Colorado 2024 Regular Session

Colorado House Bill HB1294 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
	1	+	Second Regular Session
	2	+	Seventy-fourth General Assembly
	3	+	STATE OF COLORADO
	4	+	REREVISED
	5	+	This Version Includes All Amendments
	6	+	Adopted in the Second House
	7	+	LLS NO. 24-0093.01 Nicole Myers x4326
1	8		HOUSE BILL 24-1294
2		-	BY REPRESENTATIVE(S) Boesenecker and Velasco, Amabile, Bacon,
3		-	Bird, Brown, Duran, Epps, Froelich, Garcia, Hernandez, Herod, Jodeh,
4		-	Joseph, Kipp, Lieder, Lindsay, Mabrey, Marshall, Marvin, McCormick,
5		-	McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Story, Titone,
6		-	Valdez, Vigil, Willford, McCluskie, English, Hamrick, Weissman, Young;
7		-	also SENATOR(S) Cutter, Buckner, Exum, Gonzales, Hinrichsen,
8		-	Jaquez Lewis, Kolker, Marchman, Michaelson Jenet, Priola.
	9	+	House Committees Senate Committees
	10	+	Transportation, Housing & Local Government Local Government & Housing
	11	+	Appropriations Appropriations
	12	+	A BILL FOR AN ACT
9	13		C
10		-	ONCERNING MOBILE HOMES THAT ARE LOCATED IN A MOBILE HOME PARK ,
11		-	AND, IN CONNECTION THEREWITH, SPECIFYING LEGAL RIGHTS AND
12		-	RESPONSIBILITIES RELATING TO THE SALE
13		-	, LEASE, AND PURCHASE OF
14		-	SUCH HOMES AND MAKING AN APPROPRIATION
15		-	.
	14	+	ONCERNING MOBILE HOMES THAT ARE LOCATED IN A MOBILE HOME101
	15	+	PARK, AND, IN CONNECTION THEREWITH , SPECIFYING LEGAL102
	16	+	RIGHTS AND RESPONSI BILITIES RELATING TO THE SALE , LEASE,103
	17	+	AND PURCHASE OF SUCH
	18	+	HOMES AND MAKING AN104
	19	+	APPROPRIATION.105
	20	+	Bill Summary
	21	+	(Note: This summary applies to this bill as introduced and does
	22	+	not reflect any amendments that may be subsequently adopted. If this bill
	23	+	passes third reading in the house of introduction, a bill summary that
	24	+	applies to the reengrossed version of this bill will be available at
	25	+	http://leg.colorado.gov
	26	+	.)
	27	+	The bill modifies the "Mobile Home Park Act" (act) as follows:
	28	+	! Specifies that a successor in interest of a mobile home park
	29	+	SENATE
	30	+	3rd Reading Unamended
	31	+	April 30, 2024
	32	+	SENATE
	33	+	Amended 2nd Reading
	34	+	April 29, 2024
	35	+	HOUSE
	36	+	3rd Reading Unamended
	37	+	April 14, 2024
	38	+	HOUSE
	39	+	Amended 2nd Reading
	40	+	April 11, 2024
	41	+	HOUSE SPONSORSHIP
	42	+	Boesenecker and Velasco, Amabile, Bacon, Bird, Brown, Duran, Epps, Froelich, Garcia,
	43	+	Hernandez, Herod, Jodeh, Joseph, Kipp, Lieder, Lindsay, Mabrey, Marshall, Marvin,
	44	+	McCluskie, McCormick, McLachlan, Ortiz, Parenti, Ricks, Rutinel, Sirota, Snyder, Story,
	45	+	Titone, Valdez, Vigil, Willford
	46	+	SENATE SPONSORSHIP
	47	+	Cutter, Buckner, Exum, Gonzales, Hinrichsen, Jaquez Lewis, Kolker, Marchman,
	48	+	Michaelson Jenet, Priola
	49	+	Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
	50	+	Capital letters or bold & italic numbers indicate new material to be added to existing law.
	51	+	Dashes through the words or numbers indicate deletions from existing law. (park) has the same responsibilities as the management or
	52	+	landlord of a park (landlord);
	53	+	! Specifies that a home owner of a mobile home includes a
	54	+	resident of a mobile home park (home owner) who is under
	55	+	a current rent-to-own contract;
	56	+	! Specifies that a park does not have to be operated for the
	57	+	pecuniary benefit of the owner of the land on which the
	58	+	park is located;
	59	+	! Clarifies that the landlord may terminate a tenancy for
	60	+	failure of the home owner to comply with all rules and
	61	+	regulations established by management that are enforceable
	62	+	pursuant to the act and that are necessary to prevent
	63	+	damage to real or personal property or to the health or
	64	+	safety of individuals;
	65	+	! Specifies that if a park is condemned, the landlord is
	66	+	required to provide the same remedies to any displaced
	67	+	homeowner as when the landlord intends to change the use
	68	+	of the land comprising a park;
	69	+	! Prohibits a landlord from issuing a notice of a rent increase
	70	+	under the same conditions in which a landlord is prohibited
	71	+	from increasing rent;
	72	+	! Prohibits a landlord from increasing rent or issuing a notice
	73	+	of a rent increase if the landlord has not fully complied
	74	+	with any government order, has been ordered by a court not
	75	+	to increase rent pending the resolution of a lawsuit, or has
	76	+	been found by the division of housing in the department of
	77	+	local affairs (division) or by a court to have failed to
	78	+	comply with the act;
	79	+	! Prohibits a landlord from charging rent to a resident in an
	80	+	amount that exceeds current rent amounts for comparable
	81	+	lots in the park;
	82	+	! Requires a landlord to use a methodology, and to maintain
	83	+	records of the methodology used, to determine rent that is
	84	+	reasonable, equitable, and consistent for all residents for
	85	+	comparable lots;
	86	+	! Requires a landlord to provide certain notices to home
	87	+	owners in 12-point font and pursuant to language access
	88	+	requirements specified in the bill;
	89	+	! If a home owner is a defendant in a forcible entry and
	90	+	detainer complaint and the home owner has submitted a
	91	+	related administrative complaint through the "Mobile
	92	+	Home Park Act Dispute Resolution and Enforcement
	93	+	Program" (dispute resolution program), allows the home
	94	+	owner to take action to stay any hearing on the forcible
	95	+	entry and detainer complaint to allow for adjudication of
	96	+	1294
	97	+	-2- the administrative complaint;
	98	+	! Upon the timely request of a home owner, requires a
	99	+	landlord to provide an interpreter for certain meetings and
	100	+	to provide translated copies of meeting materials pursuant
	101	+	to language access requirements specified in the bill and
	102	+	requires the landlord to bear the cost of the interpreter and
	103	+	the cost of translating meeting materials;
	104	+	! Prohibits a landlord from charging a home owner any fee
	105	+	or penalty for refusing to sign a new lease or for residing
	106	+	under a periodic tenancy;
	107	+	! Requires a landlord to provide a home owner with
	108	+	reasonable amounts of water pressure at all times and
	109	+	sufficient potable water for all members of the household
	110	+	under certain circumstances;
	111	+	! Requires a landlord to maintain sidewalks owned by the
	112	+	landlord and to establish a unique mailing address and
	113	+	mailbox for each lot;
	114	+	! Specifies that in an action or administrative proceeding by
	115	+	or against a home owner, the landlord's action is presumed
	116	+	to be retaliatory if, within the 120 days preceding the
	117	+	landlord's action, the home owner requested that the
	118	+	landlord provide communications in a language other than
	119	+	English pursuant to the language access requirements
	120	+	specified in the bill;
	121	+	! Requires a landlord to comply with language access
	122	+	requirements, including providing any communication that
	123	+	the landlord is required to provide pursuant to law in
	124	+	English and Spanish and in one additional language spoken
	125	+	by a resident upon request of the resident, providing written
	126	+	notice verbally in English upon request of a resident,
	127	+	providing notice in plain language, and providing an
	128	+	interpreter upon request;
	129	+	! Requires a landlord to adequately disclose the terms and
	130	+	conditions of a tenancy in writing in a rental agreement in
	131	+	English, Spanish, or both English and Spanish to any
	132	+	prospective home owner;
	133	+	! Requires a landlord to provide a home owner with a written
	134	+	copy of the adopted park rules and regulations in English,
	135	+	Spanish, or English and Spanish;
	136	+	! Clarifies that a mobile home or any accessory building or
	137	+	structure that is owned by a person other than the landlord
	138	+	are each a separate unit of ownership and that the accessory
	139	+	building or structure are each presumed to be owned by the
	140	+	owner of the mobile home unless a written agreement
	141	+	establishes ownership by another person;
	142	+	1294
	143	+	-3- ! Specifies that a rule or regulation that requires a home
	144	+	owner to incur a cost or imposes restrictions or
	145	+	requirements on the homeowner's right to control what
	146	+	happens in or to the homeowner's mobile home or any
	147	+	accessory building or structure is presumed unreasonable
	148	+	except under specified circumstances;
	149	+	! Requires a notice to quit to include a statement that sets
	150	+	forth the basis for enforceability;
	151	+	! The landlord is required to allow a buyer of a mobile home
	152	+	reasonable access to the mobile home during the time the
	153	+	buyer is required to bring the mobile home into compliance
	154	+	with park rules;
	155	+	! Specifies the conditions under which the buyer of a mobile
	156	+	home satisfies the financial requirements to buy the mobile
	157	+	home, and under which the landlord is prohibited from
	158	+	interfering with the homeowner's right to sell the mobile
	159	+	home;
	160	+	! Specifies that a landlord is not required to provide a new or
	161	+	subsequent notice of intent to sell for certain triggering
	162	+	events if the landlord is only considering an offer from a
	163	+	group or association of homeowners who reside in the
	164	+	park;
	165	+	! Authorizes a court to order that a landlord cease from
	166	+	increasing rent on a park lot or issuing a notice of a rent
	167	+	increase if the landlord has been named as a defendant in
	168	+	a pending lawsuit or administrative complaint that alleges
	169	+	a violation of specified laws and requires a court to order
	170	+	a landlord to refund any unlawfully retained rent;
	171	+	! Requires a landlord to retain a payment ledger that
	172	+	documents rent or other payments from a home owner and
	173	+	allows a homeowner to request a copy of the payment
	174	+	ledger during the homeowner's tenancy and for 12 months
	175	+	after the tenancy has ended;
	176	+	! Requires a landlord to retain communications provided to
	177	+	a home owner in a language other than English and to
	178	+	retain the homeowner's request to provide the
	179	+	communications in a language other than English; and
	180	+	! Specifies prior conditions of a sale or change of control of
	181	+	a park for a landlord if there is a pending complaint filed
	182	+	pursuant to the dispute resolution program before the
	183	+	division or prior to the landlord's compliance with all
	184	+	remedial actions ordered by the division in a complaint that
	185	+	was previously filed pursuant to the dispute resolution
	186	+	program.
	187	+	In addition, the bill specifies the duties and rights of the purchaser
	188	+	1294
	189	+	-4- and the seller of a mobile home in connection with an agreement in which
	190	+	the purchaser agrees to purchase a mobile home over a period of time that
	191	+	is mutually agreed upon by the seller of the mobile home (rent-to-own
	192	+	contract) and specifies the terms and conditions that must be included in
	193	+	a rent-to-own contract. However, these provisions of the bill apply only
	194	+	to a rent-to-own contract for a mobile home that is located in a mobile
	195	+	home park and only when the seller of the mobile home is the owner of
	196	+	the mobile home park or owns more than one mobile home within the
	197	+	mobile home park. Specifically, the bill:
	198	+	! Requires a rent-to-own contract to be in writing, in either
	199	+	English or both English and Spanish as requested by the
	200	+	purchaser, and signed by the purchaser and the seller of the
	201	+	mobile home;
	202	+	! Requires the seller to provide proof of ownership of and an
	203	+	appraisal of a mobile home to the purchaser before entering
	204	+	into a rent-to-own contract for the mobile home;
	205	+	! Requires certain information to be included in a
	206	+	rent-to-own contract;
	207	+	! Provides the purchaser of a mobile home in a rent-to-own
	208	+	contract with rights to pay the balance of the contract early
	209	+	without penalty or additional interest and to terminate the
	210	+	contract after providing written notice to the seller and, in
	211	+	the latter case, requires the seller to return to the purchaser
	212	+	all purchase payments made by the purchaser;
	213	+	! Allows the seller of a mobile home to terminate a
	214	+	rent-to-own contract only if the purchaser fails to make a
	215	+	purchase and interest payment under the rent-to-own
	216	+	contract and does not cure the payment deficit or if the
	217	+	purchaser commits an action related to the purchaser's lot
	218	+	lease or mobile home lease that leads to a valid and
	219	+	executed writ of restitution;
	220	+	! Specifies actions that the seller of a mobile home is
	221	+	required to take if the seller cannot comply with a
	222	+	rent-to-own contract because the mobile home becomes
	223	+	encumbered due to other legal action or because the park is
	224	+	condemned or changes use;
	225	+	! Specifies the duties of the seller of a mobile home in
	226	+	connection with the habitability of the mobile home in a
	227	+	rent-to-own contract;
	228	+	! Requires the seller to offer the purchaser a mobile home
	229	+	lease for a period equivalent to the period in which the
	230	+	purchaser has to complete the purchase of the mobile
	231	+	home;
	232	+	! For a rent-to-own contract when the seller is the owner of
	233	+	more than one mobile home within the same park and is not
	234	+	1294
	235	+	-5- the landlord of the park, prohibits the seller from entering
	236	+	into a rent-to-own contract unless the seller's rental
	237	+	agreement with the landlord specifically permits the seller
	238	+	to sublease and sell the mobile home;
	239	+	! Specifies the conditions under which the seller of a mobile
	240	+	home must immediately return to the purchaser any
	241	+	purchase payments or other money that the seller has
	242	+	received from the purchaser;
	243	+	! Requires the seller of a mobile home to maintain a
	244	+	segregated account into which all of the purchaser's
	245	+	purchase payments are deposited and to provide the
	246	+	purchaser with an annual accounting related to the
	247	+	rent-to-own contract;
	248	+	! Binds a successor owner of a park to the terms of a
	249	+	rent-to-own contract entered into by the prior owner of the
	250	+	park;
	251	+	! If the seller of a mobile home that is subject to a
	252	+	rent-to-own contract evicts or attempts to evict a purchaser
	253	+	for any wrongful or retaliatory reason or any reason that is
	254	+	unsupported by specified provisions of current law, allows
	255	+	the purchaser to recover treble damages and attorney fees;
	256	+	! Specifies the requirements regarding the transfer of the title
	257	+	of the mobile home under a rent-to-own contract and
	258	+	requires the seller of the mobile home to pay any
	259	+	then-owed property taxes assessed on the mobile home
	260	+	prior to transferring the title; and
	261	+	! If the seller of a mobile home failed to properly repair or
	262	+	maintain the mobile home at the time the purchaser of a
	263	+	mobile home makes the final payment under the
	264	+	rent-to-own contract, allows the purchaser to exercise the
	265	+	purchaser's right of private action pursuant to current law.
	266	+	The bill authorizes the attorney general to independently initiate
	267	+	and bring civil and criminal action to enforce the provisions of the
	268	+	rent-to-own mobile home contract law.
	269	+	Be it enacted by the General Assembly of the State of Colorado:1
	270	+	SECTION 1. In Colorado Revised Statutes, 38-12-201.5, amend2
	271	+	the introductory portion, (1), (2),
	272	+	and (6); and add (1.5) as follows:3
	273	+	38-12-201.5. Definitions. As used in this part 2 and in part 114
	274	+	PARTS 11 AND 13 of this article 12, unless the context otherwise requires:5
	275	+	1294-6- (1) "Entry fee" means any fee paid to or received from an owner1
	276	+	of a mobile home park or an agent thereof except for:2
	277	+	(a) Rent;3
	278	+	(b) A security deposit to pay for actual damages to the premises4
	279	+	or to secure rental payments;5
	280	+	(c) Fees charged by any governmental agency of the state, a6
	281	+	county, a town, or a city;7
	282	+	(d) Utilities;8
	283	+	(e) Incidental reasonable charges for services actually performed9
	284	+	by the mobile home park owner or the mobile home park owner's agent10
	285	+	and agreed to in writing by the home owner;11
	286	+	(f) Late fees; and12
	287	+	(g) Membership fees paid to join a resident or home owner13
	288	+	cooperative that owns the mobile home park or other parks qualifying as14
	289	+	common interest communities pursuant to the "Colorado Common15
	290	+	Interest Ownership Act", article 33.3 of this title 38. "DIVISION" MEANS16
	291	+	THE DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS .17
	292	+	(1.5) "E
	293	+	NTRY FEE" MEANS ANY FEE PAID TO OR RECEIVED FROM AN18
	294	+	OWNER OF A MOBILE HOME PARK OR AN AGENT THEREOF EXCEPT FOR :19
	295	+	(a) R
	296	+	ENT;20
	297	+	(b) A
	298	+	SECURITY DEPOSIT TO PAY FOR ACTUAL DAMAGES TO THE21
	299	+	PREMISES OR TO SECURE RENTAL PAYMENTS ;22
	300	+	(c) F
	301	+	EES CHARGED BY ANY GOVERNMENTAL AGENCY OF THE23
	302	+	STATE, A COUNTY, A TOWN, OR A CITY;24
	303	+	(d) U
	304	+	TILITIES;25
	305	+	(e) I
	306	+	NCIDENTAL REASONABLE CHARGES FOR SERVICES ACTUALLY26
	307	+	PERFORMED BY THE MOBILE HOME PARK OWNER OR THE MOBILE HOME27
	308	+	1294
	309	+	-7- PARK OWNER'S AGENT AND AGREED TO IN WRITING BY THE HOME OWNER ;1
	310	+	(f) L
	311	+	ATE FEES; AND2
	312	+	(g) M
	313	+	EMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER3
	314	+	COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS4
	315	+	QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE5
	316	+	"C
	317	+	OLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS6
	318	+	TITLE 38.7
	319	+	(2) "Home owner" means any person or family of a person who8
	320	+	owns a mobile home that is subject to a tenancy in a mobile home park9
	321	+	under a rental agreement. "H
	322	+	OME OWNER" INCLUDES A RESIDENT WHO IS10
	323	+	UNDER A
	324	+	RENT-TO-OWN CONTRACT PURSUANT TO PART 13 OF THIS11
	325	+	ARTICLE 12 THAT HAS NOT BEEN TERMINATED .12
	326	+	13
	327	+	(6) "Mobile home park" or "park" means a parcel of land used for14
	328	+	the continuous accommodation of five or more occupied mobile homes15
	329	+	and operated for the pecuniary benefit of the owner of the parcel of land16
	330	+	or the owner's agents, lessees, or assignees FOR WHICH THE MANAGEMENT17
	331	+	OR LANDLORD HAS A RENTAL AGREEMENT WITH A TENANT FOR A MOBILE18
	332	+	HOME OR LOT OR IS RECEIVING RENT PAYMENTS FOR A MOBILE HOME OR19
	333	+	LOT FROM A TENANT OR A THIRD PARTY. "Mobile home park" does not20
	334	+	include mobile home subdivisions or property zoned for manufactured21
	335	+	home subdivisions. For purposes of this definition, the parcel of land22
	336	+	comprising the mobile home park does not need to be contiguous, but23
	337	+	must be in the same neighborhood as determined by the division.24
	338	+	SECTION 2. In Colorado Revised Statutes, 38-12-203, amend25
	339	+	(1)(c) introductory portion as follows:26
	340	+	38-12-203. Reasons for termination. (1) The management of a27
	341	+	1294
	342	+	-8- mobile home park may terminate a tenancy only for one or more of the1
	343	+	following reasons:2
	344	+	(c) Except in the case of a home owner who cures a3
	345	+	noncompliance as described in section 38-12-202 (3), failure of the home4
	346	+	owner to comply with written rules and regulations of the mobile home5
	347	+	park that are enforceable pursuant to section 38-12-214 (1) SECTION6
	348	+	38-12-214, are necessary to prevent material damage to real or personal7
	349	+	property or to the health or safety of one or more individuals, and were: 8
	350	+	SECTION 3. In Colorado Revised Statutes, 38-12-203.5, amend9
	351	+	(2) introductory portion as follows:10
	352	+	38-12-203.5. Change in use of the park - remedies for home11
	353	+	owners - definitions. (2) If a landlord intends to change the use of the12
	354	+	land comprising a mobile home park or part of a mobile home park
	355	+	OR13
	356	+	THE MOBILE HOME PARK IS CONDEMNED
	357	+	FOR REASONS THAT ARE THE14
	358	+	RESPONSIBILITY OF THE PARK OWNER and the change in use OR15
	359	+	CONDEMNATION would result in the displacement of one or more mobile16
	360	+	homes in the park, for each displaced mobile home, the landlord shall17
	361	+	provide the home owner or home owners one of the following at the18
	362	+	home owner's or home owners' choosing within thirty days of receiving19
	363	+	a written demand by the home owner or home owners:20
	364	+	SECTION 4. In Colorado Revised Statutes, 38-12-204, amend21
	365	+	(1), (2), (4) introductory portion, and (4)(c); and add (4)(e) as follows:22
	366	+	38-12-204. Nonpayment of rent - notice required for rent23
	367	+	increase - limitation on rent increases. (1) Any tenancy or other estate24
	368	+	at will or lease in a mobile home park may be terminated upon the25
	369	+	landlord's written notice to the home owner
	370	+	PROVIDED PURSUANT TO26
	371	+	SECTION 38-12-212.9 requiring, in the alternative, payment of rent or the27
	372	+	1294
	373	+	-9- removal of the home owner's unit from the premises, within a period of1
	374	+	not less than ten days after the date notice is served or posted, for failure2
	375	+	to pay rent when due.3
	376	+	(2) Rent shall not be increased without sixty days' written notice4
	377	+	to the home owner
	378	+	PROVIDED PURSUANT TO SECTION 38-12-212.9. In5
	379	+	addition to the amount and the effective date of the rent increase, such6
	380	+	written notice shall include the name, address, and telephone number of7
	381	+	the mobile home park management, if such management is a principal8
	382	+	owner, or owner of the mobile home park and, if the owner is other than9
	383	+	a natural person, the name, address, and telephone number of the owner's10
	384	+	chief executive officer or managing partner; except that such ownership11
	385	+	information need not be given if it was disclosed in the rental agreement12
	386	+	made pursuant to section 38-12-213.13
	387	+	(4) A landlord shall not increase rent on a resident of a mobile14
	388	+	home park lot
	389	+	OR ISSUE A NOTICE OF RENT INCREASE if the park:15
	390	+	(c) (I) Has not fully complied with any final agency order issued
	391	+	16
	392	+	by the division of housing; or GOVERNMENT ORDER .17
	393	+	(II) A
	394	+	S USED IN SUBSECTION (4)(c)(I) OF THIS SECTION,18
	395	+	"
	396	+	GOVERNMENT ORDER " MEANS ANY FINAL FEDERAL , STATE, OR LOCAL19
	397	+	ADMINISTRATIVE ORDER OR JUDICIAL
	398	+	ORDER.20
	399	+	21
	400	+	(e) HAS BEEN FOUND BY THE DIVISION IN A FINAL AGENCY ORDER22
	401	+	OR BY A COURT, WITHIN THE TWELVE MONTHS PRIOR TO THE FINAL23
	402	+	AGENCY OR COURT ORDER , TO HAVE FAILED TO COMPLY WITH A24
	403	+	LANDLORD'S RESPONSIBILITIES PURSUANT TO SECTION 38-12-212.3. THIS25
	404	+	SUBSECTION (4)(e) SHALL NOT APPLY TO A NEGOTIATED SETTLEMENT THAT26
	405	+	PRECEDES A FINAL AGENCY OR COURT ORDER .27
	406	+	1294
	407	+	-10- 1
	408	+	SECTION 5. In Colorado Revised Statutes, 38-12-204.3, amend2
	409	+	(2) as follows:3
	410	+	38-12-204.3. Notice required for termination. (2) The notice4
	411	+	required under this section must be
	412	+	PROVIDED PURSUANT TO SECTION5
	413	+	38-12-212.9 in at least ten-point
	414	+	TWELVE-POINT type and must read as6
	415	+	follows:7
	416	+	IMPORTANT NOTICE TO THE HOME OWNER:8
	417	+	This notice and the accompanying notice to quit/notice of9
	418	+	nonpayment of rent are the first steps in the eviction process. Any dispute10
	419	+	you may have regarding the grounds for eviction should be addressed11
	420	+	with your landlord or the management of the mobile home park or in the12
	421	+	courts if an eviction action is filed. Please be advised that the "Mobile13
	422	+	Home Park Act", part 2 of article 12 of title 38, Colorado Revised14
	423	+	Statutes, and the "Mobile Home Park Act Dispute Resolution and15
	424	+	Enforcement Program" created in section 38-12-1104, Colorado Revised16
	425	+	Statutes, may provide you with legal protection.17
	426	+	NOTICE TO QUIT: In order to terminate a home owner's tenancy,18
	427	+	the landlord or management of a mobile home park must serve to a home19
	428	+	owner a notice to quit. The notice must be in writing and must contain20
	429	+	certain information, including:21
	430	+	• The grounds for the termination of the tenancy;22
	431	+	• Whether or not the home owner has a right to cure under23
	432	+	the "Mobile Home Park Act"; and24
	433	+	• That the home owner has the option of mediation25
	434	+	pursuant to section 38-12-216, Colorado Revised Statutes,26
	435	+	of the "Mobile Home Park Act" and the option of filing a27
	436	+	1294
	437	+	-11- complaint through the "Mobile Home Park Act Dispute1
	438	+	Resolution and Enforcement Program" created in section2
	439	+	38-12-1104, Colorado Revised Statutes.3
	440	+	NOTICE OF NONPAYMENT OF RENT: In order to terminate4
	441	+	a home owner's tenancy due to nonpayment of rent, the landlord or5
	442	+	management of a mobile home park must serve to a home owner a notice6
	443	+	of nonpayment of rent. The notice must be in writing and must require7
	444	+	that the home owner either make payment of rent or sell the owner's unit8
	445	+	or remove it from the premises within a period of not less than ten days9
	446	+	after the date the notice is served or posted, for failure to pay rent when10
	447	+	due.11
	448	+	CURE PERIODS: If the home owner has a right to cure under the12
	449	+	"Mobile Home Park Act", the landlord or management of a mobile home13
	450	+	park cannot terminate a home owner's tenancy without first providing the14
	451	+	home owner with a time period to cure the noncompliance. "Cure" refers15
	452	+	to a home owner remedying, fixing, or otherwise correcting the situation16
	453	+	or problem that made the tenancy subject to termination pursuant to17
	454	+	sections 38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.18
	455	+	COMMENCEMENT OF LEGAL ACTION TO TERMINATE19
	456	+	THE TENANCY: After the last day of the applicable notice period20
	457	+	required by section 38-12-202 (1)(c), Colorado Revised Statutes, a legal21
	458	+	action may be commenced to take possession of the space leased by the22
	459	+	home owner. In order to evict a home owner, the landlord or management23
	460	+	of the mobile home park must prove:24
	461	+	• The landlord or management complied with the notice25
	462	+	requirements of the "Mobile Home Park Act";26
	463	+	• The landlord or management provided the home owner27
	464	+	1294
	465	+	-12- with a statement of reasons for termination of the tenancy;1
	466	+	and2
	467	+	• The reasons for termination of the tenancy are true and3
	468	+	valid under the "Mobile Home Park Act".4
	469	+	To defend against an eviction action, a home owner must appear5
	470	+	in court. If the court rules in favor of the landlord or management of the6
	471	+	mobile home park, the home owner has not less than thirty days from the7
	472	+	time of the ruling to either remove or sell the mobile home and to vacate8
	473	+	the premises. If the home owner wishes to extend such period beyond9
	474	+	thirty days but not more than sixty days from the date of the ruling, the10
	475	+	home owner shall prepay to the landlord an amount equal to a pro rata11
	476	+	share of rent for each day following the expiration of the initial thirty-day12
	477	+	period after the court's ruling that the mobile home owner will remain on13
	478	+	the premises. All prepayments shall be paid no later than thirty days after14
	479	+	the court ruling. This section does not preclude earlier removal by law15
	480	+	enforcement officers of a mobile home or one or more mobile home16
	481	+	owners or occupants from the mobile home park if a mobile home owner17
	482	+	violates article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303,18
	483	+	Colorado Revised Statutes.19
	484	+	SECTION 6. In Colorado Revised Statutes, add 38-12-204.5 as20
	485	+	follows:21
	486	+	38-12-204.5. Eviction for rule violation - stay of eviction22
	487	+	proceeding - rules challenge. I
	488	+	F A RESIDENT IS A DEFENDANT IN A23
	489	+	FORCIBLE ENTRY AND DETAINER COMPLAINT FILED IN EITHER COUNTY OR24
	490	+	DISTRICT COURT, AND THE RESIDENT HAS ALSO SUBMITTED A PENDING25
	491	+	COMPLAINT THROUGH THE "MOBILE HOME PARK ACT DISPUTE26
	492	+	R
	493	+	ESOLUTION AND ENFORCEMENT PROGRAM", CREATED IN SECTION27
	494	+	1294
	495	+	-13- 38-12-1104, THAT IS RELATED TO THE FORCIBLE ENTRY AND DETAINER1
	496	+	ACTION, THE RESIDENT MAY PROVIDE A COPY OF THEIR ADMINISTRATIVE2
	497	+	COMPLAINT TO THE APPROPRIATE COURT OF JURISDICTION . UPON3
	498	+	RECEIVING CONFIRMATION OF THE PENDING ADMINISTRATIVE COMPLAINT ,4
	499	+	THE COURT SHALL AUTOMATICALLY STAY ANY HEARING ON THE FORCIBLE5
	500	+	ENTRY AND DETAINER COMPLAINT FOR AT LEAST TWENTY-ONE CALENDAR6
	501	+	DAYS, DURING WHICH THE DIVISION IS ENCOURAGED TO REVIEW AND7
	502	+	CONDUCT AN INITIAL ASSESSMENT OF THE COMPLAINT. THE COURT AT ITS8
	503	+	DISCRETION MAY STAY THE FORCIBLE ENTRY AND DETAINER COMPLAINT9
	504	+	FOR LONGER THAN TWENTY-ONE CALENDAR DAYS TO ALLOW FOR10
	505	+	APPROPRIATE INVESTIGATION AND ADJUDICATION OF THE PENDING11
	506	+	ADMINISTRATIVE COMPLAINT . THE RESIDENT SHALL ALSO MAKE12
	507	+	REASONABLE EFFORTS TO INFORM ADMINISTRATORS OF THE DISPUTE13
	508	+	RESOLUTION PROGRAM OF THE PENDING FORCIBLE ENTRY AND DETAINER14
	509	+	ACTION, FOR THE DISPUTE RESOLUTION PROGRAM TO PRIORITIZE15
	510	+	EXPEDIENT RESOLUTION OF THE PENDING ADMINISTRATIVE COMPLAINT .16
	511	+	THIS SECTION DOES NOT APPLY TO EVICTIONS FILED PURSUANT TO SECTION17
	512	+	38-12-203(1)(f).18
	513	+	SECTION 7. In Colorado Revised Statutes, 38-12-206, amend19
	514	+	(3) as follows:20
	515	+	38-12-206. Home owner meetings - assembly in common areas21
	516	+	- meeting hosted by landlord. (3) If requested by a home owner or22
	517	+	resident, the landlord of a mobile home park shall, within thirty days of23
	518	+	receiving the request, host and attend a free, public, accessible meeting24
	519	+	for residents of the park; except that a landlord is not required to host and25
	520	+	attend more than two meetings in a calendar year. Notice of the date,26
	521	+	time, and location of the meeting must be posted in both English, and27
	522	+	1294
	523	+	-14- Spanish, AND ANY OTHER LANGUAGE REASONABLY KNOWN TO BE SPOKEN1
	524	+	BY MORE THAN ONE RESIDENT IN THE PARK in a clearly visible location in2
	525	+	common areas of the mobile home park, including any community hall or3
	526	+	recreation hall, for a period of seven days before the meeting and must be4
	527	+	provided by mail at least fourteen days before the meeting to each home5
	528	+	owners' association, residents' association, or similar body that represents6
	529	+	the residents of the park. In addition to mailing the notice as required by7
	530	+	this section, the landlord shall provide notice of the meeting by e-mail to8
	531	+	each home owner and resident who has an e-mail address on file with the9
	532	+	landlord. U
	533	+	PON THE
	534	+	REASONABLE REQUEST OF A HOME OWNER OR10
	535	+	RESIDENT THAT IS MADE AT LEAST SEVEN DAYS BEFORE THE SCHEDULED11
	536	+	MEETING, A LANDLORD SHALL PROVIDE AN INTERPRETER FOR ANY12
	537	+	MEETING THAT IS HELD PURSUANT TO THIS SECTION PURSUANT TO SECTION13
	538	+	38-12-212.9.
	539	+	IF AN INTERPRETER IS PROVIDED, THE LANDLORD SHALL14
	540	+	PROVIDE ANY DOCUMENTS OR MATERIALS FOR THE M EETING PURSUANT TO15
	541	+	SECTION 38-12-212.9. THE LANDLORD SHALL BEAR THE COSTS OF16
	542	+	PROVIDING THE INTERPRETER AND FOR TRANSLATING ANY DOCUMENTS OR17
	543	+	MATERIALS PROVIDED FOR THE MEETING .
	544	+	A LANDLORD MAY USE A18
	545	+	VIRTUAL LANGUAGE LINE OR OTHER MEANS OF PROVIDING LIVE19
	546	+	INTERPRETATION VIRTUALLY OR ONLINE TO SATISFY THE REQUIREMENTS20
	547	+	OF THIS SECTION. THE DIVISION IS ENCOURAGED TO PUBLISH A LIST OF21
	548	+	AVAILABLE VIRTUAL, ONLINE, AND REMOTE INTERPRETATION SERVICES22
	549	+	THAT ARE OFFERED BY TRAINED INTERPRETERS .23
	550	+	SECTION 8. In Colorado Revised Statutes, 38-12-209, add (5)24
	551	+	as follows:25
	552	+	38-12-209. Fees prohibited. (5) A
	553	+	LANDLORD SHALL NOT26
	554	+	CHARGE A RESIDENT OR A HOME OWNER ANY FEE , PENALTY, OR ANY27
	555	+	1294
	556	+	-15- OTHER COST FOR REFUSING TO SIGN A NEW LEASE OR FOR RESIDING UNDER1
	557	+	A MONTH-TO-MONTH OR OTHER PERIODIC TENANCY .2
	558	+	SECTION 9. In Colorado Revised Statutes, 38-12-212.3, amend3
	559	+	(1)(a)(III)(C), (1)(b)(II), and (2)(b)(II); and add (1)(d) and (5.5) as4
	560	+	follows:5
	561	+	38-12-212.3. Responsibilities of landlord - acts prohibited.6
	562	+	(1) (a) Except as otherwise provided in this section:7
	563	+	(III) A landlord shall ensure that:8
	564	+	(C) Running water and reasonable amounts of water are furnished9
	565	+	at all times to each utility pedestal or pad space; except that a landlord10
	566	+	need not satisfy the conditions described in this subsection (1)(a)(III)(C)11
	567	+	if a mobile home is individually metered and the tenant occupying the12
	568	+	mobile home fails to pay for water services; the local government in13
	569	+	which the mobile home park is situated shuts off water service to a14
	570	+	mobile home for any reason; A THIRD-PARTY WATER PROVIDER SHUTS OFF15
	571	+	WATER FOR THE MOBILE HOME PARK FOR ANY REASON THAT IS UNRELATED16
	572	+	TO THE LANDLORD'S ACTIONS OR INACTIONS; weather conditions present17
	573	+	a likelihood that water pipes will freeze, water pipes to a mobile home are18
	574	+	wrapped in heated pipe tape, and the utility company has shut off19
	575	+	electrical service to a mobile home for any reason or the heat tape20
	576	+	malfunctions for any reason; running water is not available for any other21
	577	+	reason outside the landlord's control to prevent through reasonable and22
	578	+	timely maintenance; or the landlord is making repairs or improvements23
	579	+	to the items described in subsection (1)(a)(II) of this section, the landlord24
	580	+	has provided reasonable advance notice to the mobile home residents of25
	581	+	a service disruption that is required in connection with the repairs or26
	582	+	improvements, and the service disruption continues for no longer than27
	583	+	1294
	584	+	-16- twenty-four hours.1
	585	+	(b) If a landlord fails to maintain or repair the items described in2
	586	+	subsection (1)(a)(II) or (2)(b) of this section:3
	587	+	(II) The landlord is responsible for and shall pay the cost of4
	588	+	providing alternative sources of potable water REASONABLY SUFFICIENT5
	589	+	FOR DRINKING AND COOKING NO LATER THAN TWELVE HOURS AFTER A6
	590	+	SERVICE DISRUPTION BEGINS, AND REASONABLY SUFFICIENT FOR BATHING7
	591	+	AND ALL OTHER ESSENTIAL HYGIENE FOR ALL MEMBERS OF THE8
	592	+	HOUSEHOLD NO LATER THAN SEVENTY-TWO HOURS AFTER A SERVICE9
	593	+	DISRUPTION BEGINS, and FOR maintaining portable toilets which portable10
	594	+	toilets THAT are located reasonably near affected mobile homes in a11
	595	+	manner that renders them accessible to people with disabilities, no later12
	596	+	than twelve hours after the service disruption begins, unless conditions13
	597	+	beyond the landlord's control
	598	+	REASONABLY prevent compliance with this14
	599	+	subsection (1)(b)(II); and15
	600	+	(d) I
	601	+	N ADDITION TO THE REQUIREMENTS OF SUBSECTION (1)(b) OF16
	602	+	THIS SECTION, A LANDLORD MUST ALSO PROVIDE A RESIDENT WITH17
	603	+	POTABLE
	604	+	WATER REASONABLY SUFFICIENT FOR DRINKING , COOKING,18
	605	+	BATHING, AND ALL OTHER ESSENTIAL HYGIENE WITHIN THE TIME FRAMES19
	606	+	SPECIFIED IN SUBSECTION (1)(b)(II) OF THIS SECTION IF THE MOBILE HOME20
	607	+	PARK OR THE RESIDENT OR HOME OWNER 'S LOT IN THE PARK IS SUBJECT TO21
	608	+	A BOIL WATER ADVISORY THAT WAS CAUSED DUE TO MAINTENANCE OR22
	609	+	REPAIRS TO THE PARK PERFORMED OR ORDERED BY A PARK OWNER OR A23
	610	+	PARK OWNER'S AGENT OR CONTRACTOR UNTIL THE ADVISORY HAS BEEN24
	611	+	RESCINDED BY THE ISSUING AGENCY. A LANDLORD SHALL ALSO PROVIDE25
	612	+	A NOTICE, POSTED IN A CONSPICUOUS PLACE ON EACH MOBILE HOME LOT26
	613	+	IN BOTH ENGLISH AND SPANISH, OF A BOIL WATER ADVISORY AS SOON AS27
	614	+	1294
	615	+	-17- POSSIBLE BUT NOT LATER THAN TWENTY -FOUR HOURS AFTER THE1
	616	+	LANDLORD RECEIVES THE BOIL WATER ADVISORY . NOTICES THAT ARE2
	617	+	REQUIRED TO BE REISSUED MUST ALSO BE POSTED IN COMPLIANCE WITH3
	618	+	THIS SUBSECTION (1)(d).4
	619	+	(2) In addition to the responsibilities described in subsection (1)(a)5
	620	+	of this section, a landlord is responsible for:6
	621	+	(b) The premises, including:7
	622	+	(II) Maintaining roads, EXISTING OR CONSTRUCTED SIDEWALKS,8
	623	+	and other pavement owned by the landlord in a passable, safe condition9
	624	+	that is sufficient to provide access for residents' vehicles, emergency10
	625	+	vehicles, vans providing transportation services to persons who are11
	626	+	elderly or disabled, and school buses, if applicable, which maintenance12
	627	+	includes snow removal, ensuring adequate drainage, and maintaining13
	628	+	pavement above water lines,
	629	+	AND SNOW REMOVAL FOR ALL ROADWAYS
	630	+	14
	631	+	AND FOR ALL PEDESTRIAN SIDEWALKS AND OTHER PAVEMENTS THAT15
	632	+	PROVIDE ACCESS TO MAILBOXES , PUBLIC NOTICE AREAS, AND PUBLIC16
	633	+	BUILDINGS;17
	634	+	(5.5) A
	635	+	LANDLORD SHALL ESTABLISH A UNIQUE MAILING ADDRESS18
	636	+	AND MAILBOX FOR EACH MOBILE HOME PARK LOT TO PROVIDE ACCESS TO19
	637	+	U
	638	+	NITED STATES MAIL SERVICE AND SHALL INCLUDE THE MAILING ADDRESS20
	639	+	IN THE RENTAL AGREEMENT . THE MAILBOXES PROVIDED UNDER THIS21
	640	+	SECTION MAY BE LOCATED IN ONE OR MORE COMMON AREAS LOCATED22
	641	+	WITHIN THE PARK OR ON INDIVIDUAL LOTS . THE REQUIREMENTS OF THIS23
	642	+	SUBSECTION (5.5) DO NOT APPLY IF UNITED STATES MAIL SERVICE IS NOT24
	643	+	AVAILABLE IN THE GEOGRAPHIC AREA WHERE THE PARK IS LOCATED .25
	644	+	SECTION 10. In Colorado Revised Statutes, 38-12-212.5,26
	645	+	amend (2)(e) and (2)(f); and add (2)(g) as follows:27
	646	+	1294
	647	+	-18- 38-12-212.5. Prohibition on retaliation and harassment -1
	648	+	definition. (2) Except as described in subsection (3) of this section, in an2
	649	+	action or administrative proceeding by or against a home owner or3
	650	+	resident, the management's action is presumed to be retaliatory if, within4
	651	+	the one hundred twenty days preceding the management's action, the5
	652	+	home owner or resident:6
	653	+	(e) Participated in a vote or decision-making process concerning7
	654	+	the opportunity to purchase the mobile home park pursuant to section8
	655	+	38-12-217; or9
	656	+	(f) Filed a water quality complaint or requested remediation to10
	657	+	address a water quality issue under part 10 of article 8 of title 25;
	658	+	OR11
	659	+	(g)
	660	+	REQUESTED THAT THE LANDLORD PROVIDE COMMUNICATIONS12
	661	+	REQUIRED IN THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE 12 IN A13
	662	+	LANGUAGE OTHER THAN ENGLISH.14
	663	+	SECTION 11. In Colorado Revised Statutes, add 38-12-212.9 as15
	664	+	follows:16
	665	+	38-12-212.9. Language access requirements. (1) E
	666	+	XCEPT AS17
	667	+	OTHERWISE PROVIDED IN THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE18
	668	+	12,
	669	+	A LANDLORD SHALL PROVIDE ANY NOTICE , DISCLOSURE, OR OTHER19
	670	+	COMMUNICATION THAT A LANDLORD IS REQUIRED TO PROVIDE TO A20
	671	+	RESIDENT PURSUANT TO THIS PART 2 OR PART 11 OR 13 OF THIS ARTICLE21
	672	+	12,
	673	+	IN ENGLISH AND SPANISH. AT ANY TIME, A RESIDENT MAY REQUEST22
	674	+	THAT A LANDLORD PROVIDE A NOTICE , DISCLOSURE, OR OTHER23
	675	+	COMMUNICATION IN ONE ADDITIONAL LANGUAGE , OTHER THAN ENGLISH24
	676	+	OR SPANISH, SPOKEN BY THE RESIDENT . IF A LANDLORD RECEIVES A25
	677	+	REQUEST TO PROVIDE A NOTICE, DISCLOSURE, OR COMMUNICATION IN
	678	+	ONE26
	679	+	ADDITIONAL LANGUAGE OTHER THAN ENGLISH OR SPANISH, THE27
	680	+	1294
	681	+	-19- LANDLORD SHALL PROVIDE ANY SUBSEQUENT NOTICES , DISCLOSURES, OR1
	682	+	COMMUNICATIONS REQUIRED PURSUANT TO THIS PART 2 OR PART 11 OR 132
	683	+	OF THIS ARTICLE 12 TO THE RESIDENT IN THE REQUESTED LANGUAGE . A3
	684	+	LANDLORD MAY PROVIDE A TRANSLATION PURSUANT TO THIS SECTION4
	685	+	VIRTUALLY OR THROUGH THE USE OF AN ONLINE TRANSLATION PROGRAM,5
	686	+	INCLUDING PROGRAMS THAT MAY BE PUBLISHED BY THE DIVISION , SO6
	687	+	LONG AS THE TRANSLATED WRITTEN NOTICE , DISCLOSURE, OR7
	688	+	COMMUNICATION SATISFIES ALL APPLICABLE LEGAL REQUIREMENTS .8
	689	+	(2) A
	690	+	T ANY TIME, A RESIDENT MAY REQUEST THAT A LANDLORD9
	691	+	PROVIDE A WRITTEN NOTICE, DISCLOSURE, OR OTHER COMMUNICATION10
	692	+	VERBALLY IN ENGLISH ONE TIME TO THE RESIDENT IN ADDITION TO11
	693	+	PROVIDING THE RESIDENT WITH A WRITTEN NOTICE , DISCLOSURE, OR12
	694	+	OTHER COMMUNICATION . IF THE LANDLORD RECEIVES A REQUEST TO13
	695	+	PROVIDE A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION VERBALLY ,14
	696	+	THE LANDLORD SHALL READ THE NOTICE , DISCLOSURE, OR OTHER15
	697	+	COMMUNICATION ALOUD TO THE RESIDENT WITHIN SEVENTY -TWO HOURS16
	698	+	OF THE RESIDENT MAKING THE REQUEST . TO SATISFY THE REQUIREMENT17
	699	+	OF THIS SUBSECTION (2), A LANDLORD MAY ALSO PROVIDE AN AUDIO OR18
	700	+	VIDEO RECORDING OF THE NOTICE , DISCLOSURE, OR OTHER19
	701	+	COMMUNICATION BEING READ ALOUD .20
	702	+	(3) A
	703	+	LANDLORD SHALL ENSURE THAT ANY NOTICE , DISCLOSURE,21
	704	+	OR OTHER COMMUNICATION REQUIRED PURSUANT TO THIS PART 2 OR PART22
	705	+	11
	706	+	OR 13 OF THIS ARTICLE 12 IS WRITTEN IN CLEAR AND PLAIN LANGUAGE23
	707	+	AND INCLUDES ALL INFORMATION
	708	+	REASONABLY NECESSARY FOR THE24
	709	+	RESIDENT TO UNDERSTAND THE RESIDENT'S RIGHTS AND RESPONSIBILITIES.25
	710	+	A
	711	+	TRANSLATED NOTICE, DISCLOSURE, OR OTHER COMMUNICATION MUST26
	712	+	ACCURATELY CONVEY THE MEANING OF THE ORIGINAL ENGLISH NOTICE,27
	713	+	1294
	714	+	-20- DISCLOSURE, OR OTHER COMMUNICATION. EACH NOTICE, DISCLOSURE, OR1
	715	+	OTHER COMMUNICATION, REGARDLESS OF THE LANGUAGE, MUST BE CLEAR2
	716	+	AND UNAMBIGUOUS TO ENSURE THAT IT IS EASILY UNDERST OOD BY ALL3
	717	+	PARK RESIDENTS. A LANDLORD SHALL MAKE REASONABLE EFFORTS TO4
	718	+	PROVIDE A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION IN THE5
	719	+	SIMPLEST LANGUAGE PRACTICABLE TO CONVEY THE REQUIRED MESSAGE .6
	720	+	(4) A
	721	+	RESIDENT MAY RESPOND IN ENGLISH OR SPANISH TO ANY7
	722	+	NOTICE, DISCLOSURE, OR OTHER COMMUNICATION PROVIDED BY A8
	723	+	LANDLORD. A RESIDENT WHO HAS REQUESTED THAT A LANDLORD PROVIDE9
	724	+	A NOTICE, DISCLOSURE, OR OTHER COMMUNICATION IN A LANGUAGE10
	725	+	OTHER THAN ENGLISH OR SPANISH MAY RESPOND TO THE NOTICE ,11
	726	+	DISCLOSURE, OR OTHER COMMUNICATION IN THE REQUESTED LANGUAGE .12
	727	+	(5) A
	728	+	RESIDENT MAY REQUEST THAT A LANDLORD PROVIDE AN13
	729	+	INTERPRETER IN
	730	+	ONE LANGUAGE IN ADDITION TO ENGLISH AND SPANISH14
	731	+	THAT THE RESIDENT USES FOR ANY NON-WRITTEN NOTICE, DISCLOSURE, OR15
	732	+	OTHER COMMUNICATION WITH RESIDENTS , INCLUDING IN A MEETING16
	733	+	REQUIRED PURSUANT TO SECTION 38-12-206. A LANDLORD SHALL17
	734	+	PROVIDE AN INTERPRETER IN TH E REQUESTED LANGUAGE AND MAY18
	735	+	PROVIDE THE INTERPRETATION IN PERSON OR VIRTUALLY THROUGH AN19
	736	+	INTERPRETATION SERVICE, INCLUDING A VIRTUAL OR REMOTE LANGUAGE20
	737	+	LINE THAT PROVIDES LIVE INTERPRETATION BY A TRAINED INTERPRETER.21
	738	+	N
	739	+	ON-WRITTEN LANGUAGE INCLUDES AMERICAN SIGN LANGUAGE.22
	740	+	SECTION 12. In Colorado Revised Statutes, 38-12-213, amend23
	741	+	(1) introductory portion as follows:24
	742	+	38-12-213. Rental agreement - disclosure of terms in writing25
	743	+	- prohibited provisions. (1) The management shall adequately disclose26
	744	+	the terms and conditions of a tenancy in writing in a rental agreement
	745	+	IN27
	746	+	1294
	747	+	-21- ENGLISH, OR UPON REQUEST IN BOTH ENGLISH AND SPANISH, to any1
	748	+	prospective home owner before the rental or occupancy of a mobile home2
	749	+	space or lot. The disclosures must include:3
	750	+	SECTION 13. In Colorado Revised Statutes, 38-12-214, amend4
	751	+	(1) introductory portion, (1)(e), (2.5), (2.7)(a)(II), and (3)(a); repeal and5
	752	+	reenact, with amendments, (2); and add (2.7)(c) as follows:6
	753	+	38-12-214. Rules and regulations - amendments - notice -7
	754	+	complaints. (1) The management shall adopt written rules and8
	755	+	regulations concerning residents' or home owners' use and occupancy of9
	756	+	the premises. T
	757	+	HE MANAGEMENT SHALL PROVIDE A RESIDENT OR HOME10
	758	+	OWNER WITH A WRITTEN COPY OF THE ADOPTED RULES AND REGULATIONS11
	759	+	IN ENGLISH AND SPANISH. Except as otherwise provided in this section,12
	760	+	such rules and regulations are enforceable against a resident or home13
	761	+	owner only if:14
	762	+	(e) They are established in the rental agreement at the inception15
	763	+	of the tenancy, amended subsequently with the written consent of the16
	764	+	home owner, or, except as described in subsection (2) of this section,17
	765	+	amended subsequently without the written consent of the home owner18
	766	+	after the management has provided written notice,
	767	+	IN BOTH ENGLISH AND19
	768	+	S
	769	+	PANISH, of the amendments to the home owner IN A COMMON AREA AND20
	770	+	IN A CONSPICUOUS PLACE ON EACH HOME OWNER 'S MOBILE HOME LOT at21
	771	+	least sixty days before the amendments become effective, and, if22
	772	+	applicable, enforced in compliance with subsection (3) of this section.23
	773	+	(2) (a) W
	774	+	HEN A MOBILE HOME OR ANY ACCESSORY BUILDING OR24
	775	+	STRUCTURE IS OWNED BY A PERSON OTHER THAN THE OWNER OF THE25
	776	+	MOBILE HOME PARK IN WHICH THE MOBILE HOME IS LOCATED , THE MOBILE26
	777	+	HOME AND THE ACCESSORY BUILDING OR STRUCTURE ARE EACH A27
	778	+	1294
	779	+	-22- SEPARATE UNIT OF OWNERSHIP. THE ACCESSORY BUILDING OR STRUCTURE1
	780	+	ARE EACH PRESUMED TO BE OWNED BY THE OWNER OF THE MOBILE HOME2
	781	+	UNLESS THERE IS A WRITTEN AGREEMENT ESTABLISHING OWNERSHIP BY3
	782	+	ANOTHER PERSON.4
	783	+	(b) I
	784	+	F A RULE OR REGULATION REQUIRES A HOME OWNER TO INCUR5
	785	+	A COST OR IMPOSES RESTRICTIONS OR REQUIREMENTS ON THE HOME6
	786	+	OWNER'S RIGHT TO CONTROL WHAT HAPPENS IN OR TO THE MOBILE HOME7
	787	+	OR ANY ACCESSORY BUILDING OR STRUCTURE , THE RULE OR REGULATION8
	788	+	IS PRESUMED UNREASONABLE PURSUANT TO SUBSECTION (1)(c) OF THIS9
	789	+	SECTION UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR10
	790	+	REGULATION:11
	791	+	(I) I
	792	+	S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY12
	793	+	OF PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE13
	794	+	PROTECTION AT THE LOWEST EXPENSE TO HOME OWNERS AS IS14
	795	+	REASONABLY POSSIBLE;15
	796	+	(II) I
	797	+	S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A16
	798	+	FEDERAL, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING17
	799	+	LOCAL NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER18
	800	+	RESIDENTS;19
	801	+	(III) I
	802	+	S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT20
	803	+	COERCION OR MISREPRESENTATION BY MANAGEMENT , IN WHICH CASE THE21
	804	+	RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE22
	805	+	COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION ;23
	806	+	OR24
	807	+	(IV) I
	808	+	N A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS25
	809	+	ESTABLISHED BY THE MANAGING HOME OWNER ORGANIZATION IN26
	810	+	ACCORDANCE WITH THE ORGANIZATION 'S BYLAWS AND MORE THAN FIFTY27
	811	+	1294
	812	+	-23- PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION .1
	813	+	(c) (I) RULES OR REGULATIONS THAT IMPOSE RESTRICTIONS OR2
	814	+	REQUIREMENTS ON THE HOME OWNER 'S RIGHT TO CONTROL WHAT HAPPENS3
	815	+	IN OR TO A HOME OWNER'S MOBILE HOME OR ANY ACCESSORY BUILDING OR4
	816	+	STRUCTURE INCLUDE, BUT ARE NOT LIMITED TO, THOSE THAT IMPOSE5
	817	+	REQUIREMENTS RELATED TO THE FOLLOWING :6
	818	+	(A) THE STRUCTURE AND APPEARANCE OF THE MOBILE HOME ,7
	819	+	BUILDING, OR STRUCTURE, INCLUDING RULES OR REGULATIONS REQUIRING8
	820	+	AESTHETIC IMPROVEMENTS ;9
	821	+	(B) WHO MAY VISIT THE MOBILE HOME, BUILDING, OR10
	822	+	STRUCTURE, OR WHO MAY RESIDE AT THE MOBILE HOME ;11
	823	+	(C) LAWFUL ACTIVITIES TAKING PLACE IN THE MOBILE HOME ,12
	824	+	BUILDING, OR STRUCTURE; AND13
	825	+	(D) RESIDENT OCCUPANCY LIMITS THAT ARE STRICTER THAN14
	826	+	APPLICABLE FEDERAL, STATE, AND LOCAL OCCUPANCY LAWS .15
	827	+	(II) THIS SUBSECTION (2)(c) DOES NOT PRECLUDE A LANDLORD16
	828	+	FROM CONDUCTING ANY LAWFUL SCREENING OF A RENTAL APPLICATION.17
	829	+	(d) B
	830	+	EGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION (2),18
	831	+	ANY NOTICE TO QUIT SERVED PURSUANT TO SECTION 38-12-204.3 OR ANY19
	832	+	COMPLAINT TO TERMINATE TENANCY PURSUANT TO SECTION 38-12-20320
	833	+	(1)(c)
	834	+	SHALL INCLUDE A STATEMENT THAT SPECIFICALLY SETS FORTH THE21
	835	+	BASIS FOR ENFORCEABILITY PURSUANT TO SUBSECTION (1) OF THIS22
	836	+	SECTION AND SECTION 38-12-203 (1)(c),
	837	+	INCLUDING THE SPECIFIC PURPOSE23
	838	+	REQUIRED PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND HOW24
	839	+	THE RULE OR REGULATION IS REASONABLY RELATED TO THE STATED25
	840	+	PURPOSE AS REQUIRED PURSUANT TO SUBSECTION (1)(b) OF THIS SECTION.26
	841	+	A
	842	+	GENERAL STATEMENT THAT A RULE OR REGULATION PROMOTES SAFETY27
	843	+	1294
	844	+	-24- OR WELFARE IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THIS1
	845	+	SUBSECTION (2)(d) OR SECTION 38-12-203 (1)(c).2
	846	+	(e) T
	847	+	HE DIVISION IS AUTHORIZED TO PROMULGATE RULES
	848	+	THAT:3
	849	+	(I) SPECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT ARE4
	850	+	NOT STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE5
	851	+	UNENFORCEABLE OR PRESUMPTIVELY UNENFORCEABLE; AND6
	852	+	(II) SPECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT7
	853	+	ARE STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE8
	854	+	ENFORCEABLE OR PRESUMPTIVELY ENFORCEABLE .9
	855	+	(2.5) (a) Subsection (2) of this section does not prohibit the10
	856	+	management from requiring compliance by a new home owner with park11
	857	+	rules and regulations that were not enforceable against the previous home12
	858	+	owner after the sale or transfer of a mobile home or accessory building or13
	859	+	structure as described in subsection (2.5)(b) of this section provided that14
	860	+	IF the rules or regulations comply with this section and have been duly15
	861	+	noticed,
	862	+	IN BOTH ENGLISH AND SPANISH, to all home owners and16
	863	+	residents, including the seller, pursuant to subsection (1)(e) of this17
	864	+	section; except that, as used in this subsection (2.5), "transfer" does not18
	865	+	include a transfer of ownership pursuant to death or divorce or a transfer19
	866	+	of ownership to a new co-owner who is an immediate family member,20
	867	+	spouse, or domestic partner of the home owner.21
	868	+	(b) The management shall not require a home owner selling a22
	869	+	mobile home or accessory building or structure to ensure that the mobile23
	870	+	home or accessory building or structure complies with any rules or24
	871	+	regulations by the closing date of the sale or to bear the costs of25
	872	+	compliance with any such rules or regulations. If the management26
	873	+	requires all prospective buyers to comply with such rules and regulations27
	874	+	1294
	875	+	-25- as a condition of gaining tenancy in the park, the management shall1
	876	+	promptly provide a written list of items for which the management2
	877	+	requires action to the seller upon receiving notice that the mobile home3
	878	+	is for sale. The seller shall provide the list to all prospective buyers, and4
	879	+	the management shall provide the list to the buyer upon receiving an5
	880	+	application for tenancy. The management shall allow a reasonable amount6
	881	+	of time after closing for the buyer to bring the mobile home or accessory7
	882	+	building or structure into compliance, which must be at least thirty days8
	883	+	from the closing date. D
	884	+	URING THE PERIOD IN WHICH THE BUYER MAY9
	885	+	BRING THE MOBILE HOME OR ACCESSORY BUILDING OR STRUCTURE INTO10
	886	+	COMPLIANCE, THE MANAGEMENT SHALL PROVIDE THE BUYER WITH11
	887	+	REASONABLE ACCESS TO THE MOBILE HOME OR ACCESSORY BUILDING OR12
	888	+	STRUCTURE, INCLUDING ACCESS TO THE MOBILE HOME OR ACCESSORY13
	889	+	BUILDING OR STRUCTURE FOR THE PURPOSE OF STORING BELONGINGS14
	890	+	UNTIL THE BUYER IS ABLE TO RESIDE IN THE MOBILE HOME .15
	891	+	(2.7) (a) Notwithstanding any rental agreement, the management16
	892	+	shall not interfere with a home owner's right to sell a mobile home or17
	893	+	accessory building or structure, in place or otherwise, to a buyer of the18
	894	+	home owner's choosing, regardless of the age of the home, except as19
	895	+	necessary for the management to ensure:20
	896	+	(II) The financial ability of the home buyer to comply with the21
	897	+	buyer's obligations as a new tenant
	898	+	PURSUANT TO SUBSECTION (2.7)(c) OF22
	899	+	THIS SECTION;23
	900	+	(c) A
	901	+	BUYER DEMONSTRATES THE BUYER 'S FINANCIAL ABILITY TO24
	902	+	COMPLY WITH THE PROVISIONS OF SUBSECTION (2.7)(a)(II) OF THIS25
	903	+	SECTION IF THE BUYER CAN DEMONSTRATE THAT :26
	904	+	(I) T
	905	+	HE BUYER HAS A MONTHLY INCOME THAT IS AT LEAST TWO27
	906	+	1294
	907	+	-26- HUNDRED PERCENT OF THE SELLER 'S CURRENT MONTHLY LOT RENT FOR1
	908	+	ONE MONTH; OR2
	909	+	(II) T
	910	+	HE BUYER HAS OTHER CASH ASSETS THAT ARE AT LEAST TWO3
	911	+	HUNDRED PERCENT OF THE SELLER'S CURRENT MONTHLY LOT RENT FOR SIX4
	912	+	MONTHS.5
	913	+	(3) (a) If the management provides each home owner written6
	914	+	notice,
	915	+	IN BOTH ENGLISH AND SPANISH, of the management's intent to add7
	916	+	or amend any written rule or regulation as described in subsection (1)(e)8
	917	+	of this section,
	918	+	OR IF THE MANAGEMENT INDICATES THAT IT WILL BEGIN9
	919	+	ENFORCING A RULE OR REGULATION THAT WAS PREVIOUSLY UNENFORCED ,10
	920	+	a home owner may file a complaint challenging the rule, regulation, or11
	921	+	amendment pursuant to section 38-12-1105 within sixty days after12
	922	+	receiving the notice. If a home owner files such a complaint and the new13
	923	+	or amended rule or regulation will increase a cost to the home owner in14
	924	+	an amount that equals or exceeds ten percent of the home owner's15
	925	+	monthly rent obligation under the rental agreement, the management shall16
	926	+	not enforce the rule, regulation, or amendment unless and until the parties17
	927	+	reach an agreement concerning the rule, regulation, or amendment or the18
	928	+	dispute resolution process concludes and the division of housing within
	929	+	19
	930	+	the department of local affairs issues a written determination, pursuant to20
	931	+	section 38-12-1105 (4), that the rule, regulation, or amendment does not21
	932	+	constitute a violation of this part 2 and may be enforced. Notwithstanding22
	933	+	any provision of part 11 of this article 12 to the contrary, as part of the23
	934	+	complaint process described in section 38-12-1105, the management has24
	935	+	the burden of establishing that the rule, regulation, or amendment satisfies25
	936	+	the requirements described in subsections (1) and (2) of this section. 26
	937	+	SECTION 14. In Colorado Revised Statutes, 38-12-217, amend27
	938	+	1294
	939	+	-27- (9)(b); and add (9)(b.5) as follows:1
	940	+	38-12-217. Notice of change of use - notice of sale or closure of2
	941	+	park - opportunity for home owners to purchase - procedures -3
	942	+	exemptions - enforcement - private right of action - definition.4
	943	+	(9) Independence of time limits and notice provisions. (b) (I) A5
	944	+	landlord is not required to provide a new or subsequent notice of intent6
	945	+	to sell for each triggering event listed in subsection (1)(a) of this section7
	946	+	if:8
	947	+	(I) (A) The new demonstration of intent occurs within sixty9
	948	+	calendar days of the certified mailing of the most recent notice under10
	949	+	subsection (2) of this section; and11
	950	+	(B) There are no material changes to the identity of a potential12
	951	+	buyer if the landlord has made a conditional agreement with a buyer; to13
	952	+	the time when the park is listed for sale; or to the price, terms, and14
	953	+	conditions of an acceptable offer the landlord has received to sell the15
	954	+	mobile home park or for which the landlord intends to sell the park,16
	955	+	which were included in the most recent notice provided pursuant to17
	956	+	subsection (1)(a) of this section; OR18
	957	+	(II) Any material change to the price, terms, and conditions of an19
	958	+	acceptable offer the landlord has received to sell the mobile home park or20
	959	+	for which the landlord intends to sell the park is considered a new21
	960	+	triggering event, requiring a new notice pursuant to subsection (1)(a) of22
	961	+	this section and creating a new one-hundred-twenty-day time period. THE23
	962	+	LANDLORD IS ONLY CONSIDERING AN OFFER FROM A GROUP OR24
	963	+	ASSOCIATION OF HOME OWNERS WHO RESIDE IN THE PARK ; EXCEPT THAT25
	964	+	A LANDLORD SHALL PROVIDE A NEW OR SUBSEQUENT NOTICE IF AT ANY26
	965	+	POINT THERE IS A NEW TRIGGERING EVENT SPECIFIED IN SUBSECTION (1)(a)27
	966	+	1294
	967	+	-28- OF THIS SECTION INVOLVING A DIFFERENT PARTY .1
	968	+	(b.5) ANY MATERIAL CHANGE TO THE PRICE, TERMS, AND2
	969	+	CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO3
	970	+	SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO4
	971	+	SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT , REQUIRING A5
	972	+	NEW NOTICE PURSUANT TO SUBSECTION (1)(a) OF THIS SECTION AND6
	973	+	CREATING A NEW ONE-HUNDRED-TWENTY-DAY TIME PERIOD.7
	974	+	SECTION 15. In Colorado Revised Statutes, 38-12-220, add (6)8
	975	+	as follows:9
	976	+	38-12-220. Private civil right of action. (6) (a) A
	977	+	COURT HAS10
	978	+	THE DISCRETION TO
	979	+	ORDER, AFTER A REVIEW OF THE FILINGS OR AT ANY11
	980	+	POINT THEREAFTER, THAT A LANDLORD CEASE FROM INCREASING RENT ON12
	981	+	A MOBILE HOME PARK LOT OR ISSUING A NOTICE OF A RENT INCREASE IF13
	982	+	THE LANDLORD HAS BEEN NAMED AS A DEFENDANT IN ANY PENDING14
	983	+	LAWSUIT OR ADMINISTRATIVE COMPLAINT THAT ALLEGES :15
	984	+	(I) A
	985	+	VIOLATION OF THE "MOBILE HOME PARK ACT", PART 2 OF16
	986	+	THIS ARTICLE 12, OR A VIOLATION RELATED TO A MOBILE HOME PARK17
	987	+	LOCATED IN COLORADO;18
	988	+	(II) A
	989	+	VIOLATION OF THE FEDERAL "FAIR HOUSING ACT", 4219
	990	+	U.S.C.
	991	+	SEC. 3601 ET SEQ., AS AMENDED, OR THE FAIR HOUSING PROVISIONS20
	992	+	IN PART 5 OF ARTICLE 34 OF TITLE 24; OR21
	993	+	(III) A
	994	+	VIOLATION RELATED TO UNLAWFUL PRICE FIXING , ILLEGAL22
	995	+	PRACTICES CONCERNING RENT , FEES, CONSUMER PROTECTION LAWS ,23
	996	+	ANTI-TRUST PROTECTIONS, OR FINANCIAL IMPROPRIETY RELATED TO A24
	997	+	MOBILE HOME PARK.25
	998	+	(b) A
	999	+	COURT SHALL ORDER THAT A LANDLORD REFUND A26
	1000	+	HOMEOWNER OR A RESIDENT ANY RENT THAT
	1001	+	THE COURT DETERMINES27
	1002	+	1294
	1003	+	-29- WAS UNLAWFULLY COLLECTED OR RETAINED IN ADDITION TO ANY OTHER1
	1004	+	REMEDIES OR DAMAGES AUTHORIZED UNDER LAW .2
	1005	+	SECTION 16. In Colorado Revised Statutes, 38-12-223, amend3
	1006	+	(1)(c), (1)(d)(IV), and (1)(d)(V); and add (1)(d)(VI), (1)(e), (1)(f), and4
	1007	+	(5.5) as follows: 5
	1008	+	38-12-223. Tenancy and park sale records. (1) A landlord shall6
	1009	+	retain records for each home owner and resident throughout the home7
	1010	+	owner's or resident's tenancy and for twelve months after the tenancy8
	1011	+	ends, including documentation of:9
	1012	+	(c) Written rules and regulations adopted by the current or10
	1013	+	previous landlord during the home owner's or resident's tenancy; and11
	1014	+	(d) Each request from the home owner or resident relating to the12
	1015	+	following, including whether the landlord at the time approved or13
	1016	+	disapproved each request:14
	1017	+	(IV) Decks, fences, wheelchair ramps, or other structural changes15
	1018	+	to the home or lot; and16
	1019	+	(V) Use of property related to parking of vehicles and use of17
	1020	+	vehicles;
	1021	+	AND18
	1022	+	(VI) A
	1023	+	REQUEST FROM THE RESIDENT OR HOME OWNER THAT19
	1024	+	NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS BE PROVIDED IN A20
	1025	+	LANGUAGE OTHER THAN ENGLISH;21
	1026	+	(e) A
	1027	+	PAYMENT LEDGER THAT DOCUMENTS ANY RENT OR OTHER22
	1028	+	TYPE OF PAYMENT FROM A RESIDENT OR HOME OWNER , THE AMOUNT PAID,23
	1029	+	AND THE DATE THE PAYMENT WAS MADE ; AND24
	1030	+	(f) W
	1031	+	RITTEN NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS25
	1032	+	PROVIDED TO RESIDENTS AND HOME OWNERS WHO HAVE REQUESTED THAT26
	1033	+	THE LANDLORD PROVIDE NOTICES , DISCLOSURES, OR OTHER27
	1034	+	1294
	1035	+	-30- COMMUNICATIONS IN A LANGUAGE OTHER THAN ENGLISH.1
	1036	+	(5.5) N
	1037	+	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5) OF2
	1038	+	THIS SECTION, AT ANY POINT DURING A TENANCY OR TWELVE MONTHS3
	1039	+	AFTER A TENANCY HAS ENDED , A RESIDENT MAY REQUEST A COPY OF4
	1040	+	THEIR PAYMENT LEDGER AND THE LANDLORD SHALL PROVIDE A COPY5
	1041	+	WITHIN
	1042	+	TEN CALENDAR DAYS.6
	1043	+	SECTION 17. In Colorado Revised Statutes, add 38-12-1105.57
	1044	+	as follows:8
	1045	+	38-12-1105.5. Sale or change in control of the park - complaint9
	1046	+	pending - duties of landlord. (1) I
	1047	+	F THERE IS A SALE OR OTHER CHANGE10
	1048	+	IN CONTROL OF A MOBILE HOME PARK WHILE A COMPLAINT FILED11
	1049	+	PURSUANT TO SECTION 38-12-1105 IS PENDING BEFORE THE DIVISION OR12
	1050	+	PRIOR TO THE LANDLORD'S COMPLIANCE WITH ALL REMEDIAL ACTIONS13
	1051	+	AND PENALTIES ORDERED BY THE DIVISION AS A RESULT OF A COMPLAINT14
	1052	+	THAT WAS PREVIOUSLY FILED , THE LANDLORD AT THE TIME THAT THE15
	1053	+	COMPLAINT WAS FILED SHALL , AS A PRIOR CONDITION OF THE SALE OR16
	1054	+	CHANGE IN CONTROL OF THE MOBILE HOME PARK :17
	1055	+	(a) P
	1056	+	ROVIDE ALL DOCUMENTS RELATED TO THE COMPLAINT ,18
	1057	+	INCLUDING ANY NOTICE OF VIOLATION OR FINAL AGENCY ORDER ISSUED19
	1058	+	BY THE DIVISION, TO A PROSPECTIVE BUYER AS PART OF THE DUE20
	1059	+	DILIGENCE PROCESS OF ANY SALE;21
	1060	+	(b) P
	1061	+	AY ALL PENALTIES ORDERED BY THE DIVISION IN A FINAL22
	1062	+	AGENCY ORDER AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE23
	1063	+	DIVISION; AND24
	1064	+	(c) F
	1065	+	OR A PENDING COMPLAINT IN WHICH THE DIVISION HAS NOT25
	1066	+	ISSUED A FINAL AGENCY ORDER , IF REQUESTED BY THE PROSPECTIVE26
	1067	+	BUYER OR ORDERED BY THE DIVISION, PLACE INTO AN ESCROW ACCOUNT27
	1068	+	1294
	1069	+	-31- MONEY SUFFICIENT TO COVER EITHER THE REMEDIATION COST OR AN1
	1070	+	ESTIMATED PENALTY THAT COULD BE ASSESSED BY THE DIVISION . THE2
	1071	+	SELLER IS ENTITLED TO THE RETURN OF MONEY PLACED IN ESCROW IF NO3
	1072	+	VIOLATION IS FOUND IN A FINAL AGENCY ORDER .4
	1073	+	(2) I
	1074	+	F THE DIVISION ORDERS ONE OR MORE REMEDIAL ACTIONS IN5
	1075	+	A FINAL AGENCY ORDER PRIOR TO THE SALE OF A MOBILE HOME PARK :6
	1076	+	(a) T
	1077	+	HE LANDLORD SHALL COMPLETE ALL REMEDIAL ACTIONS7
	1078	+	PRIOR TO THE SALE AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE8
	1079	+	DIVISION; OR9
	1080	+	(b) T
	1081	+	HE LANDLORD AND THE PROSPECTIVE BUYER SHALL JOINTLY10
	1082	+	SUBMIT TO THE DIVISION A WRITTEN REMEDIAL PLAN THAT REQUIRES ALL11
	1083	+	REMEDIAL ACTIONS TO BE COMPLETED WITHIN ONE YEAR . THE DIVISION12
	1084	+	MAY ACCEPT OR REJECT THE PROPOSED REMEDIAL PLAN AND ASSESS13
	1085	+	PENALTIES AGAINST EITHER PARTY IF A REMEDIAL PLAN SUBMITTED14
	1086	+	PURSUANT TO THIS SECTION IS NOT COMPLETED .15
	1087	+	(3) I
	1088	+	F THERE IS A SALE OR OTHER CHANGE IN CONTROL OF A16
	1089	+	MOBILE HOME PARK WHILE A COMPLAINT IS PENDING BEFORE THE17
	1090	+	DIVISION, THE DIVISION MAY ADD ANY LANDLORD SUCCESSOR IN INTEREST18
	1091	+	AS A PARTY WITH NO FURTHER ACTION NEEDED BY THE FILING PARTY .19
	1092	+	SECTION 18. In Colorado Revised Statutes, add part 13 to20
	1093	+	article 12 of title 38 as follows:21
	1094	+	PART 1322
	1095	+	RENT-TO-OWN MOBILE HOME CONTRACTS23
	1096	+	38-12-1301. Mobile home rent-to-own contracts - general24
	1097	+	provisions - definition. (1) A
	1098	+	S USED IN THIS PART 13, UNLESS THE25
	1099	+	CONTEXT OTHERWISE REQUIRES :26
	1100	+	(a) "P
	1101	+	URCHASE PAYMENT" MEANS ANY KIND OF PAYMENT THAT IS27
	1102	+	1294
	1103	+	-32- CREDITED TO THE PURCHASER TOWARD THE PURCHASE PRICE OF A MOBILE1
	1104	+	HOME, REGARDLESS OF HOW THE PAYMENT IS DENOMINATED .2
	1105	+	(b) "R
	1106	+	ENT-TO-OWN CONTRACT" MEANS ANY RENT -TO-OWN,3
	1107	+	LEASE-TO-OWN, PURCHASE OPTION, OR OTHER AGREEMENT IN WHICH THE4
	1108	+	PURCHASER OF A MOBILE HOME AGREES TO OR RECEIVES THE OPTION TO5
	1109	+	PURCHASE THE MOBILE HOME OVER A PERIOD MUTUALLY AGREED UPON6
	1110	+	WITH THE SELLER OF THE MOBILE HOME .7
	1111	+	(2) T
	1112	+	HIS PART 13 APPLIES ONLY TO A RENT-TO-OWN CONTRACT FOR8
	1113	+	A MOBILE HOME LOCATED IN A MOBILE HOME PARK AND WHEN THE SELLER9
	1114	+	OF THE MOBILE HOME:10
	1115	+	(a) I
	1116	+	S THE LANDLORD OF THE MOBILE HOME PARK ; OR11
	1117	+	(b) O
	1118	+	WNS MORE THAN ONE MOBILE HOME IN COLORADO.12
	1119	+	(3) T
	1120	+	HE PURCHASER UNDER A RENT-TO-OWN CONTRACT IS DEEMED13
	1121	+	TO BE A "HOME OWNER", AS THAT TERM IS DEFINED IN SECTION14
	1122	+	38-12-201.5
	1123	+	(2), AND HAS ALL OF THE RIGHTS OF A HOME OWNER UNDER15
	1124	+	PART 2 OF THIS ARTICLE 12, UNLESS OTHERWISE SPECIFIED IN THIS PART 1316
	1125	+	OR UNTIL THE RENT -TO-OWN CONTRACT IS VALIDLY TERMINATED17
	1126	+	PURSUANT TO THIS PART 13.18
	1127	+	(4) I
	1128	+	F THE SELLER OF A MOBILE HOME IS THE LANDLORD OF A19
	1129	+	MOBILE HOME PARK, THE SELLER SHALL DISCLOSE ALL RENT -TO-OWN20
	1130	+	CONTRACTS TO WHICH THE SELLER IS A PARTY ON THE ANNUAL21
	1131	+	REGISTRATION REQUIRED PURSUANT TO SECTION 38-12-1106.22
	1132	+	38-12-1302. Mobile home rent-to-own contracts -23
	1133	+	requirements - terms - termination. (1) A
	1134	+	RENT-TO-OWN CONTRACT24
	1135	+	MUST BE IN WRITING AND SIGNED BY THE PURCHASER AND THE SELLER OF25
	1136	+	THE MOBILE HOME. A RENT-TO-OWN CONTRACT THAT IS NOT IN WRITING26
	1137	+	OR THAT IS NOT SIGNED BY BOTH THE PURCHASER AND THE SELLER IS NOT27
	1138	+	1294
	1139	+	-33- ENFORCEABLE BY EITHER PARTY .1
	1140	+	(2) A
	1141	+	RENT-TO-OWN CONTRACT MUST BE IN EITHER ENGLISH OR2
	1142	+	BOTH ENGLISH AND SPANISH, AS REQUESTED BY THE PURCHASER .3
	1143	+	(3) B
	1144	+	EFORE ENTERING INTO A RENT -TO-OWN CONTRACT, THE4
	1145	+	SELLER OF THE MOBILE HOME MUST PROVIDE THE PURCHASER WITH THE5
	1146	+	FOLLOWING:6
	1147	+	(a) P
	1148	+	ROOF OF THE SELLER'S OWNERSHIP OF THE MOBILE HOME ,7
	1149	+	INCLUDING A COPY OF THE SELLER'S VALID CERTIFICATE OF TITLE TO THE8
	1150	+	MOBILE HOME AND A DISCLOSURE OF ANY LIENS PLACED ON THE HOME ,
	1151	+	9
	1152	+	INCLUDING A COPY OF ANY LIENS, IF AVAILABLE; AND10
	1153	+	(b) A
	1154	+	DISCLOSURE THAT THE PURCHASER HAS THE RIGHT TO HAVE
	1155	+	11
	1156	+	THE MOBILE HOME PROFESSIONALLY APPRAISED AT THE BUYER 'S EXPENSE12
	1157	+	AND THAT THE SELLER SHALL MAKE REASONABLE EFFORTS TO MAKE THE13
	1158	+	MOBILE HOME AVAILABLE FOR APPRAISAL .14
	1159	+	(4) A
	1160	+	RENT-TO-OWN CONTRACT MUST CONTAIN THE FOLLOWING15
	1161	+	INFORMATION:16
	1162	+	(a) T
	1163	+	HE MANUFACTURER OF THE MOBILE HOME AND THE DATE OF17
	1164	+	MANUFACTURE;18
	1165	+	(b) T
	1166	+	HE VEHICLE IDENTIFICATION NUMBER OR OTHER IDENTIFYING19
	1167	+	NUMBER OF THE MOBILE HOME ;20
	1168	+	(c) T
	1169	+	HE MOBILE HOME PARK AND THE LOT NUMBER WITHIN THE21
	1170	+	MOBILE HOME PARK ON WHICH THE MOBILE HOME IS LOCATED ;22
	1171	+	(d) A
	1172	+	LIST OF FIXTURES THAT ARE INCLUDED IN OR EXCLUDED23
	1173	+	FROM THE PURCHASE OF THE MOBILE HOME ;24
	1174	+	(e) A
	1175	+	LIST OF IMPROVEMENTS TO THE MOBILE HOME THAT ARE25
	1176	+	INCLUDED IN OR EXCLUDED FROM THE PURCHASE ;26
	1177	+	(f) T
	1178	+	HE TERM OF THE RENT-TO-OWN CONTRACT;27
	1179	+	1294
	1180	+	-34- (g) THE TOTAL PURCHASE PRICE OF THE MOBILE HOME ;1
	1181	+	(h) T
	1182	+	HE NUMBER OF PURCHASE PAYMENTS THAT THE PURCHASER2
	1183	+	MUST MAKE UNDER THE RENT -TO-OWN CONTRACT AND THE AM OUNT OF3
	1184	+	EACH PAYMENT;4
16	1185
17		-	Be it enacted by the General Assembly of the State of Colorado:
18		-	SECTION 1. In Colorado Revised Statutes, 38-12-201.5, amend
19		-	the introductory portion, (1), (2), and (6); and add (1.5) as follows:
20		-	38-12-201.5. Definitions. As used in this part 2 and in part 11
21		-	PARTS
22		-	11 AND 14 of this article 12, unless the context otherwise requires:
23		-	(1) "Entry fee" means any fee paid to or received from an owner of
24		-	NOTE: This bill has been prepared for the signatures of the appropriate legislative
25		-	officers and the Governor. To determine whether the Governor has signed the bill
26		-	or taken other action on it, please consult the legislative status sheet, the legislative
27		-	history, or the Session Laws.
28		-	________
29		-	Capital letters or bold & italic numbers indicate new material added to existing law; dashes
30		-	through words or numbers indicate deletions from existing law and such material is not part of
31		-	the act. a mobile home park or an agent thereof except for:
32		-	(a) Rent;
33		-	(b) A security deposit to pay for actual damages to the premises or
34		-	to secure rental payments;
35		-	(c) Fees charged by any governmental agency of the state, a county,
36		-	a town, or a city;
37		-	(d) Utilities;
38		-	(e) Incidental reasonable charges for services actually performed by
39		-	the mobile home park owner or the mobile home park owner's agent and
40		-	agreed to in writing by the home owner;
41		-	(f) Late fees; and
42		-	(g) Membership fees paid to join a resident or home owner
43		-	cooperative that owns the mobile home park or other parks qualifying as
44		-	common interest communities pursuant to the "Colorado Common Interest
45		-	Ownership Act", article 33.3 of this title 38. "DIVISION" MEANS THE
46		-	DIVISION OF HOUSING IN THE DEPARTMENT OF LOCAL AFFAIRS
47		-	.
48		-	(1.5) "E
49		-	NTRY FEE" MEANS ANY FEE PAID TO OR RECEIVED FROM AN
50		-	OWNER OF A MOBILE HOME PARK OR AN AGENT THEREOF EXCEPT FOR
51		-	:
52		-	(a) R
53		-	ENT;
54		-	(b) A
55		-	SECURITY DEPOSIT TO PAY FOR ACTUAL DAMAGES TO THE
56		-	PREMISES OR TO SECURE RENTAL PAYMENTS
57		-	;
58		-	(c) F
59		-	EES CHARGED BY ANY GOVERNMENTAL AGENCY OF THE STATE ,
60		-	A COUNTY, A TOWN, OR A CITY;
61		-	(d) U
62		-	TILITIES;
63		-	(e) I
64		-	NCIDENTAL REASONABLE CHARGES FOR SERVICES ACTUALLY
65		-	PERFORMED BY THE MOBILE HOME PARK OWNER OR THE MOBILE HOME PARK
66		-	OWNER
67		-	'S AGENT AND AGREED TO IN WRITING BY THE HOME OWNER ;
68		-	PAGE 2-HOUSE BILL 24-1294 (f) LATE FEES; AND
69		-	(g) MEMBERSHIP FEES PAID TO JOIN A RESIDENT OR HOME OWNER
70		-	COOPERATIVE THAT OWNS THE MOBILE HOME PARK OR OTHER PARKS
71		-	QUALIFYING AS COMMON INTEREST COMMUNITIES PURSUANT TO THE
72		-	"COLORADO COMMON INTEREST OWNERSHIP ACT", ARTICLE 33.3 OF THIS
73		-	TITLE
74		-	38.
75		-	(2) "Home owner" means any person or family of a person who
76		-	owns a mobile home that is subject to a tenancy in a mobile home park
77		-	under a rental agreement. "H
78		-	OME OWNER" INCLUDES A RESIDENT WHO IS
79		-	UNDER A RENT
80		-	-TO-OWN CONTRACT PURSUANT TO PART 14 OF THIS ARTICLE
81		-	12 THAT HAS NOT BEEN TERMINATED .
82		-	(6) "Mobile home park" or "park" means a parcel of land used for
83		-	the continuous
84		-	accommodation of five or more occupied mobile homes and
85		-	operated for the pecuniary benefit of the owner of the parcel of land or the
86		-	owner's agents, lessees, or assignees FOR WHICH THE MANAGEMENT OR
87		-	LANDLORD HAS A RENTAL AGREEMENT WITH A TENANT FOR A MOBILE HOME
88		-	OR LOT OR IS RECEIVING RENT PAYMENTS FOR A MOBILE HOME OR LOT FROM
89		-	A TENANT OR A THIRD PARTY
90		-	. "Mobile home park" does not include mobile
91		-	home subdivisions or property zoned for manufactured home subdivisions.
92		-	For purposes of this definition, the parcel of land comprising the mobile
93		-	home park does not need to be contiguous, but must be in the same
94		-	neighborhood as determined by the division.
95		-	SECTION 2. In Colorado Revised Statutes, 38-12-203, amend
96		-	(1)(c) introductory portion as follows:
97		-	38-12-203. Reasons for termination. (1) The management of a
98		-	mobile home park may terminate a tenancy only for one or more of the
99		-	following reasons:
100		-	(c) Except in the case of a home owner who cures a noncompliance
101		-	as described in section 38-12-202 (3), failure of the home owner to comply
102		-	with written rules and regulations of the mobile home park that are
103		-	enforceable pursuant to section 38-12-214 (1)
104		-	SECTION 38-12-214, are
105		-	necessary to prevent material damage to real or personal property or to the
106		-	health or safety of one or more individuals, and were:
107		-	PAGE 3-HOUSE BILL 24-1294 SECTION 3. In Colorado Revised Statutes, 38-12-203.5, amend
108		-	(2) introductory portion as follows:
109		-	38-12-203.5. Change in use of the park - remedies for home
110		-	owners - definitions. (2) If a landlord intends to change the use of the land
111		-	comprising a mobile home park or part of a mobile home park
112		-	OR THE
113		-	MOBILE HOME PARK IS CONDEMNED FOR REASONS THAT ARE THE
114		-	RESPONSIBILITY OF THE PARK OWNER AND THE CHANGE IN USE OR
115		-	CONDEMNATION
116		-	would result in the displacement of one or more mobile
117		-	homes in the park, for each displaced mobile home, the landlord shall
118		-	provide the home owner or home owners one of the following at the home
119		-	owner's or home owners' choosing within thirty days of receiving a written
120		-	demand by the home owner or home owners:
121		-	SECTION 4. In Colorado Revised Statutes, 38-12-204, amend (1),
122		-	(2), (4) introductory portion, and (4)(c); and add (4)(e) as follows:
123		-	38-12-204. Nonpayment of rent - notice required for rent
124		-	increase - limitation on rent increases. (1) Any tenancy or other estate at
125		-	will or lease in a mobile home park may be terminated upon the landlord's
126		-	written notice to the home owner
127		-	PROVIDED PURSUANT TO SECTION
128		-	38-12-212.9 requiring, in the alternative, payment of rent or the removal of
129		-	the home owner's unit from the premises, within a period of not less than
130		-	ten days after the date notice is served or posted, for failure to pay rent
131		-	when due.
132		-	(2) Rent shall not be increased without sixty days' written notice to
133		-	the home owner
134		-	PROVIDED PURSUANT TO SECTION 38-12-212.9. In addition
135		-	to the amount and the effective date of the rent increase, such written notice
136		-	shall include the name, address, and telephone number of the mobile home
137		-	park management, if such management is a principal owner, or owner of the
138		-	mobile home park and, if the owner is other than a natural person, the name,
139		-	address, and telephone number of the owner's chief executive officer or
140		-	managing partner; except that such ownership information need not be
141		-	given if it was disclosed in the rental agreement made pursuant to section
142		-	38-12-213.
143		-	(4) A landlord shall not increase rent on a resident of a mobile home
144		-	park lot
145		-	OR ISSUE A NOTICE OF RENT INCREASE if the park:
146		-	PAGE 4-HOUSE BILL 24-1294 (c) (I) Has not fully complied with any final agency order issued by
147		-	the division of housing; or GOVERNMENT ORDER .
148		-	(II) A
149		-	S USED IN SUBSECTION (4)(c)(I) OF THIS SECTION,
150		-	"
151		-	GOVERNMENT ORDER " MEANS ANY FINAL FEDERAL , STATE, OR LOCAL
152		-	ADMINISTRATIVE ORDER OR JUDICIAL ORDER
153		-	.
154		-	(e) H
155		-	AS BEEN FOUND BY THE DIVISION IN A FINAL AGENCY ORDER OR
156		-	BY A COURT
157		-	, WITHIN THE TWELVE MONTHS PRIOR TO THE FINAL AGENCY OR
158		-	COURT ORDER
159		-	, TO HAVE FAILED TO COMPLY WITH A LANDLORD 'S
160		-	RESPONSIBILITIES PURSUANT TO SECTION
161		-	38-12-212.3. THIS SUBSECTION
162		-	(4)(e) SHALL NOT APPLY TO A NEGOTIATED SETTLEMENT THAT PRECEDES A
163		-	FINAL AGENCY OR COURT ORDER
164		-	.
165		-	SECTION 5. In Colorado Revised Statutes, 38-12-204.3, amend
166		-	(2) as follows:
167		-	38-12-204.3. Notice required for termination. (2) The notice
168		-	required under this section must be
169		-	PROVIDED PURSUANT TO SECTION
170		-	38-12-212.9 in at least ten-point
171		-	TWELVE-POINT type and must read as
172		-	follows:
173		-	IMPORTANT NOTICE TO THE HOME OWNER:
174		-	This notice and the accompanying notice to quit/notice of
175		-	nonpayment of rent are the first steps in the eviction process. Any dispute
176		-	you may have regarding the grounds for eviction should be addressed with
177		-	your landlord or the management of the mobile home park or in the courts
178		-	if an eviction action is filed. Please be advised that the "Mobile Home Park
179		-	Act", part 2 of article 12 of title 38, Colorado Revised Statutes, and the
180		-	"Mobile Home Park Act Dispute Resolution and Enforcement Program"
181		-	created in section 38-12-1104, Colorado Revised Statutes, may provide you
182		-	with legal protection.
183		-	NOTICE TO QUIT: In order to terminate a home owner's tenancy,
184		-	the landlord or management of a mobile home park must serve to a home
185		-	owner a notice to quit. The notice must be in writing and must contain
186		-	certain information, including:
187		-	• The grounds for the termination of the tenancy;
188		-	• Whether or not the home owner has a right to cure under
189		-	the "Mobile Home Park Act"; and
190		-	PAGE 5-HOUSE BILL 24-1294 • That the home owner has the option of mediation pursuant
191		-	to section 38-12-216, Colorado Revised Statutes, of the
192		-	"Mobile Home Park Act" and the option of filing a complaint
193		-	through the "Mobile Home Park Act Dispute Resolution and
194		-	Enforcement Program" created in section 38-12-1104,
195		-	Colorado Revised Statutes.
196		-	NOTICE OF NONPAYMENT OF RENT: In order to terminate a
197		-	home owner's tenancy due to nonpayment of rent, the landlord or
198		-	management of a mobile home park must serve to a home owner a notice
199		-	of nonpayment of rent. The notice must be in writing and must require that
200		-	the home owner either make payment of rent or sell the owner's unit or
201		-	remove it from the premises within a period of not less than ten days after
202		-	the date the notice is served or posted, for failure to pay rent when due.
203		-	CURE PERIODS: If the home owner has a right to cure under the
204		-	"Mobile Home Park Act", the landlord or management of a mobile home
205		-	park cannot terminate a home owner's tenancy without first providing the
206		-	home owner with a time period to cure the noncompliance. "Cure" refers to
207		-	a home owner remedying, fixing, or otherwise correcting the situation or
208		-	problem that made the tenancy subject to termination pursuant to sections
209		-	38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.
210		-	COMMENCEMENT OF LEGAL ACTION TO TERMINATE THE
211		-	TENANCY: After the last day of the applicable notice period required by
212		-	section 38-12-202 (1)(c), Colorado Revised Statutes, a legal action may be
213		-	commenced to take possession of the space leased by the home owner. In
214		-	order to evict a home owner, the landlord or management of the mobile
215		-	home park must prove:
216		-	• The landlord or management complied with the notice
217		-	requirements of the "Mobile Home Park Act";
218		-	• The landlord or management provided the home owner
219		-	with a statement of reasons for termination of the tenancy;
220		-	and
221		-	• The reasons for termination of the tenancy are true and
222		-	valid under the "Mobile Home Park Act".
223		-	To defend against an eviction action, a home owner must appear in
224		-	court. If the court rules in favor of the landlord or management of the
225		-	mobile home park, the home owner has not less than thirty days from the
226		-	PAGE 6-HOUSE BILL 24-1294 time of the ruling to either remove or sell the mobile home and to vacate the
227		-	premises. If the home owner wishes to extend such period beyond thirty
228		-	days but not more than sixty days from the date of the ruling, the home
229		-	owner shall prepay to the landlord an amount equal to a pro rata share of
230		-	rent for each day following the expiration of the initial thirty-day period
231		-	after the court's ruling that the mobile home owner will remain on the
232		-	premises. All prepayments shall be paid no later than thirty days after the
233		-	court ruling. This section does not preclude earlier removal by law
234		-	enforcement officers of a mobile home or one or more mobile home owners
235		-	or occupants from the mobile home park if a mobile home owner violates
236		-	article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18 or section 16-13-303, Colorado
237		-	Revised Statutes.
238		-	SECTION 6. In Colorado Revised Statutes, add 38-12-204.5 as
239		-	follows:
240		-	38-12-204.5. Eviction for rule violation - stay of eviction
241		-	proceeding - rules challenge. I
242		-	F A RESIDENT IS A DEFENDANT IN A FORCIBLE
243		-	ENTRY AND DETAINER COMPLAINT FILED IN EITHER COUNTY OR DISTRICT
244		-	COURT
245		-	, AND THE RESIDENT HAS ALSO SUBMITTED A PENDING COMPLAINT
246		-	THROUGH THE
247		-	"MOBILE HOME PARK ACT DISPUTE RESOLUTION AND
248		-	ENFORCEMENT PROGRAM", CREATED IN SECTION 38-12-1104, THAT IS
249		-	RELATED TO THE FORCIBLE ENTRY AND DETAINER ACTION
250		-	, THE RESIDENT
251		-	MAY PROVIDE A COPY OF THEIR ADMINISTRATIVE COMPLAINT TO THE
252		-	APPROPRIATE COURT OF JURISDICTION
253		-	. UPON RECEIVING CONFIRMATION OF
254		-	THE PENDING ADMINISTRATIVE COMPLAINT
255		-	, THE COURT SHALL
256		-	AUTOMATICALLY STAY ANY HEARING ON THE FORCIBLE ENTRY AND
257		-	DETAINER COMPLAINT FOR AT LEAST TWENTY
258		-	-ONE CALENDAR DAYS, DURING
259		-	WHICH THE DIVISION IS ENCOURAGED TO REVIEW AND CONDUCT AN INITIAL
260		-	ASSESSMENT OF THE COMPLAINT
261		-	. THE COURT AT ITS DISCRETION MAY STAY
262		-	THE FORCIBLE ENTRY AND DETAINER COMPLAINT FOR LONGER THAN
263		-	TWENTY
264		-	-ONE CALENDAR DAYS TO ALLOW FOR APPROPRIATE INVESTIGATION
265		-	AND ADJUDICATION OF THE PENDING ADMINISTRATIVE COMPLAINT
266		-	. THE
267		-	RESIDENT SHALL ALSO MAKE REASONABLE EFFORTS TO INFORM
268		-	ADMINISTRATORS OF THE DISPUTE RESOLUTION PROGRAM OF THE PENDING
269		-	FORCIBLE ENTRY AND DETAINER ACTION
270		-	, FOR THE DISPUTE RESOLUTION
271		-	PROGRAM TO PRIORITIZE EXPEDIENT RESOLUTION OF THE PENDING
272		-	ADMINISTRATIVE COMPLAINT
273		-	. THIS SECTION DOES NOT APPLY TO EVICTIONS
274		-	FILED PURSUANT TO SECTION
275		-	38-12-203(1)(f).
276		-	PAGE 7-HOUSE BILL 24-1294 SECTION 7. In Colorado Revised Statutes, 38-12-206, amend (3)
277		-	as follows:
278		-	38-12-206. Home owner meetings - assembly in common areas
279		-	- meeting hosted by landlord. (3) If requested by a home owner or
280		-	resident, the landlord of a mobile home park shall, within thirty days of
281		-	receiving the request, host and attend a free, public, accessible meeting for
282		-	residents of the park; except that a landlord is not required to host and
283		-	attend more than two meetings in a calendar year. Notice of the date, time,
284		-	and location of the meeting must be posted in both
285		-	English, and Spanish,
286		-	AND ANY OTHER LANGUAGE REASONABLY KNOWN TO BE SPOKEN BY MORE
287		-	THAN ONE RESIDENT IN THE PARK
288		-	in a clearly visible location in common
289		-	areas of the mobile home park, including any community hall or recreation
290		-	hall, for a period of seven days before the meeting and must be provided by
291		-	mail at least fourteen days before the meeting to each home owners'
292		-	association, residents' association, or similar body that represents the
293		-	residents of the park. In addition to mailing the notice as required by this
294		-	section, the landlord shall provide notice of the meeting by e-mail to each
295		-	home owner and resident who has an e-mail address on file with the
296		-	landlord. U
297		-	PON THE REASONABLE REQUEST OF A HOME OWNER OR RESIDENT
298		-	THAT IS MADE AT LEAST SEVEN DAYS BEFORE THE SCHEDULED MEETING
299		-	, A
300		-	LANDLORD SHALL PROVIDE AN INTERPRETER FOR ANY MEETING THAT IS
301		-	HELD PURSUANT TO THIS SECTION PURSUANT TO SECTION
302		-	38-12-212.9. IF AN
303		-	INTERPRETER IS PROVIDED
304		-	, THE LANDLORD SHALL PROVIDE ANY DOCUMENTS
305		-	OR MATERIALS FOR THE MEETING PURSUANT TO SECTION
306		-	38-12-212.9. THE
307		-	LANDLORD SHALL BEAR THE COSTS OF PROVIDING THE INTERPRETER AND FOR
308		-	TRANSLATING ANY DOCUMENTS OR MATERIALS PROVIDED FOR THE M EETING
309		-	.
310		-	A
311		-	LANDLORD MAY USE A VIRTUAL LANGUAGE LINE OR OTHER MEANS OF
312		-	PROVIDING LIVE INTERPRETATION VIRTUALLY OR ONLINE TO SATISFY THE
313		-	REQUIREMENTS OF THIS SECTION
314		-	. THE DIVISION IS ENCOURAGED TO PUBLISH
315		-	A LIST OF AVAILABLE VIRTUAL
316		-	, ONLINE, AND REMOTE INTERPRETATION
317		-	SERVICES THAT ARE OFFERED BY TRAINED INTERPRETERS
318		-	.
319		-	SECTION 8. In Colorado Revised Statutes, 38-12-209, add (5) as
320		-	follows:
321		-	38-12-209. Fees prohibited. (5) A
322		-	LANDLORD SHALL NOT CHARGE
323		-	A RESIDENT OR A HOME OWNER ANY FEE
324		-	, PENALTY, OR ANY OTHER COST FOR
325		-	REFUSING TO SIGN A NEW LEASE OR FOR RESIDING UNDER A
326		-	MONTH
327		-	-TO-MONTH OR OTHER PERIODIC TENANCY .
328		-	PAGE 8-HOUSE BILL 24-1294 SECTION 9. In Colorado Revised Statutes, 38-12-212.3, amend
329		-	(1)(a)(III)(C), (1)(b)(II), and (2)(b)(II); and add (1)(d) and (5.5) as follows:
330		-	38-12-212.3. Responsibilities of landlord - acts prohibited.
331		-	(1) (a) Except as otherwise provided in this section:
332		-	(III) A landlord shall ensure that:
333		-	(C) Running water and reasonable amounts of water are furnished
334		-	at all times to each utility pedestal or pad space; except that a landlord need
335		-	not satisfy the conditions described in this subsection (1)(a)(III)(C) if a
336		-	mobile home is individually metered and the tenant occupying the mobile
337		-	home fails to pay for water services; the local government in which the
338		-	mobile home park is situated shuts off water service to a mobile home for
339		-	any reason;
340		-	A THIRD-PARTY WATER PROVIDER SHUTS OFF WATER FOR THE
341		-	MOBILE HOME PARK FOR ANY REASON THAT IS UNRELATED TO THE
342		-	LANDLORD
343		-	'S ACTIONS OR INACTIONS ; weather conditions present a
344		-	likelihood that water pipes will freeze, water pipes to a mobile home are
345		-	wrapped in heated pipe tape, and the utility company has shut off electrical
346		-	service to a mobile home for any reason or the heat tape malfunctions for
347		-	any reason; running water is not available for any other reason outside the
348		-	landlord's control to prevent through reasonable and timely maintenance; or
349		-	the landlord is making repairs or improvements to the items described in
350		-	subsection (1)(a)(II) of this section, the landlord has provided reasonable
351		-	advance notice to the mobile home residents of a service disruption that is
352		-	required in connection with the repairs or improvements, and the service
353		-	disruption continues for no longer than twenty-four hours.
354		-	(b) If a landlord fails to maintain or repair the items described in
355		-	subsection (1)(a)(II) or (2)(b) of this section:
356		-	(II) The landlord is responsible for and shall pay the cost of
357		-	providing alternative sources of potable water
358		-	REASONABLY SUFFICIENT FOR
359		-	DRINKING AND COOKING NO LATER THAN TWELVE HOURS AFTER A SERVICE
360		-	DISRUPTION BEGINS
361		-	, AND REASONABLY SUFFICIENT FOR BATHING AND ALL
362		-	OTHER ESSENTIAL HYGIENE FOR ALL MEMBERS OF THE HOUSEHOLD NO LATER
363		-	THAN SEVENTY
364		-	-TWO HOURS AFTER A SERVICE DISRUPTION BEGINS , and FOR
365		-	maintaining portable toilets which portable toilets THAT are located
366		-	reasonably near affected mobile homes in a manner that renders them
367		-	accessible to people with disabilities, no later than twelve hours after the
368		-	PAGE 9-HOUSE BILL 24-1294 service disruption begins, unless conditions beyond the landlord's control
369		-	REASONABLY prevent compliance with this subsection (1)(b)(II); and
	1186	+	5
	1187	+	(i) THE FEE, IF ANY, THAT THE PURCHASER MUST PAY AS6
	1188	+	CONSIDERATION FOR THE RENT -TO-OWN OPTION. IF AN OPTION FEE IS7
	1189	+	REQUIRED, THE AMOUNT OF THE FEE SHALL NOT EXCEED THE COST TO8
	1190	+	TRANSFER THE TITLE OF THE MOBILE HOME IN THE COUNTY IN WHICH THE9
	1191	+	MOBILE HOME IS LOCATED; AND10
	1192	+	(j) A SEPARATE TERM LISTING THE AMOUNT OF RENT TO BE PAID11
	1193	+	EACH MONTH FOR THE MOBILE HOME THAT IS IN ADDITION TO THE12
	1194	+	PURCHASE PAYMENT.13
	1195	+	(5) B
	1196	+	EFORE ENTERING INTO A RENT -TO-OWN CONTRACT, THE14
	1197	+	PURCHASER HAS THE RIGHT TO INSPECT THE MOBILE HOME AND TO HAVE15
	1198	+	THE MOBILE HOME PROFESSIONALLY INSPECTED AT THE PURCHASER 'S16
	1199	+	EXPENSE. THE PURCHASER ALSO HAS THE RIGHT TO HAVE THE MOBILE
	1200	+	17
	1201	+	HOME PROFESSIONALLY APPRAISED AT THE PURCHASER 'S EXPENSE. THE18
	1202	+	SELLER SHALL MAKE REASONABLE EFFORTS TO MAKE THE MOBILE HOME19
	1203	+	AVAILABLE FOR INSPECTION OR APPRAISAL .20
	1204	+	21
	1205	+	(6) AT ANY TIME DURING THE TERM OF THE RENT -TO-OWN22
	1206	+	CONTRACT, THE PURCHASER MAY PAY ADDITIONAL AMOUNTS TOWARDS23
	1207	+	THE BALANCE OWED ON THE TOTAL PURCHASE PRICE OF THE MOBILE24
	1208	+	HOME, INCLUDING PAYING THE BALANCE IN FULL , WITHOUT INCURRING25
	1209	+	ANY PENALTY.26
	1210	+	(7) (a) THE PURCHASER IN ANY RENT-TO-OWN CONTRACT HAS THE27
	1211	+	1294
	1212	+	-35- RIGHT TO TERMINATE THE CONTRACT BEFORE THE END OF THE TERM OF1
	1213	+	THE CONTRACT. TO EXERCISE THE RIGHT TO TERMINATE THE CONTRACT ,2
	1214	+	THE PURCHASER MUST GIVE THE SELLER AT LEAST THIRTY DAYS ' WRITTEN3
	1215	+	NOTICE OF THE PURCHASER'S INTENT TO TERMINATE THE RENT-TO-OWN4
	1216	+	CONTRACT. AT THE CONCLUSION OF THE THIRTY DAYS ' NOTICE TO5
	1217	+	TERMINATE, THE SELLER MUST RETURN TO THE PURCHASER ALL PURCHASE6
	1218	+	PAYMENTS MADE BY THE PURCHASER REDUCED BY ANY THEN -OWED RENT7
	1219	+	UNDER THE CONTRACT.8
	1220	+	(b) I
	1221	+	F THE PURCHASER OF THE MOBILE HOME TERMINATES THE9
	1222	+	RENT-TO-OWN CONTRACT, THE TERMINATION SHALL NOT AFFECT ANY10
	1223	+	MOBILE HOME LEASE AGREED ON BY THE PURCHASER AND THE SELLER OF11
	1224	+	THE MOBILE HOME. ANY MOBILE HOME LEASE REMAINS IN FULL FORCE12
	1225	+	AND EFFECT AND MAY ONLY BE TERMINATED PURSUANT TO APPLICABLE13
	1226	+	LANDLORD-TENANT LAW.14
	1227	+	(8)
	1228	+	(a) THE SELLER OF A MOBILE HOME MAY TERMINATE A15
	1229	+	RENT-TO-OWN CONTRACT ONLY FOR ONE OF THE FOLLOWING REASONS :16
	1230	+	(I) T
	1231	+	HE PURCHASER OF THE MOBILE HOME FAILED TO TIMELY MAKE17
	1232	+	A PURCHASE
	1233	+	PAYMENT UNDER THE RENT -TO-OWN CONTRACT, THE18
	1234	+	SELLER HAS GIVEN THE PURCHASER WRITTEN NOTICE OF THE FAILURE TO19
	1235	+	PAY, AND THE PURCHASER HAS NOT CURED THE PAYMENT DEFICIT WITHIN20
	1236	+	THIRTY DAYS OF RECEIVING WRITTEN NOTICE ; OR21
	1237	+	(II) T
	1238	+	HE PURCHASER COMMITTED AN ACTION RELATED TO THE22
	1239	+	MOBILE HOME PURCHASER 'S MOBILE HOME LEASE THAT LED TO A VALID23
	1240	+	AND EXECUTED WRIT OF RESTITUTION .24
	1241	+	(b) I
	1242	+	F THE SELLER OF A MOBILE HOME TERMINATES A25
	1243	+	RENT-TO-OWN CONTRACT PURSUANT TO THIS SUBSECTION (8),
	1244	+	THE SELLER26
	1245	+	SHALL RETURN TO THE PURCHASER ALL PURCHASE PAYMENTS MADE BY27
	1246	+	1294
	1247	+	-36- THE PURCHASER NO LATER THAN TEN CALENDAR DAYS AFTER THE1
	1248	+	RENT-TO-OWN CONTRACT TERMINATES . IF THE PURCHASER OWES ANY2
	1249	+	RENT TO THE SELLER, THE SELLER MAY REDUCE THE RETURNED PURCHASE3
	1250	+	PAYMENT BY THE AMOUNT OF RENT THE PURCHASER OWES TO THE SELLER .4
	1251	+	(c) I
	1252	+	F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE5
	1253	+	RENT-TO-OWN CONTRACT BECAUSE THE MOBILE HOME BECOMES6
	1254	+	ENCUMBERED AS A RESULT OF LEGAL ACTIONS TAKEN AGAINST THE7
	1255	+	SELLER, THEN THE SELLER SHALL PROVIDE THE PURCHASER WITH PROOF OF8
	1256	+	THE ENCUMBRANCE AND SHALL RETURN TO THE PURCHASER ALL9
	1257	+	PURCHASE
	1258	+	PAYMENTS MADE BY THE PURCHASER WITHIN TEN10
	1259	+	CALENDAR DAYS OF THE DATE THAT THE SELLER KNEW OR REASONABLY11
	1260	+	SHOULD HAVE KNOWN THAT IT WOULD NOT BE POSSIBLE TO COMPLY WITH12
	1261	+	THE RENT-TO-OWN CONTRACT.13
370	1262		(d) I
371		-	N ADDITION TO THE REQUIREMENTS OF SUBSECTION (1)(b) OF
372		-	THIS SECTION
373		-	, A LANDLORD MUST ALSO PROVIDE A RESIDENT WITH POTABLE
374		-	WATER REASONABLY SUFFICIENT FOR DRINKING
375		-	, COOKING, BATHING, AND
376		-	ALL OTHER ESSENTIAL HYGIENE WITHIN THE TIME FRAMES SPECIFIED IN
377		-	SUBSECTION
378		-	(1)(b)(II) OF THIS SECTION IF THE MOBILE HOME PARK OR THE
379		-	RESIDENT OR HOME OWNER
380		-	'S LOT IN THE PARK IS SUBJECT TO A BOIL WATER
381		-	ADVISORY THAT WAS CAUSED DUE TO MAINTENANCE OR REPAIRS TO THE
382		-	PARK PERFORMED OR ORDERED BY A PARK OWNER OR A PARK OWNER
383		-	'S
384		-	AGENT OR CONTRACTOR UNTIL THE ADVISORY HAS BEEN RESCINDED BY THE
385		-	ISSUING AGENCY
386		-	. A LANDLORD SHALL ALSO PROVIDE A NOTICE , POSTED IN
387		-	A CONSPICUOUS PLACE ON EACH MOBILE HOME LOT IN BOTH
388		-	ENGLISH AND
389		-	SPANISH, OF A BOIL WATER ADVISORY AS SOON AS POSSIBLE BUT NOT LATER
390		-	THAN TWENTY
391		-	-FOUR HOURS AFTER THE LANDLORD RECEIVES THE BOIL
392		-	WATER ADVISORY
393		-	. NOTICES THAT ARE REQUIRED TO BE REISSUED MUST
394		-	ALSO BE POSTED IN COMPLIANCE WITH THIS SUBSECTION
395		-	(1)(d).
396		-	(2) In addition to the responsibilities described in subsection (1)(a)
397		-	of this section, a landlord is responsible for:
398		-	(b) The premises, including:
399		-	(II) Maintaining roads,
400		-	EXISTING OR CONSTRUCTED SIDEWALKS, and
401		-	other pavement owned by the landlord in a passable, safe condition that is
402		-	sufficient to provide access for residents' vehicles, emergency vehicles, vans
403		-	providing transportation services to persons who are elderly or disabled, and
404		-	school buses, if applicable, which maintenance includes snow removal,
405		-	ensuring adequate drainage, and maintaining pavement above water lines,
406		-	AND SNOW REMOVAL FOR ALL ROADWAYS AND FOR ALL PEDESTRIAN
407		-	SIDEWALKS AND OTHER PAVEMENTS THAT PROVIDE ACCESS TO MAILBOXES
408		-	,
409		-	PUBLIC NOTICE AREAS, AND PUBLIC BUILDINGS;
410		-	(5.5) A
411		-	LANDLORD SHALL ESTABLISH A UNIQUE MAILING ADDRESS
412		-	AND MAILBOX FOR EACH MOBILE HOME PARK LOT TO PROVIDE ACCESS TO
413		-	UNITED STATES MAIL SERVICE AND SHALL INCLUDE THE MAILING ADDRESS
414		-	IN THE RENTAL AGREEMENT
415		-	. THE MAILBOXES PROVIDED UNDER THIS
416		-	SECTION MAY BE LOCATED IN ONE OR MORE COMMON AREAS LOCATED
417		-	WITHIN THE PARK OR ON INDIVIDUAL LOTS
418		-	. THE REQUIREMENTS OF THIS
419		-	PAGE 10-HOUSE BILL 24-1294 SUBSECTION (5.5) DO NOT APPLY IF UNITED STATES MAIL SERVICE IS NOT
420		-	AVAILABLE IN THE GEOGRAPHIC AREA WHERE THE PARK IS LOCATED
421		-	.
422		-	SECTION 10. In Colorado Revised Statutes, 38-12-212.5, amend
423		-	(2)(e) and (2)(f); and add (2)(g) as follows:
424		-	38-12-212.5. Prohibition on retaliation and harassment -
425		-	definition. (2) Except as described in subsection (3) of this section, in an
426		-	action or administrative proceeding by or against a home owner or resident,
427		-	the management's action is presumed to be retaliatory if, within the one
428		-	hundred twenty days preceding the management's action, the home owner
429		-	or resident:
430		-	(e) Participated in a vote or decision-making process concerning the
431		-	opportunity to purchase the mobile home park pursuant to section
432		-	38-12-217; or
433		-	(f) Filed a water quality complaint or requested remediation to
434		-	address a water quality issue under part 10 of article 8 of title 25;
435		-	OR
436		-	(g) REQUESTED THAT THE LANDLORD PROVIDE COMMUNICATIONS
437		-	REQUIRED IN THIS PART
438		-	2 OR PART 11 OR 14 OF THIS ARTICLE 12 IN A
439		-	LANGUAGE OTHER THAN
440		-	ENGLISH.
441		-	SECTION 11. In Colorado Revised Statutes, add 38-12-212.9 as
442		-	follows:
443		-	38-12-212.9. Language access requirements. (1) E
444		-	XCEPT AS
445		-	OTHERWISE PROVIDED IN THIS PART
446		-	2 OR PART 11 OR 14 OF THIS ARTICLE 12,
447		-	A LANDLORD SHALL PROVIDE ANY NOTICE , DISCLOSURE, OR OTHER
448		-	COMMUNICATION THAT A LANDLORD IS REQUIRED TO PROVIDE TO A
449		-	RESIDENT PURSUANT TO THIS PART
450		-	2 OR PART 11 OR 14 OF THIS ARTICLE 12,
451		-	IN ENGLISH AND SPANISH. AT ANY TIME, A RESIDENT MAY REQUEST THAT A
452		-	LANDLORD PROVIDE A NOTICE
453		-	, DISCLOSURE, OR OTHER COMMUNICATION IN
454		-	ONE ADDITIONAL LANGUAGE
455		-	, OTHER THAN ENGLISH OR SPANISH, SPOKEN BY
456		-	THE RESIDENT
457		-	. IF A LANDLORD RECEIVES A REQUEST TO PROVIDE A NOTICE ,
458		-	DISCLOSURE, OR COMMUNICATION IN ONE ADDITIONAL LANGUAGE OTHER
459		-	THAN
460		-	ENGLISH OR SPANISH, THE LANDLORD SHALL PROVIDE ANY
461		-	SUBSEQUENT NOTICES
462		-	, DISCLOSURES, OR COMMUNICATIONS REQUIRED
463		-	PURSUANT TO THIS PART
464		-	2 OR PART 11 OR 14 OF THIS ARTICLE 12 TO THE
465		-	PAGE 11-HOUSE BILL 24-1294 RESIDENT IN THE REQUESTED LANGUAGE . A LANDLORD MAY PROVIDE A
466		-	TRANSLATION PURSUANT TO THIS SECTION VIRTUALLY OR THR OUGH THE USE
467		-	OF AN ONLINE TRANSLATION PROGRAM
468		-	, INCLUDING PROGRAMS THAT MAY BE
469		-	PUBLISHED BY THE DIVISION
470		-	, SO LONG AS THE TRANSLATED WRITTEN NOTICE ,
471		-	DISCLOSURE, OR COMMUNICATION SATISFIES ALL APPLICABLE LEGAL
472		-	REQUIREMENTS
473		-	.
474		-	(2) A
475		-	T ANY TIME, A RESIDENT MAY REQUEST THAT A LANDLORD
476		-	PROVIDE A WRITTEN NOTICE
477		-	, DISCLOSURE, OR OTHER COMMUNICATION
478		-	VERBALLY IN
479		-	ENGLISH ONE TIME TO THE RESIDENT IN ADDITION TO
480		-	PROVIDING THE RESIDENT WITH A WRITTEN NOTICE
481		-	, DISCLOSURE, OR OTHER
482		-	COMMUNICATION
483		-	. IF THE LANDLORD RECEIVES A REQUEST TO PROVIDE A
484		-	NOTICE
485		-	, DISCLOSURE, OR OTHER COMMUNICATION VERBALLY , THE
486		-	LANDLORD SHALL READ THE NOTICE
487		-	, DISCLOSURE, OR OTHER
488		-	COMMUNICATION ALOUD TO THE RESIDENT WITHIN SEVENTY
489		-	-TWO HOURS OF
490		-	THE RESIDENT MAKING THE REQUEST
491		-	. TO SATISFY THE REQUIREMENT OF THIS
492		-	SUBSECTION
493		-	(2), A LANDLORD MAY ALSO PROVIDE AN AUDIO OR VIDEO
494		-	RECORDING OF THE NOTICE
495		-	, DISCLOSURE, OR OTHER COMMUNICATION BEING
496		-	READ ALOUD
497		-	.
498		-	(3) A
499		-	LANDLORD SHALL ENSURE THAT ANY NOTICE , DISCLOSURE, OR
500		-	OTHER COMMUNICATION REQUIRED PURSUANT TO THIS PART
501		-	2 OR PART 11
502		-	OR 14 OF THIS ARTICLE 12 IS WRITTEN IN CLEAR AND PLAIN LANGUAGE AND
503		-	INCLUDES ALL INFORMATION REASONABLY NECESSARY FOR THE RESIDENT
504		-	TO UNDERSTAND THE RESIDENT
505		-	'S RIGHTS AND RESPONSIBILITIES . A
506		-	TRANSLATED NOTICE, DISCLOSURE, OR OTHER COMMUNICATION MUST
507		-	ACCURATELY CONVEY THE MEANING OF THE ORIGINAL
508		-	ENGLISH NOTICE,
509		-	DISCLOSURE, OR OTHER COMMUNICATION . EACH NOTICE, DISCLOSURE, OR
510		-	OTHER COMMUNICATION
511		-	, REGARDLESS OF THE LANGUAGE , MUST BE CLEAR
512		-	AND UNAMBIGUOUS TO ENSURE THAT IT IS EASILY UNDERSTOOD BY ALL
513		-	PARK RESIDENTS
514		-	. A LANDLORD SHALL MAKE REASONABLE EFFORTS TO
515		-	PROVIDE A NOTICE
516		-	, DISCLOSURE, OR OTHER COMMUNICATION IN THE
517		-	SIMPLEST LANGUAGE PRACTICABLE TO CONVEY THE REQUIRED MESSAGE
518		-	.
519		-	(4) A
520		-	RESIDENT MAY RESPOND IN ENGLISH OR SPANISH TO ANY
521		-	NOTICE
522		-	, DISCLOSURE, OR OTHER COMMUNICATION PROVIDED BY A
523		-	LANDLORD
524		-	. A RESIDENT WHO HAS REQUESTED THAT A LANDLORD PROVIDE
525		-	A NOTICE
526		-	, DISCLOSURE, OR OTHER COMMUNICATION IN A LANGUAGE OTHER
527		-	THAN
528		-	ENGLISH OR SPANISH MAY RESPOND TO THE NOTICE, DISCLOSURE, OR
529		-	OTHER COMMUNICATION IN THE REQUESTED LANGUAGE
530		-	.
531		-	PAGE 12-HOUSE BILL 24-1294 (5) A RESIDENT MAY REQUEST THAT A LANDLORD PROVIDE AN
532		-	INTERPRETER IN ONE LANGUAGE IN ADDITION TO
533		-	ENGLISH AND SPANISH
534		-	THAT THE RESIDENT USES FOR ANY NON
535		-	-WRITTEN NOTICE, DISCLOSURE, OR
536		-	OTHER COMMUNICATION WITH RESIDENTS
537		-	, INCLUDING IN A MEETING
538		-	REQUIRED PURSUANT TO SECTION
539		-	38-12-206. A LANDLORD SHALL PROVIDE
540		-	AN INTERPRETER IN THE REQUESTED LANGUAGE AND MAY PROVIDE THE
541		-	INTERPRETATION IN PERSON OR VIRTUALLY THROUGH AN INTERPRETATION
542		-	SERVICE
543		-	, INCLUDING A VIRTUAL OR REMOTE LANGUAGE LINE THAT PROVIDES
544		-	LIVE INTERPRETATION BY A TRAINED INTERPRETER
545		-	. NON-WRITTEN
546		-	LANGUAGE INCLUDES
547		-	AMERICAN SIGN LANGUAGE.
548		-	SECTION 12. In Colorado Revised Statutes, 38-12-213, amend (1)
549		-	introductory portion as follows:
550		-	38-12-213. Rental agreement - disclosure of terms in writing -
551		-	prohibited provisions. (1) The management shall adequately disclose the
552		-	terms and conditions of a tenancy in writing in a rental agreement
553		-	IN
554		-	ENGLISH, OR UPON REQUEST IN BOTH ENGLISH AND SPANISH, to any
555		-	prospective home owner before the rental or occupancy of a mobile home
556		-	space or lot. The disclosures must include:
557		-	SECTION 13. In Colorado Revised Statutes, 38-12-214, amend (1)
558		-	introductory portion, (1)(e), (2.5), (2.7)(a)(II), and (3)(a); repeal and
559		-	reenact, with amendments, (2); and add (2.7)(c) as follows:
560		-	38-12-214. Rules and regulations - amendments - notice -
561		-	complaints. (1) The management shall adopt written rules and regulations
562		-	concerning residents' or home owners' use and occupancy of the premises.
563		-	T
564		-	HE MANAGEMENT SHALL PROVIDE A RESIDENT OR HOME OWNER WITH A
565		-	WRITTEN COPY OF THE ADOPTED RULES AND REGULATIONS IN
566		-	ENGLISH AND
567		-	SPANISH. Except as otherwise provided in this section, such rules and
568		-	regulations are enforceable against a resident or home owner only if:
569		-	(e) They are established in the rental agreement at the inception of
570		-	the tenancy, amended subsequently with the written consent of the home
571		-	owner, or, except as described in subsection (2) of this section, amended
572		-	subsequently without the written consent of the home owner after the
573		-	management has provided written notice,
574		-	IN BOTH ENGLISH AND SPANISH,
575		-	of the amendments to the home owner
576		-	IN A COMMON AREA AND IN A
577		-	CONSPICUOUS PLACE ON EACH HOME OWNER
578		-	'S MOBILE HOME LOT at least
579		-	PAGE 13-HOUSE BILL 24-1294 sixty days before the amendments become effective, and, if applicable,
580		-	enforced in compliance with subsection (3) of this section.
581		-	(2) (a) W
582		-	HEN A MOBILE HOME OR ANY ACCESSORY BUILDING OR
583		-	STRUCTURE IS OWNED BY A PERSON OTHER THAN THE OWNER OF THE MOBILE
584		-	HOME PARK IN WHICH THE MOBILE HOME IS LOCATED
585		-	, THE MOBILE HOME
586		-	AND THE ACCESSORY BUILDING OR STRUCTURE ARE EACH A SEPARATE UNIT
587		-	OF OWNERSHIP
588		-	. THE ACCESSORY BUILDING OR STRUCTURE ARE EACH
589		-	PRESUMED TO BE OWNED BY THE OWNER OF THE MOBILE HOME UNLESS
590		-	THERE IS A WRITTEN AGREEMENT ESTABLISHING OWNERSHIP BY ANOTHER
591		-	PERSON
592		-	.
593		-	(b) I
594		-	F A RULE OR REGULATION REQUIRES A HOME OWNER TO INCUR
595		-	A COST OR IMPOSES RESTRICTIONS OR REQUIREMENTS ON THE HOME OWNER
596		-	'S
597		-	RIGHT TO CONTROL WHAT HAPPENS IN OR TO THE MOBILE HOME OR ANY
598		-	ACCESSORY BUILDING OR STRUCTURE
599		-	, THE RULE OR REGULATION IS
600		-	PRESUMED UNREASONABLE PURSUANT TO SUBSECTION
601		-	(1)(c) OF THIS
602		-	SECTION UNLESS MANAGEMENT DEMONSTRATES THAT THE RULE OR
603		-	REGULATION
604		-	:
605		-	(I) I
606		-	S STRICTLY NECESSARY TO PROTECT THE HEALTH AND SAFETY OF
607		-	PARK RESIDENTS AND THE RULE OR REGULATION PROVIDES THE PROTECTION
608		-	AT THE LOWEST EXPENSE TO HOME OWNERS AS IS REASONABLY POSSIBLE
609		-	;
610		-	(II) I
611		-	S STRICTLY NECESSARY TO COMPLY WITH OR ENFORCE A
612		-	FEDERAL
613		-	, STATE, OR LOCAL GOVERNMENT REQUIREMENT , INCLUDING LOCAL
614		-	NUISANCE LAWS ENFORCED FOR THE WELFARE OF OTHER RESIDENTS
615		-	;
616		-	(III) I
617		-	S VOLUNTARILY AGREED TO BY THE HOME OWNER , WITHOUT
618		-	COERCION OR MISREPRESENTATION BY MANAGEMENT
619		-	, IN WHICH CASE THE
620		-	RULE OR REGULATION IS ONLY BINDING UPON HOME OWNERS WHO HAVE
621		-	COMMUNICATED THEIR WRITTEN CONSENT TO THE RULE OR REGULATION
622		-	; OR
623		-	(IV) IN A MOBILE HOME PARK MANAGED BY HOME OWNERS , WAS
624		-	ESTABLISHED BY THE MANAGING HOME OWNER OR GANIZATION IN
625		-	ACCORDANCE WITH THE ORGANIZATION
626		-	'S BYLAWS AND MORE THAN FIFTY
627		-	PERCENT OF THE HOME OWNERS ARE MEMBERS OF THE ORGANIZATION
628		-	.
629		-	(c) (I) R
630		-	ULES OR REGULATIONS THAT IMPOSE RESTRICTIONS OR
631		-	REQUIREMENTS ON THE HOME OWNER
632		-	'S RIGHT TO CONTROL WHAT HAPPENS
633		-	PAGE 14-HOUSE BILL 24-1294 IN OR TO A HOME OWNER'S MOBILE HOME OR ANY ACCESSORY BUILDING OR
634		-	STRUCTURE INCLUDE
635		-	, BUT ARE NOT LIMITED TO , THOSE THAT IMPOSE
636		-	REQUIREMENTS RELATED TO THE FOLLOWING
637		-	:
638		-	(A) T
639		-	HE STRUCTURE AND APPEARANCE OF THE MOBILE HOME ,
640		-	BUILDING, OR STRUCTURE, INCLUDING RULES OR REGULATIONS REQUIRING
641		-	AESTHETIC IMPROVEMENTS
642		-	;
643		-	(B) W
644		-	HO MAY VISIT THE MOBILE HOME, BUILDING, OR STRUCTURE,
645		-	OR WHO MAY RESIDE AT THE MOBILE HOME ;
646		-	(C) L
647		-	AWFUL ACTIVITIES TAKING PLACE IN THE MOBILE HOME ,
648		-	BUILDING, OR STRUCTURE; AND
649		-	(D) RESIDENT OCCUPANCY LIMITS THAT ARE STRICTER THAN
650		-	APPLICABLE FEDERAL
651		-	, STATE, AND LOCAL OCCUPANCY LAWS .
652		-	(II) T
653		-	HIS SUBSECTION (2)(c) DOES NOT PRECLUDE A LANDLORD FROM
654		-	CONDUCTING ANY LAWFUL SCREENING OF A RENTAL APPLICATION
655		-	.
656		-	(d) B
657		-	EGINNING ON THE EFFECTIVE DATE OF THIS SUBSECTION (2),
658		-	ANY NOTICE TO QUIT SERVED PURS UANT TO SECTION 38-12-204.3 OR ANY
659		-	COMPLAINT TO TERMINATE TENANCY PURSUANT TO SECTION
660		-	38-12-203
661		-	(1)(c)
662		-	SHALL INCLUDE A STATEMENT THAT SPECIFICALLY SETS FORTH THE
663		-	BASIS FOR ENFORCEABILITY PURSUANT TO SUBSECTION
664		-	(1) OF THIS SECTION
665		-	AND SECTION
666		-	38-12-203 (1)(c), INCLUDING THE SPECIFIC PURPOSE REQUIRED
667		-	PURSUANT TO SUBSECTION
668		-	(1)(a) OF THIS SECTION AND HOW THE RULE OR
669		-	REGULATION IS REASONABLY RELATED TO THE STATED PURPOSE AS
670		-	REQUIRED PURSUANT TO SUBSECTION
671		-	(1)(b) OF THIS SECTION. A GENERAL
672		-	STATEMENT THAT A RULE OR REGULATION PROMOTES SAFETY OR WELFARE
673		-	IS NOT SUFFICIENT TO MEET THE REQUIREMENTS OF THIS SUBSECTION
674		-	(2)(d)
675		-	OR SECTION 38-12-203 (1)(c).
676		-	(e) T
677		-	HE DIVISION IS AUTHORIZED TO PROMULGATE RULES THAT :
678		-	(I) S
679		-	PECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT ARE
680		-	NOT STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE
681		-	UNENFORCEABLE OR PRESUMPTIVELY UNENFORCEABLE
682		-	; AND
683		-	(II) SPECIFY ADDITIONAL PARK RULES AND REGULATIONS THAT ARE
684		-	PAGE 15-HOUSE BILL 24-1294 STRICTLY NECESSARY PURSUANT TO THIS SECTION AND ARE ENFORCEABLE
685		-	OR PRESUMPTIVELY ENFORCEABLE
686		-	.
687		-	(2.5) (a) Subsection (2) of this section does not prohibit the
688		-	management from requiring compliance by a new home owner with park
689		-	rules and regulations that were not enforceable against the previous home
690		-	owner after the sale or transfer of a mobile home or accessory building or
691		-	structure as described in subsection (2.5)(b) of this section provided that
692		-	IF
693		-	the rules or regulations comply with this section and have been duly noticed,
694		-	IN BOTH ENGLISH AND SPANISH, to all home owners and residents,
695		-	including the seller, pursuant to subsection (1)(e) of this section; except
696		-	that, as used in this subsection (2.5), "transfer" does not include a transfer
697		-	of ownership pursuant to death or divorce or a transfer of ownership to a
698		-	new co-owner who is an immediate family member, spouse, or domestic
699		-	partner of the home owner.
700		-	(b) The management shall not require a home owner selling a
701		-	mobile home or accessory building or structure to ensure that the mobile
702		-	home or accessory building or structure complies with any rules or
703		-	regulations by the closing date of the sale or to bear the costs of compliance
704		-	with any such rules or regulations. If the management requires all
705		-	prospective buyers to comply with such rules and regulations as a condition
706		-	of gaining tenancy in the park, the management shall promptly provide a
707		-	written list of items for which the management requires action to the seller
708		-	upon receiving notice that the mobile home is for sale. The seller shall
709		-	provide the list to all prospective buyers, and the management shall provide
710		-	the list to the buyer upon receiving an application for tenancy. The
711		-	management shall allow a reasonable amount of time after closing for the
712		-	buyer to bring the mobile home or accessory building or structure into
713		-	compliance, which must be at least thirty days from the closing date.
714		-	D
715		-	URING THE PERIOD IN WHICH THE BUYER MAY BRING THE MOBILE HOME OR
716		-	ACCESSORY BUILDING OR STRUCTURE INTO COMPLIANCE
717		-	, THE MANAGEMENT
718		-	SHALL PROVIDE THE BUYER WITH REASONABLE ACCESS TO THE MOBILE HOME
719		-	OR ACCESSORY BUILDING OR STRUCTURE
720		-	, INCLUDING ACCESS TO THE MOBILE
721		-	HOME OR ACCESSORY BUILDING OR STRUCTURE FOR THE PURPOSE OF
722		-	STORING BELONGINGS UNTIL THE BUYER IS ABLE TO RESIDE IN THE MOBILE
723		-	HOME
724		-	.
725		-	(2.7) (a) Notwithstanding any rental agreement, the management
726		-	shall not interfere with a home owner's right to sell a mobile home or
727		-	PAGE 16-HOUSE BILL 24-1294 accessory building or structure, in place or otherwise, to a buyer of the
728		-	home owner's choosing, regardless of the age of the home, except as
729		-	necessary for the management to ensure:
730		-	(II) The financial ability of the home buyer to comply with the
731		-	buyer's obligations as a new tenant
732		-	PURSUANT TO SUBSECTION (2.7)(c) OF
733		-	THIS SECTION
734		-	;
735		-	(c) A
736		-	BUYER DEMONSTRATES THE BUYER 'S FINANCIAL ABILITY TO
737		-	COMPLY WITH THE PROVISIONS OF SUBSECTION
738		-	(2.7)(a)(II) OF THIS SECTION
739		-	IF THE BUYER CAN DEMONSTRATE THAT
740		-	:
741		-	(I) T
742		-	HE BUYER HAS A MONTHLY INCOME THAT IS AT LEAST TWO
743		-	HUNDRED PERCENT OF THE SELLER
744		-	'S CURRENT MONTHLY LOT RENT FOR ONE
745		-	MONTH
746		-	; OR
747		-	(II) THE BUYER HAS OTHER CASH ASSETS THAT ARE AT LEAST TWO
748		-	HUNDRED PERCENT OF THE SELLER
749		-	'S CURRENT MONTHLY LOT RENT FOR SIX
750		-	MONTHS
751		-	.
752		-	(3) (a) If the management provides each home owner written notice,
753		-	IN BOTH ENGLISH AND SPANISH, of the management's intent to add or amend
754		-	any written rule or regulation as described in subsection (1)(e) of this
755		-	section,
756		-	OR IF THE MANAGEMENT INDICATES THAT IT WILL BEGIN ENFORCING
757		-	A RULE OR REGULATION THAT WAS PREVIOUSLY UNENFORCED
758		-	, a home
759		-	owner may file a complaint challenging the rule, regulation, or amendment
760		-	pursuant to section 38-12-1105 within sixty days after receiving the notice.
761		-	If a home owner files such a complaint and the new or amended rule or
762		-	regulation will increase a cost to the home owner in an amount that equals
763		-	or exceeds ten percent of the home owner's monthly rent obligation under
764		-	the rental agreement, the management shall not enforce the rule, regulation,
765		-	or amendment unless and until the parties reach an agreement concerning
766		-	the rule, regulation, or amendment or the dispute resolution process
767		-	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
768		-	PAGE 17-HOUSE BILL 24-1294 subsections (1) and (2) of this section.
769		-	SECTION 14. In Colorado Revised Statutes, 38-12-217, amend
770		-	(9)(b); and add (9)(b.5) as follows:
771		-	38-12-217. Notice of change of use - notice of sale or closure of
772		-	park - opportunity for home owners to purchase - procedures -
773		-	exemptions - enforcement - private right of action - definition.
774		-	(9) Independence of time limits and notice provisions. (b) (I)
775		-	A landlord
776		-	is not required to provide a new or subsequent notice of intent to sell for
777		-	each triggering event listed in subsection (1)(a) of this section if:
778		-	(I) (A) The new demonstration of intent occurs within sixty calendar
779		-	days of the certified mailing of the most recent notice under subsection (2)
780		-	of this section; and
781		-	(B) There are no material changes to the identity of a potential buyer
782		-	if the landlord has made a conditional agreement with a buyer; to the time
783		-	when the park is listed for sale; or to the price, terms, and conditions of an
784		-	acceptable offer the landlord has received to sell the mobile home park or
785		-	for which the landlord intends to sell the park, which were included in the
786		-	most recent notice provided pursuant to subsection (1)(a) of this section;
787		-	OR
788		-	(II) Any material change to the price, terms, and conditions of anacceptable offer the landlord has received to sell the mobile home park or
789		-	for which the landlord intends to sell the park is considered a new triggering
790		-	event, requiring a new notice pursuant to subsection (1)(a) of this section
791		-	and creating a new one-hundred-twenty-day time period. THE LANDLORD IS
792		-	ONLY CONSIDERING AN OFFER FROM A GROUP OR ASSOCIATION OF HOME
793		-	OWNERS WHO RESIDE IN THE PARK
794		-	; EXCEPT THAT A LANDLORD SHALL
795		-	PROVIDE A NEW OR SUBSEQUENT NOTICE IF AT ANY POINT THERE IS A NEW
796		-	TRIGGERING EVENT SPECIFIED IN SUBSECTION
797		-	(1)(a) OF THIS SECTION
798		-	INVOLVING A DIFFERENT PARTY
799		-	.
800		-	(b.5) A
801		-	NY MATERIAL CHANGE TO THE PRICE , TERMS, AND
802		-	CONDITIONS OF AN ACCEPTABLE OFFER THE LANDLORD HAS RECEIVED TO
803		-	SELL THE MOBILE HOME PARK OR FOR WHICH THE LANDLORD INTENDS TO
804		-	SELL THE PARK IS CONSIDERED A NEW TRIGGERING EVENT
805		-	, REQUIRING A NEW
806		-	NOTICE PURSUANT TO SUBSECTION
807		-	(1)(a) OF THIS SECTION AND CREATING A
808		-	NEW ONE
809		-	-HUNDRED-TWENTY-DAY TIME PERIOD.
810		-	PAGE 18-HOUSE BILL 24-1294 SECTION 15. In Colorado Revised Statutes, 38-12-220, add (6) as
811		-	follows:
812		-	38-12-220. Private civil right of action. (6) (a) A
813		-	COURT HAS THE
814		-	DISCRETION TO ORDER
815		-	, AFTER A REVIEW OF THE FILINGS OR AT ANY POINT
816		-	THEREAFTER
817		-	, THAT A LANDLORD CEASE FROM INCREASING RENT ON A
818		-	MOBILE HOME PARK LOT OR ISSUING A NOTICE OF A RENT INCREASE IF THE
819		-	LANDLORD HAS BEEN NAMED AS A DEFENDANT IN ANY PENDING LAWSUIT OR
820		-	ADMINISTRATIVE COMPLAINT THAT ALLEGES
821		-	:
822		-	(I) A
823		-	VIOLATION OF THE "MOBILE HOME PARK ACT", PART 2 OF THIS
824		-	ARTICLE
825		-	12, OR A VIOLATION RELATED TO A MOBILE HOME PARK LOCATED
826		-	IN
827		-	COLORADO;
828		-	(II) A
829		-	VIOLATION OF THE FEDERAL "FAIR HOUSING ACT", 42 U.S.C.
830		-	SEC. 3601 ET SEQ., AS AMENDED, OR THE FAIR HOUSING PROVISIONS IN PART
831		-	5 OF ARTICLE 34 OF TITLE 24; OR
832		-	(III) A VIOLATION RELATED TO UNLAWFUL PRICE FIXING , ILLEGAL
833		-	PRACTICES CONCERNING RENT
834		-	, FEES, CONSUMER PROTECTION LAWS ,
835		-	ANTI-TRUST PROTECTIONS, OR FINANCIAL IMPROPRIETY RELATED TO A
836		-	MOBILE HOME PARK
837		-	.
838		-	(b) A
839		-	COURT SHALL ORDER THAT A LANDLORD REFUND A
840		-	HOMEOWNER OR A RESIDENT ANY RENT THAT THE COURT DETERMINES WAS
841		-	UNLAWFULLY COLLECTED OR RETAINED IN ADDITION TO ANY OTHER
842		-	REMEDIES OR DAMAGES AUTHORIZED UNDER LAW
843		-	.
844		-	SECTION 16. In Colorado Revised Statutes, 38-12-223, amend
845		-	(1)(c), (1)(d)(IV), and (1)(d)(V); and add (1)(d)(VI), (1)(e), (1)(f), and (5.5)
846		-	as follows:
847		-	38-12-223. Tenancy and park sale records. (1) A landlord shall
848		-	retain records for each home owner and resident throughout the home
849		-	owner's or resident's tenancy and for twelve months after the tenancy ends,
850		-	including documentation of:
851		-	(c) Written rules and regulations adopted by the current or previous
852		-	landlord during the home owner's or resident's tenancy; and
853		-	PAGE 19-HOUSE BILL 24-1294 (d) Each request from the home owner or resident relating to the
854		-	following, including whether the landlord at the time approved or
855		-	disapproved each request:
856		-	(IV) Decks, fences, wheelchair ramps, or other structural changes
857		-	to the home or lot; and
858		-	(V) Use of property related to parking of vehicles and use of
859		-	vehicles;
860		-	AND
861		-	(VI) A REQUEST FROM THE RESIDENT OR HOME OWNER THAT
862		-	NOTICES
863		-	, DISCLOSURES, OR OTHER COMMUNICATIONS BE PROVIDED IN A
864		-	LANGUAGE OTHER THAN
865		-	ENGLISH;
866		-	(e) A
867		-	PAYMENT LEDGER THAT DOCUMENTS ANY RENT OR OTHER TYPE
868		-	OF PAYMENT FROM A RESIDENT OR HOME OWNER
869		-	, THE AMOUNT PAID, AND
870		-	THE DATE THE PAYMENT WAS MADE
871		-	; AND
872		-	(f) WRITTEN NOTICES, DISCLOSURES, OR OTHER COMMUNICATIONS
873		-	PROVIDED TO RESIDENTS AND HOME OWNERS WHO HAVE REQUESTED THAT
874		-	THE LANDLORD PROVIDE NOTICES
875		-	, DISCLOSURES, OR OTHER
876		-	COMMUNICATIONS IN A LANGUAGE OTHER THAN
877		-	ENGLISH.
878		-	(5.5) N
879		-	OTWITHSTANDING THE PROVISIONS OF SUBSECTION (5) OF
880		-	THIS SECTION
881		-	, AT ANY POINT DURING A TENANCY OR TWELVE MONTHS AFTER
882		-	A TENANCY HAS ENDED
883		-	, A RESIDENT MAY REQUEST A COPY OF THEIR
884		-	PAYMENT LEDGER AND THE LANDLORD SHALL PROVIDE A COPY WITHIN TEN
885		-	CALENDAR DAYS
886		-	.
887		-	SECTION 17. In Colorado Revised Statutes, add 38-12-1105.5 as
888		-	follows:
889		-	38-12-1105.5. Sale or change in control of the park - complaint
890		-	pending - duties of landlord. (1) I
891		-	F THERE IS A SALE OR OTHER CHANGE IN
892		-	CONTROL OF A MOBILE HOME PARK WHILE A COMPLAINT FILED PURSUANT TO
893		-	SECTION
894		-	38-12-1105 IS PENDING BEFORE THE DIVISION OR PRIOR TO THE
895		-	LANDLORD
896		-	'S COMPLIANCE WITH ALL REMEDIAL ACTIONS AND PENALTIES
897		-	ORDERED BY THE DIVISION AS A RESULT OF A COMPLAINT THAT WAS
898		-	PREVIOUSLY FILED
899		-	, THE LANDLORD AT THE TIME THAT THE COMPLAINT WAS
900		-	FILED SHALL
901		-	, AS A PRIOR CONDITION OF THE SALE OR CHANGE IN CONTROL
902		-	PAGE 20-HOUSE BILL 24-1294 OF THE MOBILE HOME PARK:
903		-	(a) P
904		-	ROVIDE ALL DOCUMENTS RELATED TO THE COMPLAINT ,
905		-	INCLUDING ANY NOTICE OF VIOLATION OR FINAL AGENCY ORDER ISSUED BY
906		-	THE DIVISION
907		-	, TO A PROSPECTIVE BUYER AS PART OF THE DUE DILIGENCE
908		-	PROCESS OF ANY SALE
909		-	;
910		-	(b) P
911		-	AY ALL PENALTIES ORDERED BY THE DIVISION IN A FINAL
912		-	AGENCY ORDER AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE
913		-	DIVISION
914		-	; AND
915		-	(c) FOR A PENDING COMPLAINT IN WHICH THE DIVISION HAS NOT
916		-	ISSUED A FINAL AGENCY ORDER
917		-	, IF REQUESTED BY THE PROSPECTIVE BUYER
918		-	OR ORDERED BY THE DIVISION
919		-	, PLACE INTO AN ESCROW ACCOUNT MONEY
920		-	SUFFICIENT TO COVER EITHER THE REMEDIATION COST OR AN ESTIMATED
921		-	PENALTY THAT COULD BE ASSESSED BY THE DIVISION
922		-	. THE SELLER IS
923		-	ENTITLED TO THE RETURN OF MONEY PLACED IN ESCROW IF NO VIOLATION IS
924		-	FOUND IN A FINAL AGENCY ORDER
925		-	.
926		-	(2) I
927		-	F THE DIVISION ORDERS ONE OR MORE REMEDIAL ACTIONS IN A
928		-	FINAL AGENCY ORDER PRIOR TO THE SALE OF A MOBILE HOME PARK
929		-	:
930		-	(a) T
931		-	HE LANDLORD SHALL COMPLETE ALL REMEDIAL ACTIONS PRIOR
932		-	TO THE SALE AND SUBMIT AN AFFIDAVIT OF COMPLIANCE TO THE DIVISION
933		-	;
934		-	OR
935		-	(b) THE LANDLORD AND THE PROSPECTIVE BUYER SHALL JOINTLY
936		-	SUBMIT TO THE DIVISION A WRITTEN REMEDIAL PLAN THAT REQUIRES ALL
937		-	REMEDIAL ACTIONS TO BE COMPLETED WITHIN ONE YEAR
938		-	. THE DIVISION MAY
939		-	ACCEPT OR REJECT THE PROPOSED REMEDIAL PLAN AND ASSESS PENALTIES
940		-	AGAINST EITHER PARTY IF A REMEDIAL PLAN SUBMITTED PURSUANT TO THIS
941		-	SECTION IS NOT COMPLETED
942		-	.
943		-	(3) I
944		-	F THERE IS A SALE OR OTHER CHANGE IN CONTROL OF A MOBILE
945		-	HOME PARK WHILE A COMPLAINT IS PENDING BEFORE THE DIVISION
946		-	, THE
947		-	DIVISION MAY ADD ANY LANDLORD SUCCESSOR IN INTEREST AS A PARTY
948		-	WITH NO FURTHER ACTION NEEDED BY THE FILING PARTY
949		-	.
950		-	SECTION 18. In Colorado Revised Statutes, add part 14 to article
951		-	12 of title 38 as follows:
952		-	PAGE 21-HOUSE BILL 24-1294 PART 14
953		-	RENT-TO-OWN MOBILE HOME CONTRACTS
954		-	38-12-1401. Mobile home rent-to-own contracts - general
955		-	provisions - definition. (1) A
956		-	S USED IN THIS PART 14, UNLESS THE CONTEXT
957		-	OTHERWISE REQUIRES
958		-	:
959		-	(a) "P
960		-	URCHASE PAYMENT" MEANS ANY KIND OF PAYMENT THAT IS
961		-	CREDITED TO THE PURCHASER TOWARD THE PURCHASE PRICE OF A MOBILE
962		-	HOME
963		-	, REGARDLESS OF HOW THE PAYMENT IS DENOMINATED .
964		-	(b) "R
965		-	ENT-TO-OWN CONTRACT " MEANS ANY RENT -TO-OWN,
966		-	LEASE-TO-OWN, PURCHASE OPTION, OR OTHER AGREEMENT IN WHICH THE
967		-	PURCHASER OF A MOBILE HOME AGREES TO OR RECEIVES THE OPTION TO
968		-	PURCHASE THE MOBILE HOME OVER A PERIOD MUTUALLY AGREED UPON
969		-	WITH THE SELLER OF THE MOBILE HOME
970		-	.
971		-	(2) T
972		-	HIS PART 14 APPLIES ONLY TO A RENT-TO-OWN CONTRACT FOR
973		-	A MOBILE HOME LOCATED IN A MOBILE HOME PARK AND WHEN THE SELLER
974		-	OF THE MOBILE HOME
975		-	:
976		-	(a) I
977		-	S THE LANDLORD OF THE MOBILE HOME PARK ; OR
978		-	(b) OWNS MORE THAN ONE MOBILE HOME IN COLORADO.
979		-	(3) T
980		-	HE PURCHASER UNDER A RENT-TO-OWN CONTRACT IS DEEMED
981		-	TO BE A
982		-	"HOME OWNER", AS THAT TERM IS DEFINED IN SECTION 38-12-201.5
983		-	(2),
984		-	AND HAS ALL OF THE RIGHTS OF A HOME OWNER UNDER PART 2 OF THIS
985		-	ARTICLE
986		-	12, UNLESS OTHERWISE SPECIFIED IN THIS PART 14 OR UNTIL THE
987		-	RENT
988		-	-TO-OWN CONTRACT IS VALIDLY TERMINATED PURSUANT TO THIS PART
989		-	14.
990		-	(4) I
991		-	F THE SELLER OF A MOBILE HOME IS THE LANDLORD OF A MOBILE
992		-	HOME PARK
993		-	, THE SELLER SHALL DISCLOSE ALL RENT-TO-OWN CONTRACTS TO
994		-	WHICH THE SELLER IS A PARTY ON THE ANNUAL REGISTRATION REQUIRED
995		-	PURSUANT TO SECTION
996		-	38-12-1106.
997		-	38-12-1402. Mobile home rent-to-own contracts - requirements
998		-	- terms - termination. (1) A
999		-	RENT-TO-OWN CONTRACT MUST BE IN WRITING
1000		-	AND SIGNED BY THE PURCHASER AND THE SELLER OF THE MOBILE HOME
1001		-	. A
1002		-	PAGE 22-HOUSE BILL 24-1294 RENT-TO-OWN CONTRACT THAT IS NOT IN WRITING OR THAT IS NOT SIGNED
1003		-	BY BOTH THE PURCHASER AND THE SELLER IS NOT ENFORCEABLE BY EITHER
1004		-	PARTY
1005		-	.
1006		-	(2) A
1007		-	RENT-TO-OWN CONTRACT MUST BE IN EITHER ENGLISH OR
1008		-	BOTH
1009		-	ENGLISH AND SPANISH, AS REQUESTED BY THE PURCHASER .
1010		-	(3) B
1011		-	EFORE ENTERING INTO A RENT-TO-OWN CONTRACT, THE SELLER
1012		-	OF THE MOBILE HOME MUST PROVIDE THE PURCHASER WITH THE FOLLOWING
1013		-	:
1014		-	(a) P
1015		-	ROOF OF THE SELLER'S OWNERSHIP OF THE MOBILE HOME ,
1016		-	INCLUDING A COPY OF THE SELLER'S VALID CERTIFICATE OF TITLE TO THE
1017		-	MOBILE HOME AND A DISCLOSURE OF ANY LIENS PLACED ON THE HOME
1018		-	,
1019		-	INCLUDING A COPY OF ANY LIENS, IF AVAILABLE; AND
1020		-	(b) A DISCLOSURE THAT THE PURCHASER HAS THE RIGHT TO HAVE
1021		-	THE MOBILE HOME PROFESSIONALLY APPRAISED AT THE BUYER
1022		-	'S EXPENSE
1023		-	AND THAT THE SELLER SHALL MAKE REASONABLE EFFORTS TO MAKE THE
1024		-	MOBILE HOME AVAILABLE FOR APPRAISAL
1025		-	.
1026		-	(4) A
1027		-	RENT-TO-OWN CONTRACT MUST CONTAIN THE FOLLOWING
1028		-	INFORMATION
1029		-	:
1030		-	(a) T
1031		-	HE MANUFACTURER OF THE MOBILE HOME AND THE DATE OF
1032		-	MANUFACTURE
1033		-	;
1034		-	(b) T
1035		-	HE VEHICLE IDENTIFICATION NUMBER OR OTHER IDENTIFYING
1036		-	NUMBER OF THE MOBILE HOME
1037		-	;
1038		-	(c) T
1039		-	HE MOBILE HOME PARK AND THE LOT NUMBER WITHIN THE
1040		-	MOBILE HOME PARK ON WHICH THE MOBILE HOME IS LOCATED
1041		-	;
1042		-	(d) A
1043		-	LIST OF FIXTURES THAT ARE INCLUDED IN OR EXCLUDED FROM
1044		-	THE PURCHASE OF THE MOBILE HOME
1045		-	;
1046		-	(e) A
1047		-	LIST OF IMPROVEMENTS TO THE MOBILE HOME THAT ARE
1048		-	INCLUDED IN OR EXCLUDED FROM THE PURCHASE
1049		-	;
1050		-	(f) T
1051		-	HE TERM OF THE RENT-TO-OWN CONTRACT;
1052		-	PAGE 23-HOUSE BILL 24-1294 (g) THE TOTAL PURCHASE PRICE OF THE MOBILE HOME ;
1053		-	(h) T
1054		-	HE NUMBER OF PURCHASE PAYMENTS THAT THE PURCHASER
1055		-	MUST MAKE UNDER THE RENT
1056		-	-TO-OWN CONTRACT AND THE AMOUNT OF
1057		-	EACH PAYMENT
1058		-	;
1059		-	(i) T
1060		-	HE FEE, IF ANY, THAT THE PURCHASER MUST PAY AS
1061		-	CONSIDERATION FOR THE RENT
1062		-	-TO-OWN OPTION. IF AN OPTION FEE IS
1063		-	REQUIRED
1064		-	, THE AMOUNT OF THE FEE SHALL NOT EXCEED THE COST TO
1065		-	TRANSFER THE TITLE OF THE MOBILE HOME IN THE COUNTY IN WHICH THE
1066		-	MOBILE HOME IS LOCATED
1067		-	; AND
1068		-	(j) A SEPARATE TERM LISTING THE AMOUNT OF RENT TO BE PAID
1069		-	EACH MONTH FOR THE MOBILE HOME THAT IS IN ADDITION TO THE PURCHASE
1070		-	PAYMENT
1071		-	.
1072		-	(5) B
1073		-	EFORE ENTERING INTO A RENT -TO-OWN CONTRACT, THE
1074		-	PURCHASER HAS THE RIGHT TO INSPECT THE MOBILE HOME AND TO HAVE THE
1075		-	MOBILE HOME PROFESSIONALLY INSPECTED AT THE PURCHASER
1076		-	'S EXPENSE.
1077		-	T
1078		-	HE PURCHASER ALSO HAS THE RIGHT TO HAVE THE MOBILE HOME
1079		-	PROFESSIONALLY APPRAISED AT THE PURCHASER
1080		-	'S EXPENSE. THE SELLER
1081		-	SHALL MAKE REASONABLE EFFORTS TO MAKE THE MOBILE HOME AVAILABLE
1082		-	FOR INSPECTION OR APPRAISAL
1083		-	.
1084		-	(6) A
1085		-	T ANY TIME DURING THE TERM OF THE RENT -TO-OWN
1086		-	CONTRACT
1087		-	, THE PURCHASER MAY PAY ADDITIONAL AMOUNTS TOWARDS THE
1088		-	BALANCE OWED ON THE TOTAL PURCHASE PRICE OF THE MOBILE HOME
1089		-	,
1090		-	INCLUDING PAYING THE BALANCE IN FULL , WITHOUT INCURRING ANY
1091		-	PENALTY
1092		-	.
1093		-	(7) (a) T
1094		-	HE PURCHASER IN ANY RENT-TO-OWN CONTRACT HAS THE
1095		-	RIGHT TO TERMINATE THE CONTRACT BEFORE THE END OF THE TERM OF THE
1096		-	CONTRACT
1097		-	. TO EXERCISE THE RIGHT TO TERMINATE THE CONTRACT , THE
1098		-	PURCHASER MUST GIVE THE SELLER AT LEAST THIRTY DAYS
1099		-	' WRITTEN NOTICE
1100		-	OF THE PURCHASER
1101		-	'S INTENT TO TERMINATE THE RENT-TO-OWN CONTRACT.
1102		-	A
1103		-	T THE CONCLUSION OF THE THIRTY DAYS ' NOTICE TO TERMINATE, THE
1104		-	SELLER MUST RETURN TO THE PURCHASER ALL PURCHASE PAYMENTS MADE
1105		-	BY THE PURCHASER REDUCED BY ANY THEN
1106		-	-OWED RENT UNDER THE
1107		-	CONTRACT
1108		-	.
1109		-	PAGE 24-HOUSE BILL 24-1294 (b) IF THE PURCHASER OF THE MOBILE HOME TERMINATES THE
1110		-	RENT
1111		-	-TO-OWN CONTRACT, THE TERMINATION SHALL NOT AFFECT ANY
1112		-	MOBILE HOME LEASE AGREED ON BY THE PURCHASER AND THE SELLER OF
1113		-	THE MOBILE HOME
1114		-	. ANY MOBILE HOME LEASE REMAINS IN FULL FORCE AND
1115		-	EFFECT AND MAY ONLY BE TERMINATED PURSUANT TO APPLICABLE
1116		-	LANDLORD
1117		-	-TENANT LAW.
1118		-	(8) (a) T
1119		-	HE SELLER OF A MOBILE HOME MAY TERMINATE A
1120		-	RENT
1121		-	-TO-OWN CONTRACT ONLY FOR ONE OF THE FOLLOWING REASONS :
1122		-	(I) T
1123		-	HE PURCHASER OF THE MOBILE HOME FAILED TO TIMELY MAKE
1124		-	A PURCHASE PAYMENT UNDER THE RENT
1125		-	-TO-OWN CONTRACT, THE SELLER
1126		-	HAS GIVEN THE PURCHASER WRITTEN NOTICE OF THE FAILURE TO PAY
1127		-	, AND
1128		-	THE PURCHASER HAS NOT CURED THE PAYMENT DEFICIT WITHIN THIRTY
1129		-	DAYS OF RECEIVING WRITTEN NOTICE
1130		-	; OR
1131		-	(II) THE PURCHASER COMMITTED AN ACTION RELATED TO THE
1132		-	MOBILE HOME PURCHASER
1133		-	'S MOBILE HOME LEASE THAT LED TO A VALID AND
1134		-	EXECUTED WRIT OF RESTITUTION
1135		-	.
1136		-	(b) I
1137		-	F THE SELLER OF A MOBILE HOME TERMINATES A RENT -TO-OWN
1138		-	CONTRACT PURSUANT TO THIS SUBSECTION
1139		-	(8), THE SELLER SHALL RETURN
1140		-	TO THE PURCHASER ALL PURCHASE PAYMENTS MADE BY THE PURCHASER NO
1141		-	LATER THAN TEN CALE NDAR DAYS AFTER THE RENT
1142		-	-TO-OWN CONTRACT
1143		-	TERMINATES
1144		-	. IF THE PURCHASER OWES ANY RENT TO THE SELLER , THE
1145		-	SELLER MAY REDUCE THE RETURNED PURCHASE PAYMENT BY THE AMOUNT
1146		-	OF RENT THE PURCHASER OWES TO THE SELLER
1147		-	.
1148		-	(c) I
1149		-	F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE
1150		-	RENT
1151		-	-TO-OWN CONTRACT BECAUSE THE MOBILE HOME BECOMES
1152		-	ENCUMBERED AS A RESULT OF LEGAL ACTIONS TAKEN AGAINST THE SELLER
1153		-	,
1154		-	THEN THE SELLER SHALL PROVIDE THE PURCHASER WITH PROOF OF THE
1155		-	ENCUMBRANCE AND SHALL RETURN TO THE PURCHASER ALL PURCHASE
1156		-	PAYMENTS MADE BY THE PURCHASER WITHIN TEN CALENDAR DAYS OF THE
1157		-	DATE THAT THE SELLER KNEW OR REASONABLY SHOULD HAVE KNOWN THAT
1158		-	IT WOULD NOT BE POSSIBLE TO COMPLY WITH THE RENT
1159		-	-TO-OWN CONTRACT.
1160		-	(d) I
1161		-	F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE
1162		-	RENT
1163		-	-TO-OWN CONTRACT BECAUSE THE MOBILE HOME PARK IN WHICH THE
1164		-	MOBILE HOME IS LOCATED IS CONDEMNED OR CHANGES USE PURSUANT TO
1165		-	PAGE 25-HOUSE BILL 24-1294 SECTION 38-12-203 (1)(d), THE SELLER SHALL RETURN TO THE PURCHASER
1166		-	ALL PURCHASE PAYMENTS MADE BY THE PURCHASER WITHIN TEN DAYS OF
1167		-	THE PURCHASER RECEIVING WRITTEN NOTICE OF THE C ONDEMNATION OR
1168		-	CHANGE IN USE PURSUANT TO SECTION
1169		-	38-12-203 (1)(d). IF THE SELLER IS
1170		-	THE LANDLORD OF THE MOBILE HOME PARK AND CANNOT COMPLY WITH THE
1171		-	RENT
1172		-	-TO-OWN CONTRACT BECAUSE THE MOBILE HOME PARK IN WHICH THE
1173		-	MOBILE HOME IS LOCATED IS CONDEMNED OR CHANGES USE PURSUANT TO
1174		-	SECTION
1175		-	38-12-203 (1)(d), THE SELLER SHALL ALSO PAY THE PURCHASER
1176		-	REASONABLE RELOCATION EXPENSES PURSUANT TO SECTION
1177		-	38-12-203.5
1178		-	(2)(b)(I).
1179		-	38-12-1403. Duties of the seller. (1) F
1180		-	OR ANY RENT-TO-OWN
1181		-	CONTRACT
1182		-	, THE SELLER OF THE MOBILE HOME SHALL :
	1263	+	F THE SELLER OF A MOBILE HOME CANNOT COMPLY WITH THE14
	1264	+	RENT-TO-OWN CONTRACT BECAUSE THE MOBILE HOME PARK IN WHICH THE15
	1265	+	MOBILE HOME IS LOCATED IS CONDEMNED OR CHANGES USE PURSUANT TO16
	1266	+	SECTION 38-12-203 (1)(d), THE SELLER SHALL RETURN TO THE PURCHASER17
	1267	+	ALL PURCHASE
	1268	+	PAYMENTS MADE BY THE PURCHASER WITHIN TEN DAYS18
	1269	+	OF THE PURCHASER RECEIVING WRITTEN NOTICE OF THE CONDEMNATION19
	1270	+	OR CHANGE IN USE PURSUANT TO SECTION 38-12-203 (1)(d). IF THE SELLER20
	1271	+	IS THE LANDLORD OF THE MOBILE HOME PARK AND CANNOT COMPLY WITH21
	1272	+	THE RENT-TO-OWN CONTRACT BECAUSE THE MOBILE HOME PARK IN WHICH22
	1273	+	THE MOBILE HOME IS LOCATED IS CONDEMNED OR CHANGES USE23
	1274	+	PURSUANT TO SECTION 38-12-203 (1)(d), THE SELLER SHALL ALSO PAY24
	1275	+	THE PURCHASER REASONABLE RELOCATION EXPENSES PURSUANT TO25
	1276	+	SECTION 38-12-203.5 (2)(b)(I).26
	1277	+	38-12-1303. Duties of the seller. (1) F
	1278	+	OR ANY RENT-TO-OWN27
	1279	+	1294
	1280	+	-37- CONTRACT, THE SELLER OF THE MOBILE HOME SHALL :1
1183	1281		(a) R
1184	1282		EMAIN RESPONSIBLE FOR ANY REPAIRS OF CONDITIONS THAT
1185		-	COULD ENDANGER THE HEALTH OR SAFETY OF A BUYER
1186		-	, EXCEPT FOR
1187		-	CONDITIONS CAUSED BY A BUYER
1188		-	'S GROSS NEGLIGENCE OR WILLFUL
1189		-	CONDUCT
1190		-	, UNTIL THE PURCHASER BECOMES THE OWNER OF THE MOBILE
1191		-	HOME AND RECEIVES THE TITLE TO THE MOBILE HOME FROM THE SELLER OR
1192		-	UNTIL THE LOT LEASE AND MOBILE HOME LEASE ARE LEGALLY AND VALIDLY
1193		-	TERMINATED
1194		-	;
	1283	+	2
	1284	+	COULD ENDANGER THE HEALTH OR SAFETY OF A BUYER , EXCEPT FOR3
	1285	+	CONDITIONS CAUSED BY A BUYER 'S GROSS NEGLIGENCE OR WILLFUL4
	1286	+	CONDUCT, UNTIL THE PURCHASER BECOMES THE OWNER OF THE MOBILE5
	1287	+	HOME AND RECEIVES THE TITLE TO THE MOBILE HOME FROM THE SELLER6
	1288	+	OR UNTIL THE LOT LEASE AND MOBILE HOME LEASE ARE LEGALLY AND7
	1289	+	VALIDLY TERMINATED;8
1195	1290		(b) E
1196		-	NSURE THAT THE MOBILE HOME IS HABITABLE UNDER STATE
1197		-	AND LOCAL LAW BEFORE ENTERING INTO A RENT
1198		-	-TO-OWN AGREEMENT;
	1291	+	NSURE THAT THE MOBILE HOME IS HABITABLE UNDER STATE9
	1292	+	AND LOCAL LAW BEFORE ENTERING INTO A RENT -TO-OWN AGREEMENT;10
1199	1293		(c) B
1200		-	EAR THE REASONABLE COSTS OF REPAIRS OR MAINTENANCE
1201		-	RELATED TO THE MOBILE HOME DURING THE TERM OF THE RENT
1202		-	-TO-OWN
1203		-	CONTRACT SO LONG AS THE REPAIR OR MAINTENANCE WAS NOT CAUSED BY
1204		-	THE PURCHASER
1205		-	'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ;
	1294	+	EAR THE REASONABLE COSTS OF REPAIRS OR MAINTENANCE11
	1295	+	RELATED TO THE MOBILE HOME DURING THE TERM OF THE RENT -TO-OWN12
	1296	+	CONTRACT SO LONG AS THE REPAIR OR MAINTENANCE WAS NOT CAUSED13
	1297	+	BY THE PURCHASER'S GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ;14
1206	1298		(d) T
1207		-	IMELY PAY ALL PROPERTY TAXES ASSESSED ON THE MOBILE
1208		-	HOME UNTIL THE PURCHASER BECOMES THE OWNER OF THE MOBILE HOME
1209		-	AND RECEIVES THE TITLE TO THE MOBILE HOME FROM THE SELLER
1210		-	. THE
1211		-	SELLER MAY PRORATE ANY PROPERTY TAXES OWED AT THE TIME THE TITLE
1212		-	TO THE MOBILE HOME IS TRANSFERRED
1213		-	; AND
1214		-	(e) RETURN TO THE PURCHASER OF THE MOBILE HOME ALL PURCHASE
1215		-	PAYMENTS MADE BY THE PURCHASER IF THE MOBILE HOME IS RENDERED
1216		-	UNFIT FOR HABITATION BY CAUSES OUTSIDE OF EITHER THE PURCHASER
1217		-	'S OR
1218		-	THE SELLER
1219		-	'S CONTROL. IF THE PURCHASER OWES THE SELLER ANY MONEY
1220		-	PAGE 26-HOUSE BILL 24-1294 RELATED TO THE MOBILE HOME LEASE AT THE TIME A MOBILE HOME IS
1221		-	DESTROYED
1222		-	, THE SELLER MAY DEDUCT THE OWED MONEY FROM ANY
1223		-	ACCUMULATED PURCHASE PAYMENTS
1224		-	. THE SELLER SHALL RETURN THE
1225		-	ACCUMULATED PURCHASE PAYMENTS WITHIN TEN DAYS OF THE DATE THE
1226		-	MOBILE HOME WAS DESTROYED
1227		-	.
1228		-	38-12-1404. Concurrent mobile home leases. (1) F
1229		-	OR A
1230		-	RENT
1231		-	-TO-OWN CONTRACT COVERED UNDER THIS PART 14, THE SELLER MUST
1232		-	OFFER THE PURCHASER A MOBILE HOME LEASE FOR A PERIOD EQUIVALENT TO
1233		-	THE PERIOD IN WHICH THE PURCHASER HAS TO COMPLETE THE PURCHASE OF
1234		-	THE MOBILE HOME
1235		-	.
	1299	+	IMELY PAY ALL PROPERTY TAXES ASSESSED ON THE MOBILE15
	1300	+	HOME UNTIL THE PURCHASER BECOMES THE OWNER OF THE MOBILE HOME16
	1301	+	AND RECEIVES THE TITLE TO THE MOBILE HOME FROM THE SELLER . THE17
	1302	+	SELLER MAY PRORATE ANY PROPERTY TAXES OWED AT THE TIME THE TITLE18
	1303	+	TO THE MOBILE HOME IS TRANSFERRED ; AND19
	1304	+	(e) R
	1305	+	ETURN TO THE PURCHASER OF THE MOBILE HOME ALL20
	1306	+	PURCHASE
	1307	+	PAYMENTS MADE BY THE PURCHASER IF THE MOBILE HOME21
	1308	+	IS RENDERED UNFIT FOR HABITATION BY CAUSES OUTSIDE OF EITHER THE22
	1309	+	PURCHASER'S OR THE SELLER'S CONTROL. IF THE PURCHASER OWES THE23
	1310	+	SELLER ANY MONEY RELATED TO THE MOBILE HOME LEASE AT THE TIME24
	1311	+	A MOBILE HOME IS DESTROYED , THE SELLER MAY DEDUCT THE OWED25
	1312	+	MONEY FROM ANY ACCUMULATED PURCHASE PAYMENTS . THE SELLER26
	1313	+	SHALL RETURN THE ACCUMULATED PURCHASE PAYMENTS WITHIN TEN27
	1314	+	1294
	1315	+	-38- DAYS OF THE DATE THE MOBILE HOME WAS DESTROYED .1
	1316	+	38-12-1304. Concurrent mobile home leases. (1) F
	1317	+	OR A2
	1318	+	RENT-TO-OWN CONTRACT COVERED UNDER THIS PART 13, THE SELLER3
	1319	+	MUST OFFER THE PURCHASER A MOBILE HOME LEASE FOR A PERIOD4
	1320	+	EQUIVALENT TO THE PERIOD IN WHICH THE PURCHASER HAS TO COMPLETE5
	1321	+	THE PURCHASE OF THE MOBILE HOME .
	1322	+	6
1236	1323		(2) F
1237		-	OR A RENT-TO-OWN CONTRACT WHEN THE SELLER IS THE OWNER
1238		-	OF MORE THAN ONE MOBILE HOME WITHIN THE SAME MOBILE HOME PARK
1239		-	AND IS NOT THE LANDLORD OF THE PARK
1240		-	, THE SELLER SHALL NOT ENTER
1241		-	INTO A RENT
1242		-	-TO-OWN CONTRACT UNLESS THE SELLER 'S RENTAL AGREEMENT
1243		-	WITH THE LANDLORD OF THE MOBILE HOME PARK OR ANY BINDING
1244		-	ADDENDUM TO THE RENTAL AGREEMENT SPECIFICALLY PERMITS THE SELLER
1245		-	TO SUBLEASE AND SELL THE MOBILE HOME AND THE SELLER HAS SATISFIED
1246		-	ANY REQUIREMENTS OF THE LANDLORD OF THE MOBILE HOME PARK RELATED
1247		-	TO SUBLESSEES AND THE SALE OF MOBILE HOMES
1248		-	. IF A SELLER FAILS TO
1249		-	SATISFY THE REQUIREMENTS OF THIS SUBSECTION
1250		-	(2), THE RENT-TO-OWN
1251		-	CONTRACT IS INVALID AND UNENFORCEABLE BY THE SELLER
1252		-	, AND THE
1253		-	SELLER MUST RETURN TO THE PURCHASER
1254		-	, WITHIN TEN CALENDAR DAYS ,
1255		-	ANY PURCHASE PAYMENTS AND ANY OTHER MONEY THAT THE SELLER HAS
1256		-	RECEIVED FROM THE PURCHASER
1257		-	.
	1324	+	OR A RENT-TO-OWN CONTRACT WHEN THE SELLER IS THE7
	1325	+	OWNER OF MORE THAN ONE MOBILE HOME WITHIN THE SAME MOBILE HOME8
	1326	+	PARK AND IS NOT THE LANDLORD OF THE PARK , THE SELLER SHALL NOT9
	1327	+	ENTER INTO A RENT-TO-OWN CONTRACT UNLESS THE SELLER 'S RENTAL10
	1328	+	AGREEMENT WITH THE LANDLORD OF THE MOBILE HOME PARK OR ANY11
	1329	+	BINDING ADDENDUM TO THE RENTAL AGREEMENT SPECIFICALLY PERMITS12
	1330	+	THE SELLER TO SUBLEASE AND SELL THE MOBILE HOME AND THE SELLER13
	1331	+	HAS SATISFIED ANY REQUIREMENTS OF THE LANDLORD OF THE MOBILE14
	1332	+	HOME PARK RELATED TO SUBLESSEES AND THE SALE OF MOBILE HOMES . IF15
	1333	+	A SELLER FAILS TO SATISFY THE REQUIREMENTS OF THIS SUBSECTION (2),16
	1334	+	THE RENT-TO-OWN CONTRACT IS INVALID AND UNENFORCEABLE BY THE17
	1335	+	SELLER, AND THE SELLER MUST RETURN TO THE PURCHASER , WITHIN TEN18
	1336	+	CALENDAR DAYS, ANY PURCHASE PAYMENTS AND ANY OTHER MONEY19
	1337	+	THAT THE SELLER HAS RECEIVED FROM THE PURCHASER .20
1258	1338		(3) A
1259		-	MOBILE HOME LEASE MUST BE A SEPARATE DOCUMENT FROM
1260		-	THE RENT
1261		-	-TO-OWN CONTRACT.
1262		-	38-12-1405. Recordkeeping. (1) F
1263		-	OR ANY RENT-TO-OWN
1264		-	CONTRACT
1265		-	, THE SELLER OF THE MOBILE HOME SHALL MAINTAIN SEPARATE
1266		-	FINANCIAL RECORDS FOR EACH RENT
1267		-	-TO-OWN CONTRACT.
1268		-	(2) T
1269		-	HE SELLER OF THE MOBILE HOME SHALL PROVIDE THE
1270		-	PURCHASER WITH EITHER AN ANNUAL ACCOUNTING RELATED TO THE
1271		-	RENT
1272		-	-TO-OWN CONTRACT OR A DISCLOSURE THAT THE BUYER IS ENTITLED
1273		-	TO REQUEST AND RECEIVE AN ANNUAL ACCOUNTING OF THEIR RENT
1274		-	-TO-OWN
1275		-	CONTRACT
1276		-	. THE ACCOUNTING OR THE DISCLOSURE IS DUE TO THE
1277		-	PURCHASER EACH YEAR WITHIN TEN DAYS OF THE ANNIVERSARY DATE OF
1278		-	PAGE 27-HOUSE BILL 24-1294 THE RENT-TO-OWN CONTRACT. IF REQUESTED, THE ANNUAL ACCOUNTING
1279		-	SHALL BE PROVIDED WITHIN TEN DAYS UPON THE RECEIPT OF A REQUEST FOR
1280		-	ACCOUNTING
1281		-	. AT A MINIMUM, ANY ACCOUNTING PROVIDED SHALL DISCLOSE
1282		-	THE TOTAL AMOUNT IN PURCHASE PAYMENTS MADE
1283		-	, THE TOTAL AMOUNT OF
1284		-	THE PURCHASE PRICE REMAINING TO BE PAID
1285		-	, AND ANY EXPENSES PAID BY
1286		-	THE SELLER DURING THE ACCOUNTING PERIOD TO REPAIR OR MAINTAIN THE
1287		-	MOBILE HOME
1288		-	. THE ACCOUNTING OR THE DISCLOSURE SHALL BE PROVIDED
1289		-	TO THE PURCHASER IN
1290		-	ENGLISH OR ENGLISH AND SPANISH, AS REQUESTED
1291		-	BY THE PURCHASER
1292		-	.
1293		-	38-12-1406. Sale of mobile home park. A
1294		-	SUCCESSOR OWNER OF
1295		-	A MOBILE HOME PARK IS BOUND BY THE TERMS OF ANY RENT
1296		-	-TO-OWN
1297		-	CONTRACT ENTERED INTO BY THE PRIOR OWNER OF THE PARK AS OF THE
1298		-	DATE OF THE CHANGE IN PARK OWNERSHIP
1299		-	. A PURCHASER WITH A VALID
1300		-	RENT
1301		-	-TO-OWN CONTRACT MAY , FOR ANY REASON , TERMINATE THE
1302		-	RENT
1303		-	-TO-OWN CONTRACT WITH A PARK OWNER AND ANY SUCCESSOR OWNER
1304		-	UPON A CHANGE IN THE OWNERSHIP OF THE PARK
1305		-	.
1306		-	38-12-1407. Unfounded or retaliatory evictions. (1) F
1307		-	OR ANY
1308		-	RENT
1309		-	-TO-OWN CONTRACT, IF THE SELLER OF THE MOBILE HOME EVICTS OR
1310		-	ATTEMPTS TO EVICT A PURCHASER FOR ANY WRONGFUL OR RETALIATORY
1311		-	REASON OR ANY REASON UNSUPPORTED BY THE PROVISIONS OF SECTIONS
1312		-	38-12-203 AND 38-12-204, THE PURCHASER IS ENTITLED TO RECOVER
1313		-	TREBLE DAMAGES
1314		-	. FOR PURPOSES OF CALCULATING DAMAGES , THE MINIMUM
1315		-	AMOUNT OF DAMAGES IS AT LEAST THE AMOUNT OF PURCHASE PAYMENTS
1316		-	THEN MADE BY THE PURCHASER
1317		-	. IN ADDITION TO MINIMUM DAMAGES , THE
1318		-	PURCHASER IS ALSO ENTITLED TO ANY OTHER ACTUAL DAMAGES
1319		-	.
	1339	+	MOBILE HOME LEASE MUST BE A SEPARATE DOCUMENT FROM21
	1340	+	THE RENT-TO-OWN CONTRACT.22
	1341	+	38-12-1305. Recordkeeping. (1) F
	1342	+	OR ANY RENT-TO-OWN23
	1343	+	CONTRACT, THE SELLER OF THE MOBILE HOME SHALL MAINTAIN
	1344	+	24
	1345	+	SEPARATE FINANCIAL RECORDS FOR EACH RENT -TO-OWN CONTRACT.25
	1346	+	(2)
	1347	+	THE SELLER OF THE MOBILE HOME SHALL PROVIDE THE
	1348	+	26
	1349	+	PURCHASER WITH EITHER AN ANNUAL ACCOUNTING RELATED TO THE27
	1350	+	1294
	1351	+	-39- RENT-TO-OWN CONTRACT OR A DISCLOSURE THAT THE BUYER IS ENTITLED1
	1352	+	TO REQUEST AND RECEIVE AN ANNUAL ACCOUNTING OF THEIR RENT TO2
	1353	+	OWN CONTRACT. THE ACCOUNTING OR THE DISCLOSURE IS DUE TO THE3
	1354	+	PURCHASER EACH YEAR WITHIN TEN DAYS OF THE ANNIVERSARY DATE OF4
	1355	+	THE RENT-TO-OWN CONTRACT. IF REQUESTED, THE ANNUAL ACCOUNTING5
	1356	+	SHALL BE PROVIDED WITHIN TEN DAYS UPON THE RECEIPT OF A REQUEST6
	1357	+	FOR ACCOUNTING. AT A MINIMUM, ANY ACCOUNTING PROVIDED SHALL7
	1358	+	DISCLOSE THE TOTAL AMOUNT IN PURCHASE PAYMENTS MADE , THE TOTAL8
	1359	+	AMOUNT OF THE PURCHASE PRICE REMAINING TO BE PAID , AND ANY9
	1360	+	EXPENSES PAID BY THE SELLER DURING THE ACCOUNTING PERIOD TO10
	1361	+	REPAIR OR MAINTAIN THE MOBILE HOME . THE ACCOUNTING OR THE11
	1362	+	DISCLOSURE SHALL BE PROVIDED TO THE PURCHASER IN ENGLISH OR12
	1363	+	E
	1364	+	NGLISH AND SPANISH, AS REQUESTED BY THE PURCHASER .
	1365	+	13
	1366	+	38-12-1306. Sale of mobile home park. A
	1367	+	SUCCESSOR OWNER OF14
	1368	+	A MOBILE HOME PARK IS BOUND BY THE TERMS OF ANY RENT -TO-OWN15
	1369	+	CONTRACT ENTERED INTO BY THE PRIOR OWNER OF THE PARK AS OF THE16
	1370	+	DATE OF THE CHANGE IN PARK OWNERSHIP . A PURCHASER WITH A VALID17
	1371	+	RENT-TO-OWN CONTRACT MAY , FOR ANY REASON , TERMINATE THE18
	1372	+	RENT-TO-OWN CONTRACT WITH A PARK OWNER AND ANY SUCCESSOR19
	1373	+	OWNER UPON A CHANGE IN THE OWNERSHIP OF THE PARK .20
	1374	+	38-12-1307. Unfounded or retaliatory evictions. (1) F
	1375	+	OR ANY21
	1376	+	RENT-TO-OWN CONTRACT, IF THE SELLER OF THE MOBILE HOME EVICTS OR22
	1377	+	ATTEMPTS TO EVICT A PURCHASER FOR ANY WRONGFUL OR RETALIATORY23
	1378	+	REASON OR ANY REASON UNSUPPORTED BY THE PROVISIONS OF SECTIONS24
	1379	+	38-12-203
	1380	+	AND 38-12-204, THE PURCHASER IS ENTITLED TO RECOVER25
	1381	+	TREBLE DAMAGES. FOR PURPOSES OF CALCULATING DAMAGES , THE26
	1382	+	MINIMUM AMOUNT OF DAMAGES IS AT LEAST THE AMOUNT OF PURCHASE27
	1383	+	1294
	1384	+	-40- PAYMENTS THEN MADE BY THE PURCHASER . IN ADDITION TO MINIMUM1
	1385	+	DAMAGES, THE PURCHASER IS ALSO ENTITLED TO ANY OTHER ACTUAL2
	1386	+	DAMAGES.3
1320	1387		(2) I
1321		-	F A SELLER EVICTS OR ATTEMPTS TO EVICT A PURCHASER FOR
1322		-	ANY WRONGFUL OR RETALIATORY REASON OR ANY REASON UNSUPPORTED
1323		-	BY THE PROVISIONS OF SECTIONS
1324		-	38-12-203 AND 38-12-204, A COURT SHALL
1325		-	AWARD ATTORNEY
1326		-	'S FEES AND EXPENSES TO THE PURCHASER .
1327		-	38-12-1408. Rent-to-own contract - conclusion. (1) F
1328		-	OR ANY
1329		-	RENT
1330		-	-TO-OWN CONTRACT, WITHIN TEN DAYS OF RECEIVING THE FINAL
1331		-	PURCHASE PAYMENT
1332		-	, THE SELLER MUST ASSIGN THE TITLE TO THE MOBILE
1333		-	HOME TO THE PURCHASER AND PROVIDE THE PURCHASER ALL DOCUMENTS
1334		-	IN THE SELLER
1335		-	'S CONTROL NECESSARY FOR THE PURCHASER TO TRANSFER
1336		-	TITLE TO THE MOBILE HOME
1337		-	. THE SELLER SHALL ASSIGN THE TITLE TO THE
1338		-	MOBILE HOME WITHOUT PLACING ANY RESTRICTIONS ON THE TITLE OR ON
1339		-	PAGE 28-HOUSE BILL 24-1294 THE BUYER'S OWNERSHIP RIGHTS TO THE MOBILE HOME .
	1388	+	F A SELLER EVICTS OR ATTEMPTS TO EVICT A PURCHASER FOR4
	1389	+	ANY WRONGFUL OR RETALIATORY REASON OR ANY REASON UNSUPPORTED5
	1390	+	BY THE PROVISIONS OF SECTIONS 38-12-203 AND 38-12-204, A COURT6
	1391	+	SHALL AWARD ATTORNEY 'S FEES AND EXPENSES TO THE PURCHASER .7
	1392	+	38-12-1308. Rent-to-own contract - conclusion. (1) F
	1393	+	OR ANY8
	1394	+	RENT-TO-OWN CONTRACT, WITHIN TEN DAYS OF RECEIVING THE FINAL
	1395	+	9
	1396	+	PURCHASE PAYMENT, THE SELLER MUST ASSIGN THE TITLE TO THE MOBILE10
	1397	+	HOME TO THE PURCHASER AND PROVIDE THE PURCHASER ALL DOCUMENTS11
	1398	+	IN SELLER'S CONTROL NECESSARY FOR PURCHASER TO TRANSFER TITLE TO12
	1399	+	THE MOBILE HOME. THE SELLER SHALL ASSIGN THE TITLE TO THE MOBILE13
	1400	+	HOME WITHOUT PLACING ANY RESTRICTIONS ON THE TITLE OR ON THE14
	1401	+	BUYER'S OWNERSHIP RIGHTS TO THE MOBILE HOME .15
1340	1402		(2) B
1341		-	EFORE ASSIGNING THE TITLE OF A MOBILE HOME TO THE
1342		-	PURCHASER
1343		-	, THE SELLER MUST PAY ANY THEN -OWED PROPERTY TAXES
1344		-	ASSESSED ON THE MOBILE HOME OR PROVIDE A CREDIT TO THE PURCHASER
1345		-	,
1346		-	PRORATED TO THE DATE THAT THE MOBILE HOME 'S TITLE IS ASSIGNED TO THE
1347		-	PURCHASER
1348		-	.
	1403	+	EFORE ASSIGNING
	1404	+	THE TITLE OF A MOBILE HOME TO THE16
	1405	+	PURCHASER, THE SELLER MUST PAY ANY THEN -OWED PROPERTY TAXES17
	1406	+	ASSESSED ON THE MOBILE HOME OR PROVIDE A CREDIT TO THE18
	1407	+	PURCHASER, PRORATED TO THE DATE THAT THE MOBILE HOME 'S TITLE IS19
	1408	+	ASSIGNED TO THE PURCHASER.20
1349	1409		(3) A
1350		-	SELLER SHALL NOT IMPOSE ANY OTHER FEES , CHARGES, OR
1351		-	OTHER COSTS ON THE PURCHASE OF A MOBILE HOME AS A CONDITION OF
1352		-	CONCLUDING THE RENT
1353		-	-TO-OWN CONTRACT.
	1410	+	SELLER SHALL NOT IMPOSE ANY OTHER FEES , CHARGES, OR21
	1411	+	OTHER COSTS ON THE PURCHASE OF A MOBILE HOME AS A CONDITION OF22
	1412	+	CONCLUDING THE RENT-TO-OWN CONTRACT.23
1354	1413		(4) I
1355		-	N ADDITION TO ALL OTHER REMEDIES AVAILABLE PURSUANT TO
1356		-	SECTION
1357		-	38-12-220 AND OTHER STATE LAW, IF THE SELLER OF A MOBILE
1358		-	HOME HAS FAILED TO PROPERLY REPAIR OR MAINTAIN THE MOBILE HOME AS
1359		-	REQUIRED BY SECTION
1360		-	38-12-1403 AT THE TIME THE PURCHASER OF A
1361		-	MOBILE HOME MAKES THE FINAL PAYMENT UNDER THE RENT
1362		-	-TO-OWN
1363		-	CONTRACT
1364		-	, THE PURCHASER MAY EXERCISE THE PURCHASER 'S RIGHT OF
1365		-	PRIVATE ACTION PURSUANT TO SECTION
1366		-	38-12-220. IF THE PURCHASER
1367		-	PREVAILS
1368		-	, IN ADDITION TO DAMAGES AVAILABLE PURSUANT TO SECTION
1369		-	38-12-220, A COURT MAY AWARD TREBLE DAMAGES IF THE COURT
1370		-	DETERMINES THAT THE SELLER
1371		-	'S FAILURE TO REPAIR OR MAINTAIN THE
1372		-	MOBILE HOME WAS NEGLIGENT OR WILLFUL
1373		-	.
1374		-	38-12-1409. Supremacy clause. A
1375		-	NY PROVISION OF THIS PART 14
1376		-	IS UNENFORCEABLE TO THE EXTENT THAT IT CONFLICTS WITH A FEDERAL
1377		-	LAW OR FEDERAL REGULATION
1378		-	.
1379		-	SECTION 19. In Colorado Revised Statutes, 24-31-101, amend
1380		-	(1)(i)(XVII) and (1)(i)(XVIII); and add (1)(i)(XXII) as follows:
1381		-	24-31-101. Powers and duties of attorney general. (1) The
1382		-	attorney general:
1383		-	(i) May independently initiate and bring civil and criminal actions
1384		-	to enforce state laws, including actions brought pursuant to:
1385		-	(XVII) The "Rental Application Fairness Act", part 9 of article 12
1386		-	of title 38; and
1387		-	PAGE 29-HOUSE BILL 24-1294 (XVIII) The "Reproductive Health Equity Act", part 4 of article 6
1388		-	of title 25;
1389		-	AND
1390		-	(XXII) PART 14 OF ARTICLE 12 OF TITLE 38.
1391		-	SECTION 20. Appropriation. (1) For the 2024-25 state fiscal
1392		-	year, $40,966 is appropriated to the department of law. This appropriation
1393		-	is from reappropriated funds received from the department of local affairs
1394		-	from the mobile home park act dispute resolution and enforcement program
1395		-	fund created in section 38-12-1110 (1), C.R.S., and is based on an
1396		-	assumption that the department of law will require an additional 0.2 FTE.
1397		-	To implement this act, the department may use this appropriation to provide
1398		-	legal services for the department of local affairs.
1399		-	SECTION 21. Applicability. Section 18 of this act applies to
1400		-	rent-to-own mobile home contracts formed on or after June 30, 2024.
1401		-	SECTION 22. Effective date. This act takes effect June 30, 2024;
1402		-	except that sections 1, 6, 8, 14, 15, 17, 20, 21, this section 22, 23, and
1403		-	section 38-12-212.3 (1) and (2), Colorado Revised Statutes, as amended in
1404		-	section 9 of this act, and sections 38-12-214 (2), (2.5), (2.7), and (3),
1405		-	Colorado Revised Statutes, as amended in section 13 of this act, take effect
1406		-	upon passage.
1407		-	SECTION 23. Safety clause. The general assembly finds,
1408		-	determines, and declares that this act is necessary for the immediate
1409		-	preservation of the public peace, health, or safety or for appropriations for
1410		-	PAGE 30-HOUSE BILL 24-1294 the support and maintenance of the departments of the state and state
1411		-	institutions.
1412		-	____________________________ ____________________________
1413		-	Julie McCluskie Steve Fenberg
1414		-	SPEAKER OF THE HOUSE PRESIDENT OF
1415		-	OF REPRESENTATIVES THE SENATE
1416		-	____________________________ ____________________________
1417		-	Robin Jones Cindi L. Markwell
1418		-	CHIEF CLERK OF THE HOUSE SECRETARY OF
1419		-	OF REPRESENTATIVES THE SENATE
1420		-	APPROVED________________________________________
1421		-	(Date and Time)
1422		-	_________________________________________
1423		-	Jared S. Polis
1424		-	GOVERNOR OF THE STATE OF COLORADO
1425		-	PAGE 31-HOUSE BILL 24-1294
	1414	+	N ADDITION TO ALL OTHER REMEDIES AVAILABLE PURSUANT24
	1415	+	TO SECTION 38-12-220 AND OTHER STATE LAW, IF THE SELLER OF A MOBILE25
	1416	+	HOME HAS FAILED TO PROPERLY REPAIR OR MAINTAIN THE MOBILE HOME26
	1417	+	AS REQUIRED BY SECTION 38-12-1303 AT THE TIME THE PURCHASER OF A27
	1418	+	1294
	1419	+	-41- MOBILE HOME MAKES THE FINAL PAYMENT UNDER THE RENT -TO-OWN1
	1420	+	CONTRACT, THE PURCHASER MAY EXERCISE THE PURCHASER 'S RIGHT OF2
	1421	+	PRIVATE ACTION PURSUANT TO SECTION 38-12-220. IF THE PURCHASER3
	1422	+	PREVAILS, IN ADDITION TO DAMAGES AVAILABLE PURSUANT TO SECTION4
	1423	+	38-12-220,
	1424	+	A COURT MAY AWARD TREBLE DAMAGES IF THE COURT5
	1425	+	DETERMINES THAT THE SELLER 'S FAILURE TO REPAIR OR MAINTAIN THE6
	1426	+	MOBILE HOME WAS NEGLIGENT OR WILLFUL .7
	1427	+	38-12-1309. Supremacy clause. A
	1428	+	NY PROVISION OF THIS PART 13
	1429	+	8
	1430	+	IS UNENFORCEABLE TO THE EXTENT THAT IT CONFLICTS WITH A FEDERAL9
	1431	+	LAW OR FEDERAL REGULATION .10
	1432	+	SECTION 19. In Colorado Revised Statutes, 24-31-101, amend11
	1433	+	(1)(i)(XVII) and (1)(i)(XVIII); and add (1)(i)(XIX) as follows:12
	1434	+	24-31-101. Powers and duties of attorney general. (1) The13
	1435	+	attorney general:14
	1436	+	(i) May independently initiate and bring civil and criminal actions15
	1437	+	to enforce state laws, including actions brought pursuant to:16
	1438	+	(XVII) The "Rental Application Fairness Act", part 9 of article 1217
	1439	+	of title 38; and18
	1440	+	(XVIII) The "Reproductive Health Equity Act", part 4 of article19
	1441	+	6 of title 25;
	1442	+	AND20
	1443	+	(XIX) P
	1444	+	ART 13 OF ARTICLE 12 OF TITLE 38.21
	1445	+	SECTION 20. Appropriation. (1) For the 2024-25 state fiscal22
	1446	+	year, $40,966 is appropriated to the department of law. This appropriation23
	1447	+	is from reappropriated funds received from the department of local affairs24
	1448	+	from the mobile home park act dispute resolution and enforcement25
	1449	+	program fund created in section 38-12-1110 (1), C.R.S., and is based on26
	1450	+	an assumption that the department of law will require an additional 0.227
	1451	+	1294
	1452	+	-42- FTE. To implement this act, the department may use this appropriation to1
	1453	+	provide legal services for the department of local affairs.2
	1454	+	SECTION 21. Applicability. Section 18 of this act applies to3
	1455	+	rent-to-own mobile home contracts formed on or after June 30, 2024.4
	1456	+	SECTION 22. Effective date. This act takes effect June 30,5
	1457	+	2024; except that sections 1, 6, 8, 14, 15, 17, 20, 21, this section 22, 23,6
	1458	+	and section 38-12-212.3 (1) and (2), Colorado Revised Statutes, as7
	1459	+	amended in section 9 of this act, and sections 38-12-214 (2), (2.5), (2.7),8
	1460	+	and (3), Colorado Revised Statutes, as amended in section 13 of this act,9
	1461	+	take effect upon passage.10
	1462	+	SECTION 23. Safety clause. The general assembly finds,11
	1463	+	determines, and declares that this act is necessary for the immediate12
	1464	+	preservation of the public peace, health, or safety or for appropriations for13
	1465	+	the support and maintenance of the departments of the state and state14
	1466	+	institutions.15
	1467	+	1294
	1468	+	-43-