HOUSE BILL 24-1294
BY REPRESENTATIVE(S) Boesenecker and Velasco, Amabile, Bacon,
Bird, Brown, Duran, Epps, Froelich, Garcia, Hernandez, Herod, Jodeh,
Joseph, Kipp, Lieder, Lindsay, Mabrey, Marshall, Marvin, McCormick,
McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Story, Titone,
Valdez, Vigil, Willford, McCluskie, English, Hamrick, Weissman, Young;
also SENATOR(S) Cutter, Buckner, Exum, Gonzales, Hinrichsen,
Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola.
C
ONCERNING MOBILE HOMES THAT ARE LOCATED IN A MOBILE HOME PARK ,
AND, IN CONNECTION THEREWITH, SPECIFYING LEGAL RIGHTS AND
RESPONSIBILITIES RELATING TO THE SALE
, LEASE, AND PURCHASE OF
SUCH HOMES AND MAKING AN APPROPRIATION
.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 38-12-201.5, amend
the introductory portion, (1), (2), and (6); and add (1.5) as follows:
38-12-201.5. Definitions. As used in this part 2 and in part 11
PARTS
11 AND 14 of this article 12, unless the context otherwise requires:
(1) "Entry fee" means any fee paid to or received from an owner of
NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
________
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act. a mobile home park or an agent thereof except for:
(a) Rent;
(b) A security deposit to pay for actual damages to the premises or
to secure rental payments;
(c) Fees charged by any governmental agency of the state, a county,
a town, or a city;
(d) Utilities;
(e) Incidental reasonable charges for services actually performed by
the mobile home park owner or the mobile home park owner's agent and
agreed to in writing by the home owner;
(f) Late fees; and
(g) Membership fees paid to join a resident or home owner
cooperative that owns the mobile home park or other parks qualifying as
common interest communities pursuant to the "Colorado Common Interest
Ownership Act", article 33.3 of this title 38. "DIVISION" MEANS THE
DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS
.
(1.5) "E
NTRY FEE" MEANS ANY FEE PAID TO OR RECEIVED FROM AN
OWNER OF A MOBILE HOME PARK OR AN AGENT THEREOF EXCEPT FOR
:
(a) R
ENT;
(b) A
SECURITY DEPOSIT TO PAY FOR ACTUAL DAMAGES TO THE
PREMISES OR TO SECURE RENTAL PAYMENTS
;
(c) F
EES CHARGED BY ANY GOVERNMENTAL AGENCY OF THE STATE ,
A COUNTY, A TOWN, OR A CITY;
(d) U
TILITIES;
(e) I
NCIDENTAL REASONABLE CHARGES FOR SERVICES ACTUALLY
PERFORMED BY THE MOBILE HOME PARK OWNER OR THE MOBILE HOME PARK
OWNER
'S AGENT AND AGREED TO IN WRITING BY THE HOME OWNER ;
PAGE 2-HOUSE BILL 24-1294 (f) LATE FEES; AND
(g) MEMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER
COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS
QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE
"COLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS
TITLE
38.
(2) "Home owner" means any person or family of a person who
owns a mobile home that is subject to a tenancy in a mobile home park
under a rental agreement. "H
OME OWNER" INCLUDES A RESIDENT WHO IS
UNDER A RENT
-TO-OWN CONTRACT PURSUANT TO PART 14 OF THIS ARTICLE
12 THAT HAS NOT BEEN TERMINATED .
(6) "Mobile home park" or "park" means a parcel of land used for
the continuous
accommodation of five or more occupied mobile homes and
operated for the pecuniary benefit of the owner of the parcel of land or the
owner's agents, lessees, or assignees FOR WHICH THE MANAGEMENT OR
LANDLORD HAS A RENTAL AGREEMENT WITH A TENANT FOR A MOBILE HOME
OR LOT OR IS RECEIVING RENT PAYMENTS FOR A MOBILE HOME OR LOT FROM
A TENANT OR A THIRD PARTY
. "Mobile home park" does not include mobile
home subdivisions or property zoned for manufactured home subdivisions.
For purposes of this definition, the parcel of land comprising the mobile
home park does not need to be contiguous, but must be in the same
neighborhood as determined by the division.
SECTION 2. In Colorado Revised Statutes, 38-12-203, amend
(1)(c) introductory portion as follows:
38-12-203. Reasons for termination. (1) The management of a
mobile home park may terminate a tenancy only for one or more of the
following reasons:
(c) Except in the case of a home owner who cures a noncompliance
as described in section 38-12-202 (3), failure of the home owner to comply
with written rules and regulations of the mobile home park that are
enforceable pursuant to section 38-12-214 (1)
SECTION 38-12-214, are
necessary to prevent material damage to real or personal property or to the
health or safety of one or more individuals, and were:
PAGE 3-HOUSE BILL 24-1294 SECTION 3. In Colorado Revised Statutes, 38-12-203.5, amend
(2) introductory portion as follows:
38-12-203.5. Change in use of the park - remedies for home
owners - definitions. (2) If a landlord intends to change the use of the land
comprising a mobile home park or part of a mobile home park
OR THE
MOBILE HOME PARK IS CONDEMNED FOR REASONS THAT ARE THE
RESPONSIBILITY OF THE PARK OWNER AND THE CHANGE IN USE OR
CONDEMNATION
would result in the displacement of one or more mobile
homes in the park, for each displaced mobile home, the landlord shall
provide the home owner or home owners one of the following at the home
owner's or home owners' choosing within thirty days of receiving a written
demand by the home owner or home owners:
SECTION 4. In Colorado Revised Statutes, 38-12-204, amend (1),
(2), (4) introductory portion, and (4)(c); and add (4)(e) as follows:
38-12-204. Nonpayment of rent - notice required for rent
increase - limitation on rent increases. (1) Any tenancy or other estate at
will or lease in a mobile home park may be terminated upon the landlord's
written notice to the home owner
PROVIDED PURSUANT TO SECTION
38-12-212.9 requiring, in the alternative, payment of rent or the removal of
the home owner's unit from the premises, within a period of not less than
ten days after the date notice is served or posted, for failure to pay rent
when due.
(2) Rent shall not be increased without sixty days' written notice to
the home owner
PROVIDED PURSUANT TO SECTION 38-12-212.9. In addition
to the amount and the effective date of the rent increase, such written notice
shall include the name, address, and telephone number of the mobile home
park management, if such management is a principal owner, or owner of the
mobile home park and, if the owner is other than a natural person, the name,
address, and telephone number of the owner's chief executive officer or
managing partner; except that such ownership information need not be
given if it was disclosed in the rental agreement made pursuant to section
38-12-213.
(4) A landlord shall not increase rent on a resident of a mobile home
park lot
OR ISSUE A NOTICE OF RENT INCREASE if the park:
PAGE 4-HOUSE BILL 24-1294 (c) (I) Has not fully complied with any final agency order issued by
the division of housing; or GOVERNMENT ORDER .
(II) A
S USED IN SUBSECTION (4)(c)(I) OF THIS SECTION,
"
GOVERNMENT ORDER " MEANS ANY FINAL FEDERAL , STATE, OR LOCAL
ADMINISTRATIVE ORDER OR JUDICIAL ORDER
.
(e) H
AS BEEN FOUND BY THE DIVISION IN A FINAL AGENCY ORDER OR
BY A COURT
, WITHIN THE TWELVE MONTHS PRIOR TO THE FINAL AGENCY OR
COURT ORDER
, TO HAVE FAILED TO COMPLY WITH A LANDLORD 'S
RESPONSIBILITIES PURSUANT TO SECTION
38-12-212.3. THIS SUBSECTION
(4)(e) SHALL NOT APPLY TO A NEGOTIATED SETTLEMENT THAT PRECEDES A
FINAL AGENCY OR COURT ORDER
.
SECTION 5. In Colorado Revised Statutes, 38-12-204.3, amend
(2) as follows:
38-12-204.3. Notice required for termination. (2) The notice
required under this section must be
PROVIDED PURSUANT TO SECTION
38-12-212.9 in at least ten-point
TWELVE-POINT type and must read as
follows:
IMPORTANT NOTICE TO THE HOME OWNER:
This notice and the accompanying notice to quit/notice of
nonpayment of rent are the first steps in the eviction process. Any dispute
you may have regarding the grounds for eviction should be addressed with
your landlord or the management of the mobile home park or in the courts
if an eviction action is filed. Please be advised that the "Mobile Home Park
Act", part 2 of article 12 of title 38, Colorado Revised Statutes, and the
"Mobile Home Park Act Dispute Resolution and Enforcement Program"
created in section 38-12-1104, Colorado Revised Statutes, may provide you
with legal protection.
NOTICE TO QUIT: In order to terminate a home owner's tenancy,
the landlord or management of a mobile home park must serve to a home
owner a notice to quit. The notice must be in writing and must contain
certain information, including:
• The grounds for the termination of the tenancy;
• Whether or not the home owner has a right to cure under
the "Mobile Home Park Act"; and
PAGE 5-HOUSE BILL 24-1294 • That the home owner has the option of mediation pursuant
to section 38-12-216, Colorado Revised Statutes, of the
"Mobile Home Park Act" and the option of filing a complaint
through the "Mobile Home Park Act Dispute Resolution and
Enforcement Program" created in section 38-12-1104,
Colorado Revised Statutes.
NOTICE OF NONPAYMENT OF RENT: In order to terminate a
home owner's tenancy due to nonpayment of rent, the landlord or
management of a mobile home park must serve to a home owner a notice
of nonpayment of rent. The notice must be in writing and must require that
the home owner either make payment of rent or sell the owner's unit or
remove it from the premises within a period of not less than ten days after
the date the notice is served or posted, for failure to pay rent when due.
CURE PERIODS: If the home owner has a right to cure under the
"Mobile Home Park Act", the landlord or management of a mobile home
park cannot terminate a home owner's tenancy without first providing the
home owner with a time period to cure the noncompliance. "Cure" refers to
a home owner remedying, fixing, or otherwise correcting the situation or
problem that made the tenancy subject to termination pursuant to sections
38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.
COMMENCEMENT OF LEGAL ACTION TO TERMINATE THE
TENANCY: After the last day of the applicable notice period required by
section 38-12-202 (1)(c), Colorado Revised Statutes, a legal action may be
commenced to take possession of the space leased by the home owner. In
order to evict a home owner, the landlord or management of the mobile
home park must prove:
• The landlord or management complied with the notice
requirements of the "Mobile Home Park Act";
• The landlord or management provided the home owner
with a statement of reasons for termination of the tenancy;
and
• The reasons for termination of the tenancy are true and
valid under the "Mobile Home Park Act".
To defend against an eviction action, a home owner must appear in
court. If the court rules in favor of the landlord or management of the
mobile home park, the home owner has not less than thirty days from the
PAGE 6-HOUSE BILL 24-1294 time of the ruling to either remove or sell the mobile home and to vacate the
premises. If the home owner wishes to extend such period beyond thirty
days but not more than sixty days from the date of the ruling, the home
owner shall prepay to the landlord an amount equal to a pro rata share of
rent for each day following the expiration of the initial thirty-day period
after the court's ruling that the mobile home owner will remain on the
premises. All prepayments shall be paid no later than thirty days after the
court ruling. This section does not preclude earlier removal by law
enforcement officers of a mobile home or one or more mobile home owners
or occupants from the mobile home park if a mobile home owner violates
article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303, Colorado
Revised Statutes.
SECTION 6. In Colorado Revised Statutes, add 38-12-204.5 as
follows:
38-12-204.5. Eviction for rule violation - stay of eviction
proceeding - rules challenge. I
F A RESIDENT IS A DEFENDANT IN A FORCIBLE
ENTRY AND DETAINER COMPLAINT FILED IN EITHER COUNTY OR DISTRICT
COURT
, AND THE RESIDENT HAS ALSO SUBMITTED A PENDING COMPLAINT
THROUGH THE
"MOBILE HOME PARK ACT DISPUTE RESOLUTION AND
ENFORCEMENT PROGRAM", CREATED IN SECTION 38-12-1104, THAT IS
RELATED TO THE FORCIBLE ENTRY AND DETAINER ACTION
, THE RESIDENT
MAY PROVIDE A COPY OF THEIR ADMINISTRATIVE COMPLAINT TO THE
APPROPRIATE COURT OF JURISDICTION
. UPON RECEIVING CONFIRMATION OF
THE PENDING ADMINISTRATIVE COMPLAINT
, THE COURT SHALL
AUTOMATICALLY STAY ANY HEARING ON THE FORCIBLE ENTRY AND
DETAINER COMPLAINT FOR AT LEAST TWENTY
-ONE CALENDAR DAYS, DURING
WHICH THE DIVISION IS ENCOURAGED TO REVIEW AND CONDUCT AN INITIAL
ASSESSMENT OF THE COMPLAINT
. THE COURT AT ITS DISCRETION MAY STAY
THE FORCIBLE ENTRY AND DETAINER COMPLAINT FOR LONGER THAN
TWENTY
-ONE CALENDAR DAYS TO ALLOW FOR APPROPRIATE INVESTIGATION
AND ADJUDICATION OF THE PENDING ADMINISTRATIVE COMPLAINT
. THE
RESIDENT SHALL ALSO MAKE REASONABLE EFFORTS TO INFORM
ADMINISTRATORS OF THE DISPUTE RESOLUTION PROGRAM OF THE PENDING
FORCIBLE ENTRY AND DETAINER ACTION
, FOR THE DISPUTE RESOLUTION
PROGRAM TO PRIORITIZE EXPEDIENT RESOLUTION OF THE PENDING
ADMINISTRATIVE COMPLAINT
. THIS SECTION DOES NOT APPLY TO EVICTIONS
FILED PURSUANT TO SECTION
38-12-203(1)(f).
PAGE 7-HOUSE BILL 24-1294 SECTION 7. In Colorado Revised Statutes, 38-12-206, amend (3)
as follows:
38-12-206. Home owner meetings - assembly in common areas
- meeting hosted by landlord. (3) If requested by a home owner or
resident, the landlord of a mobile home park shall, within thirty days of
receiving the request, host and attend a free, public, accessible meeting for
residents of the park; except that a landlord is not required to host and
attend more than two meetings in a calendar year. Notice of the date, time,
and location of the meeting must be posted in both
English, and Spanish,
AND ANY OTHER LANGUAGE REASONABLY KNOWN TO BE SPOKEN BY MORE
THAN ONE RESIDENT IN THE PARK
in a clearly visible location in common
areas of the mobile home park, including any community hall or recreation
hall, for a period of seven days before the meeting and must be provided by
mail at least fourteen days before the meeting to each home owners'
association, residents' association, or similar body that represents the
residents of the park. In addition to mailing the notice as required by this
section, the landlord shall provide notice of the meeting by e-mail to each
home owner and resident who has an e-mail address on file with the
landlord. U
PON THE REASONABLE REQUEST OF A HOME OWNER OR RESIDENT
THAT IS MADE AT LEAST SEVEN DAYS BEFORE THE SCHEDULED MEETING
, A
LANDLORD SHALL PROVIDE AN INTERPRETER FOR ANY MEETING THAT IS
HELD PURSUANT TO THIS SECTION PURSUANT TO SECTION
38-12-212.9. IF AN
INTERPRETER IS PROVIDED
, THE LANDLORD SHALL PROVIDE ANY DOCUMENTS
OR MATERIALS FOR THE MEETING PURSUANT TO SECTION
38-12-212.9. THE
LANDLORD SHALL BEAR THE COSTS OF PROVIDING THE INTERPRETER AND FOR
TRANSLATING ANY DOCUMENTS OR MATERIALS PROVIDED FOR THE M EETING
.
A
LANDLORD MAY USE A VIRTUAL LANGUAGE LINE OR OTHER MEANS OF
PROVIDING LIVE INTERPRETATION VIRTUALLY OR ONLINE TO SATISFY THE
REQUIREMENTS OF THIS SECTION
. THE DIVISION IS ENCOURAGED TO PUBLISH
A LIST OF AVAILABLE VIRTUAL
, ONLINE, AND REMOTE INTERPRETATION
SERVICES THAT ARE OFFERED BY TRAINED INTERPRETERS
.
SECTION 8. In Colorado Revised Statutes, 38-12-209, add (5) as
follows:
38-12-209. Fees prohibited. (5) A
LANDLORD SHALL NOT CHARGE
A RESIDENT OR A HOME OWNER ANY FEE
, PENALTY, OR ANY OTHER COST FOR
REFUSING TO SIGN A NEW LEASE OR FOR RESIDING UNDER A
MONTH
-TO-MONTH OR OTHER PERIODIC TENANCY .
PAGE 8-HOUSE BILL 24-1294 SECTION 9. In Colorado Revised Statutes, 38-12-212.3, amend
(1)(a)(III)(C), (1)(b)(II), and (2)(b)(II); and add (1)(d) and (5.5) as follows:
38-12-212.3. Responsibilities of landlord - acts prohibited.
(1) (a) Except as otherwise provided in this section:
(III) A landlord shall ensure that:
(C) Running water and reasonable amounts of water are furnished
at all times to each utility pedestal or pad space; except that a landlord need
not satisfy the conditions described in this subsection (1)(a)(III)(C) if a
mobile home is individually metered and the tenant occupying the mobile
home fails to pay for water services; the local government in which the
mobile home park is situated shuts off water service to a mobile home for
any reason;
A THIRD-PARTY WATER PROVIDER SHUTS OFF WATER FOR THE
MOBILE HOME PARK FOR ANY REASON THAT IS UNRELATED TO THE
LANDLORD
'S ACTIONS OR INACTIONS ; weather conditions present a
likelihood that water pipes will freeze, water pipes to a mobile home are
wrapped in heated pipe tape, and the utility company has shut off electrical
service to a mobile home for any reason or the heat tape malfunctions for
any reason; running water is not available for any other reason outside the
landlord's control to prevent through reasonable and timely maintenance; or
the landlord is making repairs or improvements to the items described in
subsection (1)(a)(II) of this section, the landlord has provided reasonable
advance notice to the mobile home residents of a service disruption that is
required in connection with the repairs or improvements, and the service
disruption continues for no longer than twenty-four hours.
(b) If a landlord fails to maintain or repair the items described in
subsection (1)(a)(II) or (2)(b) of this section:
(II) The landlord is responsible for and shall pay the cost of
providing alternative sources of potable water
REASONABLY SUFFICIENT FOR
DRINKING AND COOKING NO LATER THAN TWELVE HOURS AFTER A SERVICE
DISRUPTION BEGINS
, AND REASONABLY SUFFICIENT FOR BATHING AND ALL
OTHER ESSENTIAL HYGIENE FOR ALL MEMBERS OF THE HOUSEHOLD NO LATER
THAN SEVENTY
-TWO HOURS AFTER A SERVICE DISRUPTION BEGINS , and FOR
maintaining portable toilets which portable toilets THAT are located
reasonably near affected mobile homes in a manner that renders them
accessible to people with disabilities, no later than twelve hours after the
PAGE 9-HOUSE BILL 24-1294 service disruption begins, unless conditions beyond the landlord's control
REASONABLY prevent compliance with this subsection (1)(b)(II); and
(d) I
N ADDITION TO THE REQUIREMENTS OF SUBSECTION (1)(b) OF
THIS SECTION
, A LANDLORD MUST ALSO PROVIDE A RESIDENT WITH POTABLE
WATER REASONABLY SUFFICIENT FOR DRINKING
, COOKING, BATHING, AND
ALL OTHER ESSENTIAL HYGIENE WITHIN THE TIME FRAMES SPECIFIED IN
SUBSECTION
(1)(b)(II) OF THIS SECTION IF THE MOBILE HOME PARK OR THE
RESIDENT OR HOME OWNER
'S LOT IN THE PARK IS SUBJECT TO A BOIL WATER
ADVISORY THAT WAS CAUSED DUE TO MAINTENANCE OR REPAIRS TO THE
PARK PERFORMED OR ORDERED BY A PARK OWNER OR A PARK OWNER
'S
AGENT OR CONTRACTOR UNTIL THE ADVISORY HAS BEEN RESCINDED BY THE
ISSUING AGENCY
. A LANDLORD SHALL ALSO PROVIDE A NOTICE , POSTED IN
A CONSPICUOUS PLACE ON EACH MOBILE HOME LOT IN BOTH
ENGLISH AND
SPANISH, OF A BOIL WATER ADVISORY AS SOON AS POSSIBLE BUT NOT LATER
THAN TWENTY
-FOUR HOURS AFTER THE LANDLORD RECEIVES THE BOIL
WATER ADVISORY
. NOTICES THAT ARE REQUIRED TO BE REISSUED MUST
ALSO BE POSTED IN COMPLIANCE WITH THIS SUBSECTION
(1)(d).
(2) In addition to the responsibilities described in subsection (1)(a)
of this section, a landlord is responsible for:
(b) The premises, including:
(II) Maintaining roads,
EXISTING OR CONSTRUCTED SIDEWALKS, and
other pavement owned by the landlord in a passable, safe condition that is
sufficient to provide access for residents' vehicles, emergency vehicles, vans
providing transportation services to persons who are elderly or disabled, and
school buses, if applicable, which maintenance includes snow removal,
ensuring adequate drainage, and maintaining pavement above water lines,
AND SNOW REMOVAL FOR ALL ROADWAYS AND FOR ALL PEDESTRIAN
SIDEWALKS AND OTHER PAVEMENTS THAT PROVIDE ACCESS TO MAILBOXES
,
PUBLIC NOTICE AREAS, AND PUBLIC BUILDINGS;
(5.5) A
LANDLORD SHALL ESTABLISH A UNIQUE MAILING ADDRESS
AND MAILBOX FOR EACH MOBILE HOME PARK LOT TO PROVIDE ACCESS TO
UNITED STATES MAIL SERVICE AND SHALL INCLUDE THE MAILING ADDRESS
IN THE RENTAL AGREEMENT
. THE MAILBOXES PROVIDED UNDER THIS
SECTION MAY BE LOCATED IN ONE OR MORE COMMON AREAS LOCATED
WITHIN THE PARK OR ON INDIVIDUAL LOTS
. THE REQUIREMENTS OF THIS
PAGE 10-HOUSE BILL 24-1294 SUBSECTION (5.5) DO NOT APPLY IF UNITED STATES MAIL SERVICE IS NOT
AVAILABLE IN THE GEOGRAPHIC AREA WHERE THE PARK IS LOCATED
.
SECTION 10. In Colorado Revised Statutes, 38-12-212.5, amend
(2)(e) and (2)(f); and add (2)(g) as follows:
38-12-212.5. Prohibition on retaliation and harassment -
definition. (2) Except as described in subsection (3) of this section, in an
action or administrative proceeding by or against a home owner or resident,
the management's action is presumed to be retaliatory if, within the one
hundred twenty days preceding the management's action, the home owner
or resident:
(e) Participated in a vote or decision-making process concerning the
opportunity to purchase the mobile home park pursuant to section
38-12-217; or
(f) Filed a water quality complaint or requested remediation to
address a water quality issue under part 10 of article 8 of title 25;
OR
(g) REQUESTED THAT THE LANDLORD PROVIDE COMMUNICATIONS
REQUIRED IN THIS PART
2 OR PART 11 OR 14 OF THIS ARTICLE 12 IN A
LANGUAGE OTHER THAN
ENGLISH.
SECTION 11. In Colorado Revised Statutes, add 38-12-212.9 as
follows:
38-12-212.9. Language access requirements. (1) E
XCEPT AS
OTHERWISE PROVIDED IN THIS PART
2 OR PART 11 OR 14 OF THIS ARTICLE 12,
A LANDLORD SHALL PROVIDE ANY NOTICE , DISCLOSURE, OR OTHER
COMMUNICATION THAT A LANDLORD IS REQUIRED TO PROVIDE TO A
RESIDENT PURSUANT TO THIS PART
2 OR PART 11 OR 14 OF THIS ARTICLE 12,
IN ENGLISH AND SPANISH. AT ANY TIME, A RESIDENT MAY REQUEST THAT A
LANDLORD PROVIDE A NOTICE
, DISCLOSURE, OR OTHER COMMUNICATION IN
ONE ADDITIONAL LANGUAGE
, OTHER THAN ENGLISH OR SPANISH, SPOKEN BY
THE RESIDENT
. IF A LANDLORD RECEIVES A REQUEST TO PROVIDE A NOTICE ,
DISCLOSURE, OR COMMUNICATION IN ONE ADDITIONAL LANGUAGE OTHER
THAN
ENGLISH OR SPANISH, THE LANDLORD SHALL PROVIDE ANY
SUBSEQUENT NOTICES
, DISCLOSURES, OR COMMUNICATIONS REQUIRED
PURSUANT TO THIS PART
2 OR PART 11 OR 14 OF THIS ARTICLE 12 TO THE
PAGE 11-HOUSE BILL 24-1294 RESIDENT IN THE REQUESTED LANGUAGE . A LANDLORD MAY PROVIDE A
TRANSLATION PURSUANT TO THIS SECTION VIRTUALLY OR THR OUGH THE USE
OF AN ONLINE TRANSLATION PROGRAM
, INCLUDING PROGRAMS THAT MAY BE
PUBLISHED BY THE DIVISION
, SO LONG AS THE TRANSLATED WRITTEN NOTICE ,
DISCLOSURE, OR COMMUNICATION SATISFIES ALL APPLICABLE LEGAL
REQUIREMENTS
.
(2) A
T ANY TIME, A RESIDENT MAY REQUEST THAT A LANDLORD
PROVIDE A WRITTEN NOTICE
, DISCLOSURE, OR OTHER COMMUNICATION
VERBALLY IN
ENGLISH ONE TIME TO THE RESIDENT IN ADDITION TO
PROVIDING THE RESIDENT WITH A WRITTEN NOTICE
, DISCLOSURE, OR OTHER
COMMUNICATION
. IF THE LANDLORD RECEIVES A REQUEST TO PROVIDE A
NOTICE
, DISCLOSURE, OR OTHER COMMUNICATION VERBALLY , THE
LANDLORD SHALL READ THE NOTICE
, DISCLOSURE, OR OTHER
COMMUNICATION ALOUD TO THE RESIDENT WITHIN SEVENTY
-TWO HOURS OF
THE RESIDENT MAKING THE REQUEST
. TO SATISFY THE REQUIREMENT OF THIS
SUBSECTION
(2), A LANDLORD MAY ALSO PROVIDE AN AUDIO OR VIDEO
RECORDING OF THE NOTICE
, DISCLOSURE, OR OTHER COMMUNICATION BEING
READ ALOUD
.
(3) A
LANDLORD SHALL ENSURE THAT ANY NOTICE , DISCLOSURE, OR
OTHER COMMUNICATION REQUIRED PURSUANT TO THIS PART
2 OR PART 11
OR 14 OF THIS ARTICLE 12 IS WRITTEN IN CLEAR AND PLAIN LANGUAGE AND
INCLUDES ALL INFORMATION REASONABLY NECESSARY FOR THE RESIDENT
TO UNDERSTAND THE RESIDENT
'S RIGHTS AND RESPONSIBILITIES . A
TRANSLATED NOTICE, DISCLOSURE, OR OTHER COMMUNICATION MUST
ACCURATELY CONVEY THE MEANING OF THE ORIGINAL
ENGLISH NOTICE,
DISCLOSURE, OR OTHER COMMUNICATION . EACH NOTICE, DISCLOSURE, OR
OTHER COMMUNICATION
, REGARDLESS OF THE LANGUAGE , MUST BE CLEAR
AND UNAMBIGUOUS TO ENSURE THAT IT IS EASILY UNDERSTOOD BY ALL
PARK RESIDENTS
. A LANDLORD SHALL MAKE REASONABLE EFFORTS TO
PROVIDE A NOTICE
, DISCLOSURE, OR OTHER COMMUNICATION IN THE
SIMPLEST LANGUAGE PRACTICABLE TO CONVEY THE REQUIRED MESSAGE
.
(4) A
RESIDENT MAY RESPOND IN ENGLISH OR SPANISH TO ANY
NOTICE
, DISCLOSURE, OR OTHER COMMUNICATION PROVIDED BY A
LANDLORD
. A RESIDENT WHO HAS REQUESTED THAT A LANDLORD PROVIDE
A NOTICE
, DISCLOSURE, OR OTHER COMMUNICATION IN A LANGUAGE OTHER
THAN
ENGLISH OR SPANISH MAY RESPOND TO THE NOTICE, DISCLOSURE, OR
OTHER COMMUNICATION IN THE REQUESTED LANGUAGE
.
PAGE 12-HOUSE BILL 24-1294 (5) A RESIDENT MAY REQUEST THAT A LANDLORD PROVIDE AN
INTERPRETER IN ONE LANGUAGE IN ADDITION TO
ENGLISH AND SPANISH
THAT THE RESIDENT USES FOR ANY NON
-WRITTEN NOTICE, DISCLOSURE, OR
OTHER COMMUNICATION WITH RESIDENTS
, INCLUDING IN A MEETING
REQUIRED PURSUANT TO SECTION
38-12-206. A LANDLORD SHALL PROVIDE
AN INTERPRETER IN THE REQUESTED LANGUAGE AND MAY PROVIDE THE
INTERPRETATION IN PERSON OR VIRTUALLY THROUGH AN INTERPRETATION
SERVICE
, INCLUDING A VIRTUAL OR REMOTE LANGUAGE LINE THAT PROVIDES
LIVE INTERPRETATION BY A TRAINED INTERPRETER
. NON-WRITTEN
LANGUAGE INCLUDES
AMERICAN SIGN LANGUAGE.
SECTION 12. In Colorado Revised Statutes, 38-12-213, amend (1)
introductory portion as follows:
38-12-213. Rental agreement - disclosure of terms in writing -
prohibited provisions. (1) The management shall adequately disclose the
terms and conditions of a tenancy in writing in a rental agreement
IN
ENGLISH, OR UPON REQUEST IN BOTH ENGLISH AND SPANISH, to any
prospective home owner before the rental or occupancy of a mobile home
space or lot. The disclosures must include:
SECTION 13. In Colorado Revised Statutes, 38-12-214, amend (1)
introductory portion, (1)(e), (2.5), (2.7)(a)(II), and (3)(a); repeal and
reenact, with amendments, (2); and add (2.7)(c) as follows:
38-12-214. Rules and regulations - amendments - notice -
complaints. (1) The management shall adopt written rules and regulations
concerning residents' or home owners' use and occupancy of the premises.
T
HE MANAGEMENT SHALL PROVIDE A RESIDENT OR HOME OWNER WITH A
WRITTEN COPY OF THE ADOPTED RULES AND REGULATIONS IN
ENGLISH AND
SPANISH. Except as otherwise provided in this section, such rules and
regulations are enforceable against a resident or home owner only if:
(e) They are established in the rental agreement at the inception of
the tenancy, amended subsequently with the written consent of the home
owner, or, except as described in subsection (2) of this section, amended
subsequently without the written consent of the home owner after the
management has provided written notice,
IN BOTH ENGLISH AND SPANISH,
of the amendments to the home owner
IN A COMMON AREA AND IN A
CONSPICUOUS PLACE ON EACH HOME OWNER
'S MOBILE HOME LOT at least
PAGE 13-HOUSE BILL 24-1294 sixty days before the amendments become effective, and, if applicable,
enforced in compliance with subsection (3) of this section.
(2) (a) W
HEN A MOBILE HOME OR ANY ACCESSORY BUILDING OR
STRUCTURE IS OWNED BY A PERSON OTHER THAN THE OWNER OF THE MOBILE
HOME PARK IN WHICH THE MOBILE HOME IS LOCATED
, THE MOBILE HOME
AND THE ACCESSORY BUILDING OR STRUCTURE ARE EACH A SEPARATE UNIT
OF OWNERSHIP
. THE ACCESSORY BUILDING OR STRUCTURE ARE EACH
PRESUMED TO BE OWNED BY THE OWNER OF THE MOBILE HOME UNLESS
THERE IS A WRITTEN AGREEMENT ESTABLISHING OWNERSHIP BY ANOTHER
PERSON
.
(b) I
F A RULE OR REGULATION REQUIRES A HOME OWNER TO INCUR
A COST OR IMPOSES RESTRICTIONS OR REQUIREMENTS ON THE HOME OWNER
'S
RIGHT TO CONTROL WHAT HAPPENS IN OR TO THE MOBILE HOME OR ANY
ACCESSORY BUILDING OR STRUCTURE
, THE RULE OR REGULATION IS
PRESUMED UNREASONABLE PURSUANT TO SUBSECTION
(1)(c) OF THIS
SECTION UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR
REGULATION
:
(I) I
S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY OF
PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE PROTECTION
AT THE LOWEST EXPENSE TO HOME OWNERS AS IS REASONABLY POSSIBLE
;
(II) I
S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A
FEDERAL
, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING LOCAL
NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER RESIDENTS
;
(III) I
S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT
COERCION OR MISREPRESENTATION BY MANAGEMENT
, IN WHICH CASE THE
RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE
COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION
; OR
(IV) IN A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS
ESTABLISHED BY THE MANAGING HOME OWNER OR GANIZATION IN
ACCORDANCE WITH THE ORGANIZATION
'S BYLAWS AND MORE THAN FIFTY
PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION
.
(c) (I) R
ULES OR REGULATIONS THAT IMPOSE RESTRICTIONS OR
REQUIREMENTS ON THE HOME OWNER
'S RIGHT TO CONTROL WHAT HAPPENS
PAGE 14-HOUSE BILL 24-1294 IN OR TO A HOME OWNER'S MOBILE HOME OR ANY ACCESSORY BUILDING OR
STRUCTURE INCLUDE
, BUT ARE NOT LIMITED TO , THOSE THAT IMPOSE
REQUIREMENTS RELATED TO THE FOLLOWING
:
(A) T
HE STRUCTURE AND APPEARANCE OF THE MOBILE HOME ,
BUILDING, OR STRUCTURE, INCLUDING RULES OR REGULATIONS REQUIRING
AESTHETIC IMPROVEMENTS
;
(B) W
HO MAY VISIT THE MOBILE HOME, BUILDING, OR STRUCTURE,
OR WHO MAY RESIDE AT THE MOBILE HOME ;
(C) L
AWFUL ACTIVITIES TAKING PLACE IN THE MOBILE HOME ,
BUILDING, OR STRUCTURE; AND
(D) RESIDENT OCCUPANCY LIMITS THAT ARE STRICTER THAN
APPLICABLE FEDERAL
, STATE, AND LOCAL OCCUPANCY LAWS .
(II) T
HIS SUBSECTION (2)(c) DOES NOT PRECLUDE A LANDLORD FROM
CONDUCTING ANY LAWFUL SCREENING OF A RENTAL APPLICATION
.
(d) B
EGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION (2),
ANY NOTICE TO QUIT SERVED PURS UANT TO SECTION 38-12-204.3 OR ANY
COMPLAINT TO TERMINATE TENANCY PURSUANT TO SECTION
38-12-203
(1)(c)
SHALL INCLUDE A STATEMENT THAT SPECIFICALLY SETS FORTH THE
BASIS FOR ENFORCEABILITY PURSUANT TO SUBSECTION
(1) OF THIS SECTION
AND SECTION
38-12-203 (1)(c), INCLUDING THE SPECIFIC PURPOSE REQUIRED
PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION AND HOW THE RULE OR
REGULATION IS REASONABLY RELATED TO THE STATED PURPOSE AS
REQUIRED PURSUANT TO SUBSECTION
(1)(b) OF THIS SECTION. A GENERAL
STATEMENT THAT A RULE OR REGULATION PROMOTES SAFETY OR WELFARE
IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THIS SUBSECTION
(2)(d)
OR SECTION 38-12-203 (1)(c).
(e) T
HE DIVISION IS AUTHORIZED TO PROMULGATE RULES THAT :
(I) S
PECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT ARE
NOT STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE
UNENFORCEABLE OR PRESUMPTIVELY UNENFORCEABLE
; AND
(II) SPECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT ARE
PAGE 15-HOUSE BILL 24-1294 STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE ENFORCEABLE
OR PRESUMPTIVELY ENFORCEABLE
.
(2.5) (a) Subsection (2) of this section does not prohibit the
management from requiring compliance by a new home owner with park
rules and regulations that were not enforceable against the previous home
owner after the sale or transfer of a mobile home or accessory building or
structure as described in subsection (2.5)(b) of this section provided that
IF
the rules or regulations comply with this section and have been duly noticed,
IN BOTH ENGLISH AND SPANISH, to all home owners and residents,
including the seller, pursuant to subsection (1)(e) of this section; except
that, as used in this subsection (2.5), "transfer" does not include a transfer
of ownership pursuant to death or divorce or a transfer of ownership to a
new co-owner who is an immediate family member, spouse, or domestic
partner of the home owner.
(b) The management shall not require a home owner selling a
mobile home or accessory building or structure to ensure that the mobile
home or accessory building or structure complies with any rules or
regulations by the closing date of the sale or to bear the costs of compliance
with any such rules or regulations. If the management requires all
prospective buyers to comply with such rules and regulations as a condition
of gaining tenancy in the park, the management shall promptly provide a
written list of items for which the management requires action to the seller
upon receiving notice that the mobile home is for sale. The seller shall
provide the list to all prospective buyers, and the management shall provide
the list to the buyer upon receiving an application for tenancy. The
management shall allow a reasonable amount of time after closing for the
buyer to bring the mobile home or accessory building or structure into
compliance, which must be at least thirty days from the closing date.
D
URING THE PERIOD IN WHICH THE BUYER MAY BRING THE MOBILE HOME OR
ACCESSORY BUILDING OR STRUCTURE INTO COMPLIANCE
, THE MANAGEMENT
SHALL PROVIDE THE BUYER WITH REASONABLE ACCESS TO THE MOBILE HOME
OR ACCESSORY BUILDING OR STRUCTURE
, INCLUDING ACCESS TO THE MOBILE
HOME OR ACCESSORY BUILDING OR STRUCTURE FOR THE PURPOSE OF
STORING BELONGINGS UNTIL THE BUYER IS ABLE TO RESIDE IN THE MOBILE
HOME
.
(2.7) (a) Notwithstanding any rental agreement, the management
shall not interfere with a home owner's right to sell a mobile home or
PAGE 16-HOUSE BILL 24-1294 accessory building or structure, in place or otherwise, to a buyer of the
home owner's choosing, regardless of the age of the home, except as
necessary for the management to ensure:
(II) The financial ability of the home buyer to comply with the
buyer's obligations as a new tenant
PURSUANT TO SUBSECTION (2.7)(c) OF
THIS SECTION
;
(c) A
BUYER DEMONSTRATES THE BUYER 'S FINANCIAL ABILITY TO
COMPLY WITH THE PROVISIONS OF SUBSECTION
(2.7)(a)(II) OF THIS SECTION
IF THE BUYER CAN DEMONSTRATE THAT
:
(I) T
HE BUYER HAS A MONTHLY INCOME THAT IS AT LEAST TWO
HUNDRED PERCENT OF THE SELLER
'S CURRENT MONTHLY LOT RENT FOR ONE
MONTH
; OR
(II) THE BUYER HAS OTHER CASH ASSETS THAT ARE AT LEAST TWO
HUNDRED PERCENT OF THE SELLER
'S CURRENT MONTHLY LOT RENT FOR SIX
MONTHS
.
(3) (a) If the management provides each home owner written notice,
IN BOTH ENGLISH AND SPANISH, of the management's intent to add or amend
any written rule or regulation as described in subsection (1)(e) of this
section,
OR IF THE MANAGEMENT INDICATES THAT IT WILL BEGIN ENFORCING
A RULE OR REGULATION THAT WAS PREVIOUSLY UNENFORCED
, a home
owner may file a complaint challenging the rule, regulation, or amendment
pursuant to section 38-12-1105 within sixty days after receiving the notice.
If a home owner files such a complaint and the new or amended rule or
regulation will increase a cost to the home owner in an amount that equals
or exceeds ten percent of the home owner's monthly rent obligation under
the rental agreement, the management shall not enforce the rule, regulation,
or amendment unless and until the parties reach an agreement concerning
the rule, regulation, or amendment or the dispute resolution process
concludes and the division of housing within the department of local affairsissues a written determination, pursuant to section 38-12-1105 (4), that the rule, regulation, or amendment does not constitute a violation of this part 2 and may be enforced. Notwithstanding any provision of part 11 of this article 12 to the contrary, as part of the complaint process described in section 38-12-1105, the management has the burden of establishing that the rule, regulation, or amendment satisfies the requirements described in
PAGE 17-HOUSE BILL 24-1294 subsections (1) and (2) of this section.
SECTION 14. In Colorado Revised Statutes, 38-12-217, amend
(9)(b); and add (9)(b.5) as follows:
38-12-217. Notice of change of use - notice of sale or closure of
park - opportunity for home owners to purchase - procedures -
exemptions - enforcement - private right of action - definition.
(9) Independence of time limits and notice provisions. (b) (I)
A landlord
is not required to provide a new or subsequent notice of intent to sell for
each triggering event listed in subsection (1)(a) of this section if:
(I) (A) The new demonstration of intent occurs within sixty calendar
days of the certified mailing of the most recent notice under subsection (2)
of this section; and
(B) There are no material changes to the identity of a potential buyer
if the landlord has made a conditional agreement with a buyer; to the time
when the park is listed for sale; or to the price, terms, and conditions of an
acceptable offer the landlord has received to sell the mobile home park or
for which the landlord intends to sell the park, which were included in the
most recent notice provided pursuant to subsection (1)(a) of this section;
OR
(II) Any material change to the price, terms, and conditions of anacceptable offer the landlord has received to sell the mobile home park or
for which the landlord intends to sell the park is considered a new triggering
event, requiring a new notice pursuant to subsection (1)(a) of this section
and creating a new one-hundred-twenty-day time period. THE LANDLORD IS
ONLY CONSIDERING AN OFFER FROM A GROUP OR ASSOCIATION OF HOME
OWNERS WHO RESIDE IN THE PARK
; EXCEPT THAT A LANDLORD SHALL
PROVIDE A NEW OR SUBSEQUENT NOTICE IF AT ANY POINT THERE IS A NEW
TRIGGERING EVENT SPECIFIED IN SUBSECTION
(1)(a) OF THIS SECTION
INVOLVING A DIFFERENT PARTY
.
(b.5) A
NY MATERIAL CHANGE TO THE PRICE , TERMS, AND
CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO
SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO
SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT
, REQUIRING A NEW
NOTICE PURSUANT TO SUBSECTION
(1)(a) OF THIS SECTION AND CREATING A
NEW ONE
-HUNDRED-TWENTY-DAY TIME PERIOD.
PAGE 18-HOUSE BILL 24-1294 SECTION 15. In Colorado Revised Statutes, 38-12-220, add (6) as
follows:
38-12-220. Private civil right of action. (6) (a) A
COURT HAS THE
DISCRETION TO ORDER
, AFTER A REVIEW OF THE FILINGS OR AT ANY POINT
THEREAFTER
, THAT A LANDLORD CEASE FROM INCREASING RENT ON A
MOBILE HOME PARK LOT OR ISSUING A NOTICE OF A RENT INCREASE IF THE
LANDLORD HAS BEEN NAMED AS A DEFENDANT IN ANY PENDING LAWSUIT OR
ADMINISTRATIVE COMPLAINT THAT ALLEGES
:
(I) A
VIOLATION OF THE "MOBILE HOME PARK ACT", PART 2 OF THIS
ARTICLE
12, OR A VIOLATION RELATED TO A MOBILE HOME PARK LOCATED
IN
COLORADO;
(II) A
VIOLATION OF THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C.
SEC. 3601 ET SEQ., AS AMENDED, OR THE FAIR HOUSING PROVISIONS IN PART
5 OF ARTICLE 34 OF TITLE 24; OR
(III) A VIOLATION RELATED TO UNLAWFUL PRICE FIXING , ILLEGAL
PRACTICES CONCERNING RENT
, FEES, CONSUMER PROTECTION LAWS ,
ANTI-TRUST PROTECTIONS, OR FINANCIAL IMPROPRIETY RELATED TO A
MOBILE HOME PARK
.
(b) A
COURT SHALL ORDER THAT A LANDLORD REFUND A
HOMEOWNER OR A RESIDENT ANY RENT THAT THE COURT DETERMINES WAS
UNLAWFULLY COLLECTED OR RETAINED IN ADDITION TO ANY OTHER
REMEDIES OR DAMAGES AUTHORIZED UNDER LAW
.
SECTION 16. In Colorado Revised Statutes, 38-12-223, amend
(1)(c), (1)(d)(IV), and (1)(d)(V); and add (1)(d)(VI), (1)(e), (1)(f), and (5.5)
as follows:
38-12-223. Tenancy and park sale records. (1) A landlord shall
retain records for each home owner and resident throughout the home
owner's or resident's tenancy and for twelve months after the tenancy ends,
including documentation of:
(c) Written rules and regulations adopted by the current or previous
landlord during the home owner's or resident's tenancy; and
PAGE 19-HOUSE BILL 24-1294 (d) Each request from the home owner or resident relating to the
following, including whether the landlord at the time approved or
disapproved each request:
(IV) Decks, fences, wheelchair ramps, or other structural changes
to the home or lot; and
(V) Use of property related to parking of vehicles and use of
vehicles;
AND
(VI) A REQUEST FROM THE RESIDENT OR HOME OWNER THAT
NOTICES
, DISCLOSURES, OR OTHER COMMUNICATIONS BE PROVIDED IN A
LANGUAGE OTHER THAN
ENGLISH;
(e) A
PAYMENT LEDGER THAT DOCUMENTS ANY RENT OR OTHER TYPE
OF PAYMENT FROM A RESIDENT OR HOME OWNER
, THE AMOUNT PAID, AND
THE DATE THE PAYMENT WAS MADE
; AND
(f) WRITTEN NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS
PROVIDED TO RESIDENTS AND HOME OWNERS WHO HAVE REQUESTED THAT
THE LANDLORD PROVIDE NOTICES
, DISCLOSURES, OR OTHER
COMMUNICATIONS IN A LANGUAGE OTHER THAN
ENGLISH.
(5.5) N
OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5) OF
THIS SECTION
, AT ANY POINT DURING A TENANCY OR TWELVE MONTHS AFTER
A TENANCY HAS ENDED
, A RESIDENT MAY REQUEST A COPY OF THEIR
PAYMENT LEDGER AND THE LANDLORD SHALL PROVIDE A COPY WITHIN TEN
CALENDAR DAYS
.
SECTION 17. In Colorado Revised Statutes, add 38-12-1105.5 as
follows:
38-12-1105.5. Sale or change in control of the park - complaint
pending - duties of landlord. (1) I
F THERE IS A SALE OR OTHER CHANGE IN
CONTROL OF A MOBILE HOME PARK WHILE A COMPLAINT FILED PURSUANT TO
SECTION
38-12-1105 IS PENDING BEFORE THE DIVISION OR PRIOR TO THE
LANDLORD
'S COMPLIANCE WITH ALL REMEDIAL ACTIONS AND PENALTIES
ORDERED BY THE DIVISION AS A RESULT OF A COMPLAINT THAT WAS
PREVIOUSLY FILED
, THE LANDLORD AT THE TIME THAT THE COMPLAINT WAS
FILED SHALL
, AS A PRIOR CONDITION OF THE SALE OR CHANGE IN CONTROL
PAGE 20-HOUSE BILL 24-1294 OF THE MOBILE HOME PARK:
(a) P
ROVIDE ALL DOCUMENTS RELATED TO THE COMPLAINT ,
INCLUDING ANY NOTICE OF VIOLATION OR FINAL AGENCY ORDER ISSUED BY
THE DIVISION
, TO A PROSPECTIVE BUYER AS PART OF THE DUE DILIGENCE
PROCESS OF ANY SALE
;
(b) P
AY ALL PENALTIES ORDERED BY THE DIVISION IN A FINAL
AGENCY ORDER AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE
DIVISION
; AND
(c) FOR A PENDING COMPLAINT IN WHICH THE DIVISION HAS NOT
ISSUED A FINAL AGENCY ORDER
, IF REQUESTED BY THE PROSPECTIVE BUYER
OR ORDERED BY THE DIVISION
, PLACE INTO AN ESCROW ACCOUNT MONEY
SUFFICIENT TO COVER EITHER THE REMEDIATION COST OR AN ESTIMATED
PENALTY THAT COULD BE ASSESSED BY THE DIVISION
. THE SELLER IS
ENTITLED TO THE RETURN OF MONEY PLACED IN ESCROW IF NO VIOLATION IS
FOUND IN A FINAL AGENCY ORDER
.
(2) I
F THE DIVISION ORDERS ONE OR MORE REMEDIAL ACTIONS IN A
FINAL AGENCY ORDER PRIOR TO THE SALE OF A MOBILE HOME PARK
:
(a) T
HE LANDLORD SHALL COMPLETE ALL REMEDIAL ACTIONS PRIOR
TO THE SALE AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE DIVISION
;
OR
(b) THE LANDLORD AND THE PROSPECTIVE BUYER SHALL JOINTLY
SUBMIT TO THE DIVISION A WRITTEN REMEDIAL PLAN THAT REQUIRES ALL
REMEDIAL ACTIONS TO BE COMPLETED WITHIN ONE YEAR
. THE DIVISION MAY
ACCEPT OR REJECT THE PROPOSED REMEDIAL PLAN AND ASSESS PENALTIES
AGAINST EITHER PARTY IF A REMEDIAL PLAN SUBMITTED PURSUANT TO THIS
SECTION IS NOT COMPLETED
.
(3) I
F THERE IS A SALE OR OTHER CHANGE IN CONTROL OF A MOBILE
HOME PARK WHILE A COMPLAINT IS PENDING BEFORE THE DIVISION
, THE
DIVISION MAY ADD ANY LANDLORD SUCCESSOR IN INTEREST AS A PARTY
WITH NO FURTHER ACTION NEEDED BY THE FILING PARTY
.
SECTION 18. In Colorado Revised Statutes, add part 14 to article
12 of title 38 as follows:
PAGE 21-HOUSE BILL 24-1294 PART 14
RENT-TO-OWN MOBILE HOME CONTRACTS
38-12-1401. Mobile home rent-to-own contracts - general
provisions - definition. (1) A
S USED IN THIS PART 14, UNLESS THE CONTEXT
OTHERWISE REQUIRES
:
(a) "P
URCHASE PAYMENT" MEANS ANY KIND OF PAYMENT THAT IS
CREDITED TO THE PURCHASER TOWARD THE PURCHASE PRICE OF A MOBILE
HOME
, REGARDLESS OF HOW THE PAYMENT IS DENOMINATED .
(b) "R
ENT-TO-OWN CONTRACT " MEANS ANY RENT -TO-OWN,
LEASE-TO-OWN, PURCHASE OPTION, OR OTHER AGREEMENT IN WHICH THE
PURCHASER OF A MOBILE HOME AGREES TO OR RECEIVES THE OPTION TO
PURCHASE THE MOBILE HOME OVER A PERIOD MUTUALLY AGREED UPON
WITH THE SELLER OF THE MOBILE HOME
.
(2) T
HIS PART 14 APPLIES ONLY TO A RENT-TO-OWN CONTRACT FOR
A MOBILE HOME LOCATED IN A MOBILE HOME PARK AND WHEN THE SELLER
OF THE MOBILE HOME
:
(a) I
S THE LANDLORD OF THE MOBILE HOME PARK ; OR
(b) OWNS MORE THAN ONE MOBILE HOME IN COLORADO.
(3) T
HE PURCHASER UNDER A RENT-TO-OWN CONTRACT IS DEEMED
TO BE A
"HOME OWNER", AS THAT TERM IS DEFINED IN SECTION 38-12-201.5
(2),
AND HAS ALL OF THE RIGHTS OF A HOME OWNER UNDER PART 2 OF THIS
ARTICLE
12, UNLESS OTHERWISE SPECIFIED IN THIS PART 14 OR UNTIL THE
RENT
-TO-OWN CONTRACT IS VALIDLY TERMINATED PURSUANT TO THIS PART
14.
(4) I
F THE SELLER OF A MOBILE HOME IS THE LANDLORD OF A MOBILE
HOME PARK
, THE SELLER SHALL DISCLOSE ALL RENT-TO-OWN CONTRACTS TO
WHICH THE SELLER IS A PARTY ON THE ANNUAL REGISTRATION REQUIRED
PURSUANT TO SECTION
38-12-1106.
38-12-1402. Mobile home rent-to-own contracts - requirements
- terms - termination. (1) A
RENT-TO-OWN CONTRACT MUST BE IN WRITING
AND SIGNED BY THE PURCHASER AND THE SELLER OF THE MOBILE HOME
. A
PAGE 22-HOUSE BILL 24-1294 RENT-TO-OWN CONTRACT THAT IS NOT IN WRITING OR THAT IS NOT SIGNED
BY BOTH THE PURCHASER AND THE SELLER IS NOT ENFORCEABLE BY EITHER
PARTY
.
(2) A
RENT-TO-OWN CONTRACT MUST BE IN EITHER ENGLISH OR
BOTH
ENGLISH AND SPANISH, AS REQUESTED BY THE PURCHASER .
(3) B
EFORE ENTERING INTO A RENT-TO-OWN CONTRACT, THE SELLER
OF THE MOBILE HOME MUST PROVIDE THE PURCHASER WITH THE FOLLOWING
:
(a) P
ROOF OF THE SELLER'S OWNERSHIP OF THE MOBILE HOME ,
INCLUDING A COPY OF THE SELLER'S VALID CERTIFICATE OF TITLE TO THE
MOBILE HOME AND A DISCLOSURE OF ANY LIENS PLACED ON THE HOME
,
INCLUDING A COPY OF ANY LIENS, IF AVAILABLE; AND
(b) A DISCLOSURE THAT THE PURCHASER HAS THE RIGHT TO HAVE
THE MOBILE HOME PROFESSIONALLY APPRAISED AT THE BUYER
'S EXPENSE
AND THAT THE SELLER SHALL MAKE REASONABLE EFFORTS TO MAKE THE
MOBILE HOME AVAILABLE FOR APPRAISAL
.
(4) A
RENT-TO-OWN CONTRACT MUST CONTAIN THE FOLLOWING
INFORMATION
:
(a) T
HE MANUFACTURER OF THE MOBILE HOME AND THE DATE OF
MANUFACTURE
;
(b) T
HE VEHICLE IDENTIFICATION NUMBER OR OTHER IDENTIFYING
NUMBER OF THE MOBILE HOME
;
(c) T
HE MOBILE HOME PARK AND THE LOT NUMBER WITHIN THE
MOBILE HOME PARK ON WHICH THE MOBILE HOME IS LOCATED
;
(d) A
LIST OF FIXTURES THAT ARE INCLUDED IN OR EXCLUDED FROM
THE PURCHASE OF THE MOBILE HOME
;
(e) A
LIST OF IMPROVEMENTS TO THE MOBILE HOME THAT ARE
INCLUDED IN OR EXCLUDED FROM THE PURCHASE
;
(f) T
HE TERM OF THE RENT-TO-OWN CONTRACT;
PAGE 23-HOUSE BILL 24-1294 (g) THE TOTAL PURCHASE PRICE OF THE MOBILE HOME ;
(h) T
HE NUMBER OF PURCHASE PAYMENTS THAT THE PURCHASER
MUST MAKE UNDER THE RENT
-TO-OWN CONTRACT AND THE AMOUNT OF
EACH PAYMENT
;
(i) T
HE FEE, IF ANY, THAT THE PURCHASER MUST PAY AS
CONSIDERATION FOR THE RENT
-TO-OWN OPTION. IF AN OPTION FEE IS
REQUIRED
, THE AMOUNT OF THE FEE SHALL NOT EXCEED THE COST TO
TRANSFER THE TITLE OF THE MOBILE HOME IN THE COUNTY IN WHICH THE
MOBILE HOME IS LOCATED
; AND
(j) A SEPARATE TERM LISTING THE AMOUNT OF RENT TO BE PAID
EACH MONTH FOR THE MOBILE HOME THAT IS IN ADDITION TO THE PURCHASE
PAYMENT
.
(5) B
EFORE ENTERING INTO A RENT -TO-OWN CONTRACT, THE
PURCHASER HAS THE RIGHT TO INSPECT THE MOBILE HOME AND TO HAVE THE
MOBILE HOME PROFESSIONALLY INSPECTED AT THE PURCHASER
'S EXPENSE.
T
HE PURCHASER ALSO HAS THE RIGHT TO HAVE THE MOBILE HOME
PROFESSIONALLY APPRAISED AT THE PURCHASER
'S EXPENSE. THE SELLER
SHALL MAKE REASONABLE EFFORTS TO MAKE THE MOBILE HOME AVAILABLE
FOR INSPECTION OR APPRAISAL
.
(6) A
T ANY TIME DURING THE TERM OF THE RENT -TO-OWN
CONTRACT
, THE PURCHASER MAY PAY ADDITIONAL AMOUNTS TOWARDS THE
BALANCE OWED ON THE TOTAL PURCHASE PRICE OF THE MOBILE HOME
,
INCLUDING PAYING THE BALANCE IN FULL , WITHOUT INCURRING ANY
PENALTY
.
(7) (a) T
HE PURCHASER IN ANY RENT-TO-OWN CONTRACT HAS THE
RIGHT TO TERMINATE THE CONTRACT BEFORE THE END OF THE TERM OF THE
CONTRACT
. TO EXERCISE THE RIGHT TO TERMINATE THE CONTRACT , THE
PURCHASER MUST GIVE THE SELLER AT LEAST THIRTY DAYS
' WRITTEN NOTICE
OF THE PURCHASER
'S INTENT TO TERMINATE THE RENT-TO-OWN CONTRACT.
A
T THE CONCLUSION OF THE THIRTY DAYS ' NOTICE TO TERMINATE, THE
SELLER MUST RETURN TO THE PURCHASER ALL PURCHASE PAYMENTS MADE
BY THE PURCHASER REDUCED BY ANY THEN
-OWED RENT UNDER THE
CONTRACT
.
PAGE 24-HOUSE BILL 24-1294 (b) IF THE PURCHASER OF THE MOBILE HOME TERMINATES THE
RENT
-TO-OWN CONTRACT, THE TERMINATION SHALL NOT AFFECT ANY
MOBILE HOME LEASE AGREED ON BY THE PURCHASER AND THE SELLER OF
THE MOBILE HOME
. ANY MOBILE HOME LEASE REMAINS IN FULL FORCE AND
EFFECT AND MAY ONLY BE TERMINATED PURSUANT TO APPLICABLE
LANDLORD
-TENANT LAW.
(8) (a) T
HE SELLER OF A MOBILE HOME MAY TERMINATE A
RENT
-TO-OWN CONTRACT ONLY FOR ONE OF THE FOLLOWING REASONS :
(I) T
HE PURCHASER OF THE MOBILE HOME FAILED TO TIMELY MAKE
A PURCHASE PAYMENT UNDER THE RENT
-TO-OWN CONTRACT, THE SELLER
HAS GIVEN THE PURCHASER WRITTEN NOTICE OF THE FAILURE TO PAY
, AND
THE PURCHASER HAS NOT CURED THE PAYMENT DEFICIT WITHIN THIRTY
DAYS OF RECEIVING WRITTEN NOTICE
; OR
(II) THE PURCHASER COMMITTED AN ACTION RELATED TO THE
MOBILE HOME PURCHASER
'S MOBILE HOME LEASE THAT LED TO A VALID AND
EXECUTED WRIT OF RESTITUTION
.
(b) I
F THE SELLER OF A MOBILE HOME TERMINATES A RENT -TO-OWN
CONTRACT PURSUANT TO THIS SUBSECTION
(8), THE SELLER SHALL RETURN
TO THE PURCHASER ALL PURCHASE PAYMENTS MADE BY THE PURCHASER NO
LATER THAN TEN CALE NDAR DAYS AFTER THE RENT
-TO-OWN CONTRACT
TERMINATES
. IF THE PURCHASER OWES ANY RENT TO THE SELLER , THE
SELLER MAY REDUCE THE RETURNED PURCHASE PAYMENT BY THE AMOUNT
OF RENT THE PURCHASER OWES TO THE SELLER
.
(c) I
F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE
RENT
-TO-OWN CONTRACT BECAUSE THE MOBILE HOME BECOMES
ENCUMBERED AS A RESULT OF LEGAL ACTIONS TAKEN AGAINST THE SELLER
,
THEN THE SELLER SHALL PROVIDE THE PURCHASER WITH PROOF OF THE
ENCUMBRANCE AND SHALL RETURN TO THE PURCHASER ALL PURCHASE
PAYMENTS MADE BY THE PURCHASER WITHIN TEN CALENDAR DAYS OF THE
DATE THAT THE SELLER KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
IT WOULD NOT BE POSSIBLE TO COMPLY WITH THE RENT
-TO-OWN CONTRACT.
(d) I
F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE
RENT
-TO-OWN CONTRACT BECAUSE THE MOBILE HOME PARK IN WHICH THE
MOBILE HOME IS LOCATED IS CONDEMNED OR CHANGES USE PURSUANT TO
PAGE 25-HOUSE BILL 24-1294 SECTION 38-12-203 (1)(d), THE SELLER SHALL RETURN TO THE PURCHASER
ALL PURCHASE PAYMENTS MADE BY THE PURCHASER WITHIN TEN DAYS OF
THE PURCHASER RECEIVING WRITTEN NOTICE OF THE C ONDEMNATION OR
CHANGE IN USE PURSUANT TO SECTION
38-12-203 (1)(d). IF THE SELLER IS
THE LANDLORD OF THE MOBILE HOME PARK AND CANNOT COMPLY WITH THE
RENT
-TO-OWN CONTRACT BECAUSE THE MOBILE HOME PARK IN WHICH THE
MOBILE HOME IS LOCATED IS CONDEMNED OR CHANGES USE PURSUANT TO
SECTION
38-12-203 (1)(d), THE SELLER SHALL ALSO PAY THE PURCHASER
REASONABLE RELOCATION EXPENSES PURSUANT TO SECTION
38-12-203.5
(2)(b)(I).
38-12-1403. Duties of the seller. (1) F
OR ANY RENT-TO-OWN
CONTRACT
, THE SELLER OF THE MOBILE HOME SHALL :
(a) R
EMAIN RESPONSIBLE FOR ANY REPAIRS OF CONDITIONS THAT
COULD ENDANGER THE HEALTH OR SAFETY OF A BUYER
, EXCEPT FOR
CONDITIONS CAUSED BY A BUYER
'S GROSS NEGLIGENCE OR WILLFUL
CONDUCT
, UNTIL THE PURCHASER BECOMES THE OWNER OF THE MOBILE
HOME AND RECEIVES THE TITLE TO THE MOBILE HOME FROM THE SELLER OR
UNTIL THE LOT LEASE AND MOBILE HOME LEASE ARE LEGALLY AND VALIDLY
TERMINATED
;
(b) E
NSURE THAT THE MOBILE HOME IS HABITABLE UNDER STATE
AND LOCAL LAW BEFORE ENTERING INTO A RENT
-TO-OWN AGREEMENT;
(c) B
EAR THE REASONABLE COSTS OF REPAIRS OR MAINTENANCE
RELATED TO THE MOBILE HOME DURING THE TERM OF THE RENT
-TO-OWN
CONTRACT SO LONG AS THE REPAIR OR MAINTENANCE WAS NOT CAUSED BY
THE PURCHASER
'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ;
(d) T
IMELY PAY ALL PROPERTY TAXES ASSESSED ON THE MOBILE
HOME UNTIL THE PURCHASER BECOMES THE OWNER OF THE MOBILE HOME
AND RECEIVES THE TITLE TO THE MOBILE HOME FROM THE SELLER
. THE
SELLER MAY PRORATE ANY PROPERTY TAXES OWED AT THE TIME THE TITLE
TO THE MOBILE HOME IS TRANSFERRED
; AND
(e) RETURN TO THE PURCHASER OF THE MOBILE HOME ALL PURCHASE
PAYMENTS MADE BY THE PURCHASER IF THE MOBILE HOME IS RENDERED
UNFIT FOR HABITATION BY CAUSES OUTSIDE OF EITHER THE PURCHASER
'S OR
THE SELLER
'S CONTROL. IF THE PURCHASER OWES THE SELLER ANY MONEY
PAGE 26-HOUSE BILL 24-1294 RELATED TO THE MOBILE HOME LEASE AT THE TIME A MOBILE HOME IS
DESTROYED
, THE SELLER MAY DEDUCT THE OWED MONEY FROM ANY
ACCUMULATED PURCHASE PAYMENTS
. THE SELLER SHALL RETURN THE
ACCUMULATED PURCHASE PAYMENTS WITHIN TEN DAYS OF THE DATE THE
MOBILE HOME WAS DESTROYED
.
38-12-1404. Concurrent mobile home leases. (1) F
OR A
RENT
-TO-OWN CONTRACT COVERED UNDER THIS PART 14, THE SELLER MUST
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
.
(2) F
OR A RENT-TO-OWN CONTRACT WHEN THE SELLER IS THE OWNER
OF MORE THAN ONE MOBILE HOME WITHIN THE SAME MOBILE HOME PARK
AND IS NOT THE LANDLORD OF THE PARK
, THE SELLER SHALL NOT ENTER
INTO A RENT
-TO-OWN CONTRACT UNLESS THE SELLER 'S RENTAL AGREEMENT
WITH THE LANDLORD OF THE MOBILE HOME PARK OR ANY BINDING
ADDENDUM TO THE RENTAL AGREEMENT SPECIFICALLY PERMITS THE SELLER
TO SUBLEASE AND SELL THE MOBILE HOME AND THE SELLER HAS SATISFIED
ANY REQUIREMENTS OF THE LANDLORD OF THE MOBILE HOME PARK RELATED
TO SUBLESSEES AND THE SALE OF MOBILE HOMES
. IF A SELLER FAILS TO
SATISFY THE REQUIREMENTS OF THIS SUBSECTION
(2), THE RENT-TO-OWN
CONTRACT IS INVALID AND UNENFORCEABLE BY THE SELLER
, AND THE
SELLER MUST RETURN TO THE PURCHASER
, WITHIN TEN CALENDAR DAYS ,
ANY PURCHASE PAYMENTS AND ANY OTHER MONEY THAT THE SELLER HAS
RECEIVED FROM THE PURCHASER
.
(3) A
MOBILE HOME LEASE MUST BE A SEPARATE DOCUMENT FROM
THE RENT
-TO-OWN CONTRACT.
38-12-1405. Recordkeeping. (1) F
OR ANY RENT-TO-OWN
CONTRACT
, THE SELLER OF THE MOBILE HOME SHALL MAINTAIN SEPARATE
FINANCIAL RECORDS FOR EACH RENT
-TO-OWN CONTRACT.
(2) T
HE SELLER OF THE MOBILE HOME SHALL PROVIDE THE
PURCHASER WITH EITHER AN ANNUAL ACCOUNTING RELATED TO THE
RENT
-TO-OWN CONTRACT OR A DISCLOSURE THAT THE BUYER IS ENTITLED
TO REQUEST AND RECEIVE AN ANNUAL ACCOUNTING OF THEIR RENT
-TO-OWN
CONTRACT
. THE ACCOUNTING OR THE DISCLOSURE IS DUE TO THE
PURCHASER EACH YEAR WITHIN TEN DAYS OF THE ANNIVERSARY DATE OF
PAGE 27-HOUSE BILL 24-1294 THE RENT-TO-OWN CONTRACT. IF REQUESTED, THE ANNUAL ACCOUNTING
SHALL BE PROVIDED WITHIN TEN DAYS UPON THE RECEIPT OF A REQUEST FOR
ACCOUNTING
. AT A MINIMUM, ANY ACCOUNTING PROVIDED SHALL DISCLOSE
THE TOTAL AMOUNT IN PURCHASE PAYMENTS MADE
, THE TOTAL AMOUNT OF
THE PURCHASE PRICE REMAINING TO BE PAID
, AND ANY EXPENSES PAID BY
THE SELLER DURING THE ACCOUNTING PERIOD TO REPAIR OR MAINTAIN THE
MOBILE HOME
. THE ACCOUNTING OR THE DISCLOSURE SHALL BE PROVIDED
TO THE PURCHASER IN
ENGLISH OR ENGLISH AND SPANISH, AS REQUESTED
BY THE PURCHASER
.
38-12-1406. Sale of mobile home park. A
SUCCESSOR OWNER OF
A MOBILE HOME PARK IS BOUND BY THE TERMS OF ANY RENT
-TO-OWN
CONTRACT ENTERED INTO BY THE PRIOR OWNER OF THE PARK AS OF THE
DATE OF THE CHANGE IN PARK OWNERSHIP
. A PURCHASER WITH A VALID
RENT
-TO-OWN CONTRACT MAY , FOR ANY REASON , TERMINATE THE
RENT
-TO-OWN CONTRACT WITH A PARK OWNER AND ANY SUCCESSOR OWNER
UPON A CHANGE IN THE OWNERSHIP OF THE PARK
.
38-12-1407. Unfounded or retaliatory evictions. (1) F
OR ANY
RENT
-TO-OWN CONTRACT, IF THE SELLER OF THE MOBILE HOME EVICTS OR
ATTEMPTS TO EVICT A PURCHASER FOR ANY WRONGFUL OR RETALIATORY
REASON OR ANY REASON UNSUPPORTED BY THE PROVISIONS OF SECTIONS
38-12-203 AND 38-12-204, THE PURCHASER IS ENTITLED TO RECOVER
TREBLE DAMAGES
. FOR PURPOSES OF CALCULATING DAMAGES , THE MINIMUM
AMOUNT OF DAMAGES IS AT LEAST THE AMOUNT OF PURCHASE PAYMENTS
THEN MADE BY THE PURCHASER
. IN ADDITION TO MINIMUM DAMAGES , THE
PURCHASER IS ALSO ENTITLED TO ANY OTHER ACTUAL DAMAGES
.
(2) I
F A SELLER EVICTS OR ATTEMPTS TO EVICT A PURCHASER FOR
ANY WRONGFUL OR RETALIATORY REASON OR ANY REASON UNSUPPORTED
BY THE PROVISIONS OF SECTIONS
38-12-203 AND 38-12-204, A COURT SHALL
AWARD ATTORNEY
'S FEES AND EXPENSES TO THE PURCHASER .
38-12-1408. Rent-to-own contract - conclusion. (1) F
OR ANY
RENT
-TO-OWN CONTRACT, WITHIN TEN DAYS OF RECEIVING THE FINAL
PURCHASE PAYMENT
, THE SELLER MUST ASSIGN THE TITLE TO THE MOBILE
HOME TO THE PURCHASER AND PROVIDE THE PURCHASER ALL DOCUMENTS
IN THE SELLER
'S CONTROL NECESSARY FOR THE PURCHASER TO TRANSFER
TITLE TO THE MOBILE HOME
. THE SELLER SHALL ASSIGN THE TITLE TO THE
MOBILE HOME WITHOUT PLACING ANY RESTRICTIONS ON THE TITLE OR ON
PAGE 28-HOUSE BILL 24-1294 THE BUYER'S OWNERSHIP RIGHTS TO THE MOBILE HOME .
(2) B
EFORE ASSIGNING THE TITLE OF A MOBILE HOME TO THE
PURCHASER
, THE SELLER MUST PAY ANY THEN -OWED PROPERTY TAXES
ASSESSED ON THE MOBILE HOME OR PROVIDE A CREDIT TO THE PURCHASER
,
PRORATED TO THE DATE THAT THE MOBILE HOME 'S TITLE IS ASSIGNED TO THE
PURCHASER
.
(3) A
SELLER SHALL NOT IMPOSE ANY OTHER FEES , CHARGES, OR
OTHER COSTS ON THE PURCHASE OF A MOBILE HOME AS A CONDITION OF
CONCLUDING THE RENT
-TO-OWN CONTRACT.
(4) I
N ADDITION TO ALL OTHER REMEDIES AVAILABLE PURSUANT TO
SECTION
38-12-220 AND OTHER STATE LAW, IF THE SELLER OF A MOBILE
HOME HAS FAILED TO PROPERLY REPAIR OR MAINTAIN THE MOBILE HOME AS
REQUIRED BY SECTION
38-12-1403 AT THE TIME THE PURCHASER OF A
MOBILE HOME MAKES THE FINAL PAYMENT UNDER THE RENT
-TO-OWN
CONTRACT
, THE PURCHASER MAY EXERCISE THE PURCHASER 'S RIGHT OF
PRIVATE ACTION PURSUANT TO SECTION
38-12-220. IF THE PURCHASER
PREVAILS
, IN ADDITION TO DAMAGES AVAILABLE PURSUANT TO SECTION
38-12-220, A COURT MAY AWARD TREBLE DAMAGES IF THE COURT
DETERMINES THAT THE SELLER
'S FAILURE TO REPAIR OR MAINTAIN THE
MOBILE HOME WAS NEGLIGENT OR WILLFUL
.
38-12-1409. Supremacy clause. A
NY PROVISION OF THIS PART 14
IS UNENFORCEABLE TO THE EXTENT THAT IT CONFLICTS WITH A FEDERAL
LAW OR FEDERAL REGULATION
.
SECTION 19. In Colorado Revised Statutes, 24-31-101, amend
(1)(i)(XVII) and (1)(i)(XVIII); and add (1)(i)(XXII) as follows:
24-31-101. Powers and duties of attorney general. (1) The
attorney general:
(i) May independently initiate and bring civil and criminal actions
to enforce state laws, including actions brought pursuant to:
(XVII) The "Rental Application Fairness Act", part 9 of article 12
of title 38; and
PAGE 29-HOUSE BILL 24-1294 (XVIII) The "Reproductive Health Equity Act", part 4 of article 6
of title 25;
AND
(XXII) PART 14 OF ARTICLE 12 OF TITLE 38.
SECTION 20. Appropriation. (1) For the 2024-25 state fiscal
year, $40,966 is appropriated to the department of law. This appropriation
is from reappropriated funds received from the department of local affairs
from the mobile home park act dispute resolution and enforcement program
fund created in section 38-12-1110 (1), C.R.S., and is based on an
assumption that the department of law will require an additional 0.2 FTE.
To implement this act, the department may use this appropriation to provide
legal services for the department of local affairs.
SECTION 21. Applicability. Section 18 of this act applies to
rent-to-own mobile home contracts formed on or after June 30, 2024.
SECTION 22. Effective date. This act takes effect June 30, 2024;
except that sections 1, 6, 8, 14, 15, 17, 20, 21, this section 22, 23, and
section 38-12-212.3 (1) and (2), Colorado Revised Statutes, as amended in
section 9 of this act, and sections 38-12-214 (2), (2.5), (2.7), and (3),
Colorado Revised Statutes, as amended in section 13 of this act, take effect
upon passage.
SECTION 23. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 30-HOUSE BILL 24-1294 the support and maintenance of the departments of the state and state
institutions.
____________________________ ____________________________
Julie McCluskie Steve Fenberg
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
____________________________ ____________________________
Robin Jones Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED________________________________________
(Date and Time)
_________________________________________
Jared S. Polis
GOVERNOR OF THE STATE OF COLORADO
PAGE 31-HOUSE BILL 24-1294