owner or resident:27
1294
-18- (e) Participated in a vote or decision-making process concerning1
the opportunity to purchase the mobile home park pursuant to section2
38-12-217; or3
(f) Filed a water quality complaint or requested remediation to4
address a water quality issue under part 10 of article 8 of title 25;
OR5
(g)
REQUESTED THAT THE LANDLORD PROVIDE COMMUNICATIONS6
REQUIRED IN THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE 12 IN A7
LANGUAGE OTHER THAN ENGLISH.8
SECTION 11. In Colorado Revised Statutes, add 38-12-212.9 as9
follows:10
38-12-212.9. Language access requirements. (1) E
XCEPT AS11
OTHERWISE PROVIDED IN THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE12
12,
A LANDLORD SHALL PROVIDE ANY NOTICE , DISCLOSURE, OR OTHER13
COMMUNICATION THAT A LANDLORD IS REQUIRED TO PROVIDE TO A14
RESIDENT PURSUANT TO THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE15
12,
IN ENGLISH AND SPANISH. AT ANY TIME, A RESIDENT MAY REQUEST16
THAT A LANDLORD PROVIDE A NOTICE , DISCLOSURE, OR OTHER17
COMMUNICATION IN ONE ADDITIONAL LANGUAGE , OTHER THAN ENGLISH18
OR SPANISH, SPOKEN BY THE RESIDENT . IF A LANDLORD RECEIVES A19
REQUEST TO PROVIDE A NOTICE, DISCLOSURE, OR COMMUNICATION IN
ONE20
ADDITIONAL LANGUAGE OTHER THAN ENGLISH OR SPANISH, THE21
LANDLORD SHALL PROVIDE ANY SUBSEQUENT NOTICES , DISCLOSURES, OR22
COMMUNICATIONS REQUIRED PURSUANT TO THIS PART 2 OR PART 11 OR 1323
OF THIS ARTICLE 12 TO THE RESIDENT IN THE REQUESTED LANGUAGE . A24
LANDLORD MAY PROVIDE A TRANSLATION PURSUANT TO THIS SECTION25
VIRTUALLY OR THROUGH THE USE OF AN ONLINE TRANSLATION PROGRAM,26
INCLUDING PROGRAMS THAT MAY BE PUBLISHED BY THE DIVISION , SO27
1294
-19- LONG AS THE TRANSLATED WRITTEN NOTICE, DISCLOSURE, OR1
COMMUNICATION SATISFIES ALL APPLICABLE LEGAL REQUIREMENTS .2
(2) A
T ANY TIME, A RESIDENT MAY REQUEST THAT A LANDLORD3
PROVIDE A WRITTEN NOTICE, DISCLOSURE, OR OTHER COMMUNICATION4
VERBALLY IN ENGLISH ONE TIME TO THE RESIDENT IN ADDITION TO5
PROVIDING THE RESIDENT WITH A WRITTEN NOTICE , DISCLOSURE, OR6
OTHER COMMUNICATION . IF THE LANDLORD RECEIVES A REQUEST TO7
PROVIDE A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION VERBALLY ,8
THE LANDLORD SHALL READ THE NOTICE , DISCLOSURE, OR OTHER9
COMMUNICATION ALOUD TO THE RESIDENT WITHIN SEVENTY -TWO HOURS10
OF THE RESIDENT MAKING THE REQUEST . TO SATISFY THE REQUIREMENT11
OF THIS SUBSECTION (2), A LANDLORD MAY ALSO PROVIDE AN AUDIO OR12
VIDEO RECORDING OF THE NOTICE , DISCLOSURE, OR OTHER13
COMMUNICATION BEING READ ALOUD .14
(3) A
LANDLORD SHALL ENSURE THAT ANY NOTICE , DISCLOSURE,15
OR OTHER COMMUNICATION REQUIRED PURSUANT TO THIS PART 2 OR PART16
11
OR 13 OF THIS ARTICLE 12 IS WRITTEN IN CLEAR AND PLAIN LANGUAGE17
AND INCLUDES ALL INFORMATION
REASONABLY NECESSARY FOR THE18
RESIDENT TO UNDERSTAND THE RESIDENT 'S RIGHTS AND RESPONSIBILITIES.19
A
TRANSLATED NOTICE, DISCLOSURE, OR OTHER COMMUNICATION MUST20
ACCURATELY CONVEY THE MEANING OF THE ORIGINAL ENGLISH NOTICE,21
DISCLOSURE, OR OTHER COMMUNICATION. EACH NOTICE, DISCLOSURE, OR22
OTHER COMMUNICATION, REGARDLESS OF THE LANGUAGE, MUST BE CLEAR23
AND UNAMBIGUOUS TO ENSURE THAT IT IS EASILY UNDERSTOOD BY ALL24
PARK RESIDENTS. A LANDLORD SHALL MAKE REASONABLE EFFORTS TO25
PROVIDE A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION IN THE26
SIMPLEST LANGUAGE PRACTICABLE TO CONVEY THE REQUIRED MESSAGE .27
1294
-20- (4) A RESIDENT MAY RESPOND IN ENGLISH OR SPANISH TO ANY1
NOTICE, DISCLOSURE, OR OTHER COMMUNICATION PROVIDED BY A2
LANDLORD. A RESIDENT WHO HAS REQUESTED THAT A LANDLORD PROVIDE3
A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION IN A LANGUAGE4
OTHER THAN ENGLISH OR SPANISH MAY RESPOND TO THE NOTICE ,5
DISCLOSURE, OR OTHER COMMUNICATION IN THE REQUESTED LANGUAGE .6
(5) A
RESIDENT MAY REQUEST THAT A LANDLORD PROVIDE AN7
INTERPRETER IN
ONE LANGUAGE IN ADDITION TO ENGLISH AND SPANISH8
THAT THE RESIDENT USES FOR ANY NON-WRITTEN NOTICE, DISCLOSURE, OR9
OTHER COMMUNICATION WITH RESIDENTS , INCLUDING IN A MEETING10
REQUIRED PURSUANT TO SECTION 38-12-206. A LANDLORD SHALL11
PROVIDE AN INTERPRETER IN TH E REQUESTED LANGUAGE AND MAY12
PROVIDE THE INTERPRETATION IN PERSON OR VIRTUALLY THROUGH AN13
INTERPRETATION SERVICE, INCLUDING A VIRTUAL OR REMOTE LANGUAGE14
LINE THAT PROVIDES LIVE INTERPRETATION BY A TRAINED INTERPRETER.15
N
ON-WRITTEN LANGUAGE INCLUDES AMERICAN SIGN LANGUAGE.16
SECTION 12. In Colorado Revised Statutes, 38-12-213, amend17
(1) introductory portion as follows:18
38-12-213. Rental agreement - disclosure of terms in writing19
- prohibited provisions. (1) The management shall adequately disclose20
the terms and conditions of a tenancy in writing in a rental agreement
IN21
E
NGLISH, OR UPON REQUEST IN BOTH ENGLISH AND SPANISH, to any22
prospective home owner before the rental or occupancy of a mobile home23
space or lot. The disclosures must include:24
SECTION 13. In Colorado Revised Statutes, 38-12-214, amend25
(1) introductory portion, (1)(e), (2.5), (2.7)(a)(II), and (3)(a); repeal and26
reenact, with amendments, (2); and add (2.7)(c) as follows:27
1294
-21- 38-12-214. Rules and regulations - amendments - notice -1
complaints. (1) The management shall adopt written rules and2
regulations concerning residents' or home owners' use and occupancy of3
the premises. T
HE MANAGEMENT SHALL PROVIDE A RESIDENT OR HOME4
OWNER WITH A WRITTEN COPY OF THE ADOPTED RULES AND REGULATIONS5
IN ENGLISH AND SPANISH. Except as otherwise provided in this section,6
such rules and regulations are enforceable against a resident or home7
owner only if:8
(e) They are established in the rental agreement at the inception9
of the tenancy, amended subsequently with the written consent of the10
home owner, or, except as described in subsection (2) of this section,11
amended subsequently without the written consent of the home owner12
after the management has provided written notice,
IN BOTH ENGLISH AND13
S
PANISH, of the amendments to the home owner IN A COMMON AREA AND14
IN A CONSPICUOUS PLACE ON EACH HOME OWNER 'S MOBILE HOME LOT at15
least sixty days before the amendments become effective, and, if16
applicable, enforced in compliance with subsection (3) of this section.17
(2) (a) W
HEN A MOBILE HOME OR ANY ACCESSORY BUILDING OR18
STRUCTURE IS OWNED BY A PERSON OTHER THAN THE OWNER OF THE19
MOBILE HOME PARK IN WHICH THE MOBILE HOME IS LOCATED , THE MOBILE20
HOME AND THE ACCESSORY BUILDING OR STRUCTURE ARE EACH A21
SEPARATE UNIT OF OWNERSHIP. THE ACCESSORY BUILDING OR STRUCTURE22
ARE EACH PRESUMED TO BE OWNED BY THE OWNER OF THE MOBILE HOME23
UNLESS THERE IS A WRITTEN AGREEMENT ESTABLISHING OWNERSHIP BY24
ANOTHER PERSON.25
(b) I
F A RULE OR REGULATION REQUIRES A HOME OWNER TO INCUR26
A COST OR IMPOSES RESTRICTIONS OR REQUIREMENTS ON THE HOME27
1294
-22- OWNER'S RIGHT TO CONTROL WHAT HAPPENS IN OR TO THE MOBILE HOME1
OR ANY ACCESSORY BUILDING OR STRUCTURE , THE RULE OR REGULATION2
IS PRESUMED UNREASONABLE PURSUANT TO SUBSECTION (1)(c) OF THIS3
SECTION UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR4
REGULATION:5
(I) I
S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY6
OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE7
PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS8
REASONABLY POSSIBLE;9
(II) I
S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A10
FEDERAL, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING11
LOCAL NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER12
RESIDENTS;13
(III) I
S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT14
COERCION OR MISREPRESENTATION BY MANAGEMENT , IN WHICH CASE THE15
RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE16
COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION ;17
OR18
(IV) I
N A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS19
ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN20
ACCORDANCE WITH THE ORGANIZATION 'S BYLAWS AND MORE THAN FIFTY21
PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION .22
(c)
(I) RULES OR REGULATIONS THAT IMPOSE RESTRICTIONS OR23
REQUIREMENTS ON THE HOME OWNER 'S RIGHT TO CONTROL WHAT HAPPENS24
IN OR TO A HOME OWNER'S MOBILE HOME OR ANY ACCESSORY BUILDING OR25
STRUCTURE INCLUDE, BUT ARE NOT LIMITED TO, THOSE THAT IMPOSE26
REQUIREMENTS RELATED TO THE FOLLOWING :27
1294
-23- (A) THE STRUCTURE AND APPEARANCE OF THE MOBILE HOME ,1
BUILDING, OR STRUCTURE, INCLUDING RULES OR REGULATIONS REQUIRING2
AESTHETIC IMPROVEMENTS ;3
(B) WHO MAY VISIT THE MOBILE HOME, BUILDING, OR4
STRUCTURE, OR WHO MAY RESIDE AT THE MOBILE HOME ;5
(C) LAWFUL ACTIVITIES TAKING PLACE IN THE MOBILE HOME ,6
BUILDING, OR STRUCTURE; AND7
(D) RESIDENT OCCUPANCY LIMITS THAT ARE STRICTER THAN8
APPLICABLE FEDERAL, STATE, AND LOCAL OCCUPANCY LAWS .9
(II) THIS SUBSECTION (2)(c) DOES NOT PRECLUDE A LANDLORD10
FROM CONDUCTING ANY LAWFUL SCREENING OF A RENTAL APPLICATION.11
(d) B
EGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION (2),12
ANY NOTICE TO QUIT SERVED PURSUANT TO SECTION 38-12-204.3 OR ANY13
COMPLAINT TO TERMINATE TENANCY PURSUANT TO SECTION 38-12-20314
(1)(c)
SHALL INCLUDE A STATEMENT THAT SPECIFICALLY SETS FORTH THE15
BASIS FOR ENFORCEABILITY PURSUANT TO SUBSECTION (1) OF THIS16
SECTION, INCLUDING THE SPECIFIC PURPOSE REQUIRED PURSUANT TO17
SUBSECTION (1)(a) OF THIS SECTION AND HOW THE RULE OR REGULATION18
IS REASONABLY RELATED TO THE STATED PURPOSE AS REQUIRED19
PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION. A GENERAL20
STATEMENT THAT A RULE OR REGULATION PROMOTES SAFETY OR WELFARE21
IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THIS SUBSECTION22
(2)(d).23
(e) T
HE DIVISION IS AUTHORIZED TO PROMULGATE RULES
THAT:24
(I) SPECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT ARE25
NOT STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE26
UNENFORCEABLE OR PRESUMPTIVELY UNENFORCEABLE; AND27
1294
-24- (II) SPECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT1
ARE STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE2
ENFORCEABLE OR PRESUMPTIVELY ENFORCEABLE .3
(2.5) (a) Subsection (2) of this section does not prohibit the4
management from requiring compliance by a new home owner with park5
rules and regulations that were not enforceable against the previous home6
owner after the sale or transfer of a mobile home or accessory building or7
structure as described in subsection (2.5)(b) of this section provided that8
IF the rules or regulations comply with this section and have been duly9
noticed,
IN BOTH ENGLISH AND SPANISH, to all home owners and10
residents, including the seller, pursuant to subsection (1)(e) of this11
section; except that, as used in this subsection (2.5), "transfer" does not12
include a transfer of ownership pursuant to death or divorce or a transfer13
of ownership to a new co-owner who is an immediate family member,14
spouse, or domestic partner of the home owner.15
(b) The management shall not require a home owner selling a16
mobile home or accessory building or structure to ensure that the mobile17
home or accessory building or structure complies with any rules or18
regulations by the closing date of the sale or to bear the costs of19
compliance with any such rules or regulations. If the management20
requires all prospective buyers to comply with such rules and regulations21
as a condition of gaining tenancy in the park, the management shall22
promptly provide a written list of items for which the management23
requires action to the seller upon receiving notice that the mobile home24
is for sale. The seller shall provide the list to all prospective buyers, and25
the management shall provide the list to the buyer upon receiving an26
application for tenancy. The management shall allow a reasonable amount27
1294
-25- of time after closing for the buyer to bring the mobile home or accessory1
building or structure into compliance, which must be at least thirty days2
from the closing date. D
URING THE PERIOD IN WHICH THE BUYER MAY3
BRING THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE INTO4
COMPLIANCE, THE MANAGEMENT SHALL PROVIDE THE BUYER WITH5
REASONABLE ACCESS TO THE MOBILE HOME OR ACCESSORY BUILDING OR6
STRUCTURE, INCLUDING ACCESS TO THE MOBILE HOME OR ACCESSORY7
BUILDING OR STRUCTURE FOR THE PURPOSE OF STORING BELONGINGS8
UNTIL THE BUYER IS ABLE TO RESIDE IN THE MOBILE HOME .9
(2.7) (a) Notwithstanding any rental agreement, the management10
shall not interfere with a home owner's right to sell a mobile home or11
accessory building or structure, in place or otherwise, to a buyer of the12
home owner's choosing, regardless of the age of the home, except as13
necessary for the management to ensure:14
(II) The financial ability of the home buyer to comply with the15
buyer's obligations as a new tenant
PURSUANT TO SUBSECTION (2.7)(c) OF16
THIS SECTION;17
(c) A
BUYER DEMONSTRATES THE BUYER 'S FINANCIAL ABILITY TO18
COMPLY WITH THE PROVISIONS OF SUBSECTION (2.7)(a)(II) OF THIS19
SECTION IF THE BUYER CAN DEMONSTRATE THAT :20
(I) T
HE BUYER HAS A MONTHLY INCOME THAT IS AT LEAST TWO21
HUNDRED PERCENT OF THE SELLER 'S CURRENT MONTHLY LOT RENT FOR22
ONE MONTH; OR23
(II) T
HE BUYER HAS OTHER CASH ASSETS THAT ARE AT LEAST TWO24
HUNDRED PERCENT OF THE SELLER'S CURRENT MONTHLY LOT RENT FOR SIX25
MONTHS.26
(3) (a) If the management provides each home owner written27
1294
-26- notice, IN BOTH ENGLISH AND SPANISH, of the management's intent to add1
or amend any written rule or regulation as described in subsection (1)(e)2
of this section,
OR IF THE MANAGEMENT INDICATES THAT IT WILL BEGIN3
ENFORCING A RULE OR REGULATION THAT WAS PREVIOUSLY UNENFORCED ,4
a home owner may file a complaint challenging the rule, regulation, or5
amendment pursuant to section 38-12-1105 within sixty days after6
receiving the notice. If a home owner files such a complaint and the new7
or amended rule or regulation will increase a cost to the home owner in8
an amount that equals or exceeds ten percent of the home owner's9
monthly rent obligation under the rental agreement, the management shall10
not enforce the rule, regulation, or amendment unless and until the parties11
reach an agreement concerning the rule, regulation, or amendment or the12
dispute resolution process concludes and the division of housing within
13
the department of local affairs issues a written determination, pursuant to14
section 38-12-1105 (4), that the rule, regulation, or amendment does not15
constitute a violation of this part 2 and may be enforced. Notwithstanding16
any provision of part 11 of this article 12 to the contrary, as part of the17
complaint process described in section 38-12-1105, the management has18
the burden of establishing that the rule, regulation, or amendment satisfies19
the requirements described in subsections (1) and (2) of this section. 20
SECTION 14. In Colorado Revised Statutes, 38-12-217, amend21
(9)(b); and add (9)(b.5) as follows:22
38-12-217. Notice of change of use - notice of sale or closure of23
park - opportunity for home owners to purchase - procedures -24
exemptions - enforcement - private right of action - definition.25
(9) Independence of time limits and notice provisions. (b) (I) A26
landlord is not required to provide a new or subsequent notice of intent27
1294
-27- to sell for each triggering event listed in subsection (1)(a) of this section1
if:2
(I) (A) The new demonstration of intent occurs within sixty3
calendar days of the certified mailing of the most recent notice under4
subsection (2) of this section; and5
(B) There are no material changes to the identity of a potential6
buyer if the landlord has made a conditional agreement with a buyer; to7
the time when the park is listed for sale; or to the price, terms, and8
conditions of an acceptable offer the landlord has received to sell the9
mobile home park or for which the landlord intends to sell the park,10
which were included in the most recent notice provided pursuant to11
subsection (1)(a) of this section; OR12
(II) Any material change to the price, terms, and conditions of an13
acceptable offer the landlord has received to sell the mobile home park or14
for which the landlord intends to sell the park is considered a new15
triggering event, requiring a new notice pursuant to subsection (1)(a) of16
this section and creating a new one-hundred-twenty-day time period. THE17
LANDLORD IS ONLY CONSIDERING AN OFFER FROM A GROUP OR18
ASSOCIATION OF HOME OWNERS WHO RESIDE IN THE PARK ; EXCEPT THAT19
A LANDLORD SHALL PROVIDE A NEW OR SUBSEQUENT NOTICE IF AT ANY20
POINT THERE IS A NEW TRIGGERING EVENT SPECIFIED IN SUBSECTION (1)(a)21
OF THIS SECTION INVOLVING A DIFFERENT PARTY .22
(b.5) ANY MATERIAL CHANGE TO THE PRICE , TERMS, AND23
CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO24
SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO25
SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT, REQUIRING A26
NEW NOTICE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND27
1294
-28- CREATING A NEW ONE-HUNDRED-TWENTY-DAY TIME PERIOD.1
SECTION 15. In Colorado Revised Statutes, 38-12-220, add (6)2
as follows:3
38-12-220. Private civil right of action. (6) (a) A
COURT HAS4
THE DISCRETION TO
ORDER, AFTER A REVIEW OF THE FILINGS OR AT ANY5
POINT THEREAFTER, THAT A LANDLORD CEASE FROM INCREASING RENT ON6
A MOBILE HOME PARK LOT OR ISSUING A NOTICE OF A RENT INCREASE IF7
THE LANDLORD HAS BEEN NAMED AS A DEFENDANT IN ANY PENDING8
LAWSUIT OR ADMINISTRATIVE COMPLAINT THAT ALLEGES :9
(I) A
VIOLATION OF THE "MOBILE HOME PARK ACT", PART 2 OF10
THIS ARTICLE 12, OR A VIOLATION RELATED TO A MOBILE HOME PARK11
LOCATED IN COLORADO;12
(II) A
VIOLATION OF THE FEDERAL "FAIR HOUSING ACT", 4213
U.S.C.
SEC. 3601 ET SEQ., AS AMENDED, OR THE FAIR HOUSING PROVISIONS14
IN PART 5 OF ARTICLE 34 OF TITLE 24; OR15
(III) A
VIOLATION RELATED TO UNLAWFUL PRICE FIXING , ILLEGAL16
PRACTICES CONCERNING RENT , FEES, CONSUMER PROTECTION LAWS ,17
ANTI-TRUST PROTECTIONS, OR FINANCIAL IMPROPRIETY RELATED TO A18
MOBILE HOME PARK.19
(b) A
COURT SHALL ORDER THAT A LANDLORD REFUND A20
HOMEOWNER OR A RESIDENT ANY RENT THAT
THE COURT DETERMINES21
WAS UNLAWFULLY COLLECTED OR RETAINED IN ADDITION TO ANY OTHER22
REMEDIES OR DAMAGES AUTHORIZED UNDER LAW .23
SECTION 16. In Colorado Revised Statutes, 38-12-223, amend24
(1)(c), (1)(d)(IV), and (1)(d)(V); and add (1)(d)(VI), (1)(e), (1)(f), and25
(5.5) as follows: 26
38-12-223. Tenancy and park sale records. (1) A landlord shall27
1294
-29- retain records for each home owner and resident throughout the home1
owner's or resident's tenancy and for twelve months after the tenancy2
ends, including documentation of:3
(c) Written rules and regulations adopted by the current or4
previous landlord during the home owner's or resident's tenancy; and5
(d) Each request from the home owner or resident relating to the6
following, including whether the landlord at the time approved or7
disapproved each request:8
(IV) Decks, fences, wheelchair ramps, or other structural changes9
to the home or lot; and10
(V) Use of property related to parking of vehicles and use of11
vehicles;
AND12
(VI) A
REQUEST FROM THE RESIDENT OR HOME OWNER THAT13
NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS BE PROVIDED IN A14
LANGUAGE OTHER THAN ENGLISH;15
(e) A
PAYMENT LEDGER THAT DOCUMENTS ANY RENT OR OTHER16
TYPE OF PAYMENT FROM A RESIDENT OR HOME OWNER , THE AMOUNT PAID,17
AND THE DATE THE PAYMENT WAS MADE ; AND18
(f) W
RITTEN NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS19
PROVIDED TO RESIDENTS AND HOME OWNERS WHO HAVE REQUESTED THAT20
THE LANDLORD PROVIDE NOTICES , DISCLOSURES, OR OTHER21
COMMUNICATIONS IN A LANGUAGE OTHER THAN ENGLISH.22
(5.5) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5) OF23
THIS SECTION, AT ANY POINT DURING A TENANCY OR TWELVE MONTHS24
AFTER A TENANCY HAS ENDED , A RESIDENT MAY REQUEST A COPY OF25
THEIR PAYMENT LEDGER AND THE LANDLORD SHALL PROVIDE A COPY26
WITHIN
TEN CALENDAR DAYS.27
1294
-30- SECTION 17. In Colorado Revised Statutes, add 38-12-1105.51
as follows:2
38-12-1105.5. Sale or change in control of the park - complaint3
pending - duties of landlord. (1) I
F THERE IS A SALE OR OTHER CHANGE4
IN CONTROL OF A MOBILE HOME PARK WHILE A COMPLAINT FILED5
PURSUANT TO SECTION 38-12-1105 IS PENDING BEFORE THE DIVISION OR6
PRIOR TO THE LANDLORD'S COMPLIANCE WITH ALL REMEDIAL ACTIONS7
AND PENALTIES ORDERED BY THE DIVISION AS A RESULT OF A COMPLAINT8
THAT WAS PREVIOUSLY FILED , THE LANDLORD AT THE TIME THAT THE9
COMPLAINT WAS FILED SHALL , AS A PRIOR CONDITION OF THE SALE OR10
CHANGE IN CONTROL OF THE MOBILE HOME PARK :11
(a) P
ROVIDE ALL DOCUMENTS RELATED TO THE COMPLAINT ,12
INCLUDING ANY NOTICE OF VIOLATION OR FINAL AGENCY ORDER ISSUED13
BY THE DIVISION, TO A PROSPECTIVE BUYER AS PART OF THE DUE14
DILIGENCE PROCESS OF ANY SALE;15
(b) P
AY ALL PENALTIES ORDERED BY THE DIVISION IN A FINAL16
AGENCY ORDER AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE17
DIVISION; AND18
(c) F
OR A PENDING COMPLAINT IN WHICH THE DIVISION HAS NOT19
ISSUED A FINAL AGENCY ORDER , IF REQUESTED BY THE PROSPECTIVE20
BUYER OR ORDERED BY THE DIVISION, PLACE INTO AN ESCROW ACCOUNT21
MONEY SUFFICIENT TO COVER
EITHER THE REMEDIATION COST OR AN22
ESTIMATED PENALTY THAT COULD BE ASSESSED BY THE DIVISION . THE23
SELLER IS ENTITLED TO THE RETURN OF MONEY PLACED IN ESCROW IF NO24
VIOLATION IS FOUND IN A FINAL AGENCY ORDER .25
(2) I
F THE DIVISION ORDERS ONE OR MORE REMEDIAL ACTIONS IN26
A FINAL AGENCY ORDER PRIOR TO THE SALE OF A MOBILE HOME PARK :27
1294
-31- (a) THE LANDLORD SHALL COMPLETE ALL REMEDIAL ACTIONS1
PRIOR TO THE SALE AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE2
DIVISION; OR3
(b) T
HE LANDLORD AND THE PROSPECTIVE BUYER SHALL JOINTLY4
SUBMIT TO THE DIVISION A WRITTEN REMEDIAL PLAN THAT REQUIRES ALL5
REMEDIAL ACTIONS TO BE COMPLETED WITHIN ONE YEAR . THE DIVISION6
MAY ACCEPT OR REJECT THE PROPOSED REMEDIAL PLAN AND ASSESS7
PENALTIES AGAINST EITHER PARTY IF A REMEDIAL PLAN SUBMITTED8
PURSUANT TO THIS SECTION IS NOT COMPLETED .9
(3) I
F THERE IS A SALE OR OTHER CHANGE IN CONTROL OF A10
MOBILE HOME PARK WHILE A COMPLAINT IS PENDING BEFORE THE11
DIVISION, THE DIVISION MAY ADD ANY LANDLORD SUCCESSOR IN INTEREST12
AS A PARTY WITH NO FURTHER ACTION NEEDED BY THE FILING PARTY .13
SECTION 18. In Colorado Revised Statutes, add part 13 to14
article 12 of title 38 as follows:15
PART 1316
RENT-TO-OWN MOBILE HOME CONTRACTS17
38-12-1301. Mobile home rent-to-own contracts - general18
provisions - definition. (1) A
S USED IN THIS PART 13, UNLESS THE19
CONTEXT OTHERWISE REQUIRES :20
(a) "P
URCHASE PAYMENT" MEANS ANY KIND OF PAYMENT THAT IS21
CREDITED TO THE PURCHASER TOWARD THE PURCHASE PRICE OF A MOBILE22
HOME, REGARDLESS OF HOW THE PAYMENT IS DENOMINATED .23
(b) "R
ENT-TO-OWN CONTRACT" MEANS ANY RENT -TO-OWN,24
LEASE-TO-OWN, PURCHASE OPTION, OR OTHER AGREEMENT IN WHICH THE25
PURCHASER OF A MOBILE HOME AGREES TO OR RECEIVES THE OPTION TO26
PURCHASE THE MOBILE HOME OVER A PERIOD MUTUALLY AGREED UPON27
1294
-32- WITH THE SELLER OF THE MOBILE HOME .1
(2) T
HIS PART 13 APPLIES ONLY TO A RENT-TO-OWN CONTRACT FOR2
A MOBILE HOME LOCATED IN A MOBILE HOME PARK AND WHEN THE SELLER3
OF THE MOBILE HOME:4
(a) I
S THE LANDLORD OF THE MOBILE HOME PARK ; OR5
(b) O
WNS MORE THAN ONE MOBILE HOME IN COLORADO.6
(3) T
HE PURCHASER UNDER A RENT-TO-OWN CONTRACT IS DEEMED7
TO BE A "HOME OWNER", AS THAT TERM IS DEFINED IN SECTION8
38-12-201.5
(2), AND HAS ALL OF THE RIGHTS OF A HOME OWNER UNDER9
PART 2 OF THIS ARTICLE 12, UNLESS OTHERWISE SPECIFIED IN THIS PART 1310
OR UNTIL THE RENT -TO-OWN CONTRACT IS VALIDLY TERMINATED11
PURSUANT TO THIS PART 13.12
(4) I
F THE SELLER OF A MOBILE HOME IS THE LANDLORD OF A13
MOBILE HOME PARK, THE SELLER SHALL DISCLOSE ALL RENT -TO-OWN14
CONTRACTS TO WHICH THE SELLER IS A PARTY ON THE ANNUAL15
REGISTRATION REQUIRED PURSUANT TO SECTION 38-12-1106.16
38-12-1302. Mobile home rent-to-own contracts -17
requirements - terms - termination. (1) A
RENT-TO-OWN CONTRACT18
MUST BE IN WRITING AND SIGNED BY THE PURCHASER AND THE SELLER OF19
THE MOBILE HOME. A RENT-TO-OWN CONTRACT THAT IS NOT IN WRITING20
OR THAT IS NOT SIGNED BY BOTH THE PURCHASER AND THE SELLER IS NOT21
ENFORCEABLE BY THE SELLER.22
(2) A
RENT-TO-OWN CONTRACT MUST BE IN EITHER ENGLISH OR23
BOTH ENGLISH AND SPANISH, AS REQUESTED BY THE PURCHASER .24
(3) B
EFORE ENTERING INTO A RENT -TO-OWN CONTRACT, THE25
SELLER OF THE MOBILE HOME MUST PROVIDE THE PURCHASER WITH THE26
FOLLOWING:27
1294
-33- (a) PROOF OF THE SELLER'S OWNERSHIP OF THE MOBILE HOME ,1
INCLUDING A COPY OF THE SELLER'S VALID CERTIFICATE OF TITLE TO THE2
MOBILE HOME; AND3
(b) A
COPY OF A PROFESSIONAL APPRAISAL OF THE MOBILE HOME4
DISCLOSING THE MOBILE HOME 'S FAIR MARKET VALUE AS OF A DATE5
WITHIN TWO YEARS OF THE DATE OF THE RENT -TO-OWN CONTRACT. THE6
SELLER OF THE MOBILE HOME MUST PROVIDE THE APPRAISAL IN EITHER7
E
NGLISH OR BOTH ENGLISH AND SPANISH, AS REQUESTED BY THE8
PURCHASER.9
(4) A
RENT-TO-OWN CONTRACT MUST CONTAIN THE FOLLOWING10
INFORMATION:11
(a) T
HE MANUFACTURER OF THE MOBILE HOME AND THE DATE OF12
MANUFACTURE;13
(b) T
HE VEHICLE IDENTIFICATION NUMBER OR OTHER IDENTIFYING14
NUMBER OF THE MOBILE HOME ;15
(c) T
HE MOBILE HOME PARK AND THE LOT NUMBER WITHIN THE16
MOBILE HOME PARK ON WHICH THE MOBILE HOME IS LOCATED ;17
(d) A
LIST OF FIXTURES THAT ARE INCLUDED IN OR EXCLUDED18
FROM THE PURCHASE OF THE MOBILE HOME ;19
(e) A
LIST OF IMPROVEMENTS TO THE MOBILE HOME THAT ARE20
INCLUDED IN OR EXCLUDED FROM THE PURCHASE ;21
(f) T
HE TERM OF THE RENT-TO-OWN CONTRACT;22
(g) T
HE TOTAL PURCHASE PRICE OF THE MOBILE HOME ;23
(h) T
HE NUMBER OF PURCHASE PAYMENTS THAT THE PURCHASER24
MUST MAKE UNDER THE RENT -TO-OWN CONTRACT AND THE AMOUNT OF25
EACH PAYMENT;26
(i) T
HE INTEREST RATE, IF ANY, TO BE CHARGED ON ANY27
1294
-34- OUTSTANDING BALANCE OF THE PURCHASE PRICE , THE AMOUNT OF1
INTEREST PAYABLE WITH EACH PURCHASE PAYMENT , AND THE TOTAL2
INTEREST TO BE PAID OVER THE TERM OF THE RENT -TO-OWN CONTRACT;3
(j) T
HE FEE, IF ANY, THAT THE PURCHASER MUST PAY AS4
CONSIDERATION FOR THE RENT -TO-OWN OPTION. IF AN OPTION FEE IS5
REQUIRED, THE AMOUNT OF THE FEE SHALL NOT EXCEED THE COST TO6
TRANSFER THE TITLE OF THE MOBILE HOME IN THE COUNTY IN WHICH THE7
MOBILE HOME IS LOCATED; AND8
(k) A
SEPARATE TERM LISTING THE AMOUNT OF RENT TO BE PAID9
EACH MONTH FOR THE MOBILE HOME THAT IS IN ADDITION TO THE10
PURCHASE PAYMENT.11
(5) B
EFORE ENTERING INTO A RENT -TO-OWN CONTRACT, THE12
PURCHASER HAS THE RIGHT TO INSPECT THE MOBILE HOME AND TO HAVE13
THE MOBILE HOME PROFESSIONALLY INSPECTED AT THE PURCHASER 'S14
EXPENSE. THE SELLER SHALL MAKE REASONABLE EFFORTS TO MAKE THE15
MOBILE HOME AVAILABLE FOR INSPECTION .16
(6) T
HE AMOUNT OF THE PURCHASE PAYMENT IS SET AT THE SAME17
AMOUNT FOR EACH PAYMENT UNDER THE CONTRACT . A RENT-TO-OWN18
CONTRACT SHALL NOT REQUIRE A PURCHASER TO MAKE ONE PURCHASE19
PAYMENT IN AN AMOUNT THAT IS LARGER THAN ANY OTHER PURCHASE20
PAYMENT.21
(7) A
T ANY TIME DURING THE TERM OF THE RENT -TO-OWN22
CONTRACT, THE PURCHASER MAY PAY ADDITIONAL AMOUNTS TOWARDS23
THE BALANCE OWED ON THE TOTAL PURCHASE PRICE OF THE MOBILE24
HOME, INCLUDING PAYING THE BALANCE IN FULL , WITHOUT INCURRING25
ANY PENALTY OR ANY ADDITIONAL INTEREST CHARGED .26
(8) (a) T
HE PURCHASER IN ANY RENT-TO-OWN CONTRACT HAS THE27
1294
-35- RIGHT TO TERMINATE THE CONTRACT BEFORE THE END OF THE TERM OF1
THE CONTRACT. TO EXERCISE THE RIGHT TO TERMINATE THE CONTRACT ,2
THE PURCHASER MUST GIVE THE SELLER AT LEAST THIRTY DAYS ' WRITTEN3
NOTICE OF THE PURCHASER'S INTENT TO TERMINATE THE RENT-TO-OWN4
CONTRACT. AT THE CONCLUSION OF THE THIRTY DAYS ' NOTICE TO5
TERMINATE, THE SELLER MUST RETURN TO THE PURCHASER ALL PURCHASE6
PAYMENTS MADE BY THE PURCHASER REDUCED BY ANY THEN -OWED RENT7
UNDER THE CONTRACT.8
(b) I
F THE PURCHASER OF THE MOBILE HOME TERMINATES THE9
RENT-TO-OWN CONTRACT, THE TERMINATION SHALL NOT AFFECT ANY10
MOBILE HOME LEASE AGREED ON BY THE PURCHASER AND THE SELLER OF11
THE MOBILE HOME. ANY MOBILE HOME LEASE REMAINS IN FULL FORCE12
AND EFFECT AND MAY ONLY BE TERMINATED PURSUANT TO APPLICABLE13
LANDLORD-TENANT LAW.14
(9) (a) T
HE SELLER OF A MOBILE HOME MAY TERMINATE A15
RENT-TO-OWN CONTRACT ONLY FOR ONE OF THE FOLLOWING REASONS :16
(I) T
HE PURCHASER OF THE MOBILE HOME FAILED TO TIMELY MAKE17
A PURCHASE AND INTEREST PAYMENT UNDER THE RENT -TO-OWN18
CONTRACT, THE SELLER HAS GIVEN THE PURCHASER WRITTEN NOTICE OF19
THE FAILURE TO PAY, AND THE PURCHASER HAS NOT CURED THE PAYMENT20
DEFICIT WITHIN THIRTY DAYS OF RECEIVING WRITTEN NOTICE ; OR21
(II) T
HE PURCHASER COMMITTED AN ACTION RELATED TO THE22
MOBILE HOME PURCHASER 'S MOBILE HOME LEASE THAT LED TO A VALID23
AND EXECUTED WRIT OF RESTITUTION .24
(b) I
F THE SELLER OF A MOBILE HOME TERMINATES A25
RENT-TO-OWN CONTRACT PURSUANT TO THIS SUBSECTION (9), THE SELLER26
SHALL RETURN TO THE PURCHASER ALL PURCHASE PAYMENTS MADE BY27
1294
-36- THE PURCHASER NO LATER THAN TEN CALENDAR DAYS AFTER THE1
RENT-TO-OWN CONTRACT TERMINATES . IF THE PURCHASER OWES ANY2
RENT TO THE SELLER, THE SELLER MAY REDUCE THE RETURNED PURCHASE3
PAYMENT BY THE AMOUNT OF RENT THE PURCHASER OWES TO THE SELLER .4
(c) I
F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE5
RENT-TO-OWN CONTRACT BECAUSE THE MOBILE HOME BECOMES6
ENCUMBERED AS A RESULT OF LEGAL ACTIONS TAKEN AGAINST THE7
SELLER, THEN THE SELLER SHALL PROVIDE THE PURCHASER WITH PROOF OF8
THE ENCUMBRANCE AND SHALL RETURN TO THE PURCHASER ALL9
PURCHASE AND INTEREST PAYMENTS MADE BY THE PURCHASER WITHIN10
TEN CALENDAR DAYS OF THE DATE THAT THE SELLER KNEW OR11
REASONABLY SHOULD HAVE KNOWN THAT IT WOULD NOT BE POSSIBLE TO12
COMPLY WITH THE RENT-TO-OWN CONTRACT.13
(d) I
F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE14
RENT-TO-OWN CONTRACT BECAUSE THE MOBILE HOME PARK IN WHICH THE15
MOBILE HOME IS LOCATED IS CONDEMNED OR CHANGES USE PURSUANT TO16
SECTION 38-12-203 (1)(d), THE SELLER SHALL RETURN TO THE PURCHASER17
ALL PURCHASE AND INTEREST PAYMENTS MADE BY THE PURCHASER18
WITHIN TEN DAYS OF THE PURCHASER RECEIVING WRITTEN NOTICE OF THE19
CONDEMNATION OR CHANGE IN USE PURSUANT TO SECTION 38-12-20320
(1)(d).
IF THE SELLER IS THE LANDLORD OF THE MOBILE HOME PARK AND21
CANNOT COMPLY WITH THE RENT -TO-OWN CONTRACT BECAUSE THE22
MOBILE HOME PARK IN WHICH THE MOBILE HOME IS LOCATED IS23
CONDEMNED OR CHANGES USE PURSUANT TO SECTION 38-12-203 (1)(d),24
THE SELLER SHALL ALSO PAY THE BUYER REASONABLE RELOCATION25
EXPENSES PURSUANT TO SECTION 38-12-203.5 (2)(b)(I).26
38-12-1303. Duties of the seller. (1) F
OR ANY RENT-TO-OWN27
1294
-37- CONTRACT, THE SELLER OF THE MOBILE HOME SHALL :1
(a) M
AINTAIN HABITABILITY OF THE MOBILE HOME IN2
ACCORDANCE WITH THE REQUIREMENTS OF PART 5 OF THIS ARTICLE 123
AND ANY OTHER APPLICABLE STATE OR LOCAL LAW , UNTIL THE4
PURCHASER BECOMES THE OWNER OF THE MOBILE HOME AND RECEIVES5
THE TITLE TO THE MOBILE HOME FROM THE SELLER OR UNTIL THE LOT6
LEASE AND MOBILE HOME LEASE ARE LEGALLY AND VALIDLY7
TERMINATED;8
(b) E
NSURE THAT THE MOBILE HOME IS HABITABLE UNDER STATE9
AND LOCAL LAW BEFORE ENTERING INTO A RENT -TO-OWN AGREEMENT;10
(c) B
EAR THE REASONABLE COSTS OF REPAIRS OR MAINTENANCE11
RELATED TO THE MOBILE HOME DURING THE TERM OF THE RENT -TO-OWN12
CONTRACT SO LONG AS THE REPAIR OR MAINTENANCE WAS NOT CAUSED13
BY THE PURCHASER'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ;14
(d) T
IMELY PAY ALL PROPERTY TAXES ASSESSED ON THE MOBILE15
HOME UNTIL THE PURCHASER BECOMES THE OWNER OF THE MOBILE HOME16
AND RECEIVES THE TITLE TO THE MOBILE HOME FROM THE SELLER . THE17
SELLER MAY PRORATE ANY PROPERTY TAXES OWED AT THE TIME THE TITLE18
TO THE MOBILE HOME IS TRANSFERRED ; AND19
(e) R
ETURN TO THE PURCHASER OF THE MOBILE HOME ALL20
PURCHASE AND INTEREST PAYMENTS MADE BY THE PURCHASER IF THE21
MOBILE HOME IS RENDERED UNFIT FOR HABITATION BY CAUSES OUTSIDE22
OF EITHER THE PURCHASER 'S OR THE SELLER'S CONTROL. IF THE23
PURCHASER OWES THE SELLER ANY MONEY RELATED TO THE MOBILE HOME24
LEASE AT THE TIME A MOBILE HOME IS DESTROYED , THE SELLER MAY25
DEDUCT THE OWED MONEY FROM ANY ACCUMULATED PURCHASE26
PAYMENTS. THE SELLER SHALL RETURN THE ACCUMULATED PURCHASE27
1294
-38- PAYMENTS WITHIN TEN DAYS OF THE DATE THE MOBILE HOME WAS1
DESTROYED.2
38-12-1304. Concurrent mobile home leases. (1) F
OR A3
RENT-TO-OWN CONTRACT COVERED UNDER THIS PART 13, THE SELLER4
MUST OFFER THE PURCHASER A MOBILE HOME LEASE FOR A PERIOD5
EQUIVALENT TO THE PERIOD IN WHICH THE PURCHASER HAS TO COMPLETE6
THE PURCHASE OF THE MOBILE HOME .
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
1294
-39- 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
1294
-40- 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
1294
-41- 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. Appropriation. (1) For the 2024-25 state fiscal18
year, $40,966 is appropriated to the department of law. This appropriation19
is from reappropriated funds received from the department of local affairs20
from the mobile home park act dispute resolution and enforcement21
program fund created in section 38-12-1110 (1), C.R.S., and is based on22
an assumption that the department of law will require an additional 0.223
FTE. To implement this act, the department may use this appropriation to24
provide legal services for the department of local affairs.25
SECTION 21. Applicability. Section 18 of this act applies to26
rent-to-own mobile home contracts formed on or after June 30, 2024.27
1294
-42- SECTION 22. Effective date. This act takes effect June 30,1
2024; except that sections 1, 6, 8, 14, 15, 17, 20, 21, this section 22, 23,2
and section 38-12-212.3 (1) and (2), Colorado Revised Statutes, as3
amended in section 9 of this act, and sections 38-12-214 (2), (2.5), (2.7),4
and (3), Colorado Revised Statutes, as amended in section 13 of this act,5
take effect upon passage.6
SECTION 23. Safety clause. The general assembly finds,7
determines, and declares that this act is necessary for the immediate8
preservation of the public peace, health, or safety or for appropriations for9
the support and maintenance of the departments of the state and state10
institutions.11
1294
-43-