New Protections for Mobile Home Park Residents
Residents of Colorado mobile home parks have new protections under a new law that passed this legislative session. Voces Unidas supported this bill during the 2022 legislative session.
Here is a summary of the legislation:
What it is: Protections For Mobile Home Park Residents (HB22-1287)
What it does: Amends the Mobile Home Park Act and the Mobile Home Park Act Dispute Resolution and Enforcement Program to accomplish the following:
Prohibits a landlord from increasing lot rent if the park is not in compliance with other applicable laws and state registration processes including if there is pending legal action or investigations underway by the Attorney General or DOLA;
Provides a 12-month time period in which a park owner must give residents notice if the owner decides to change the use of the park and requires the owner to either provide assistance with relocation costs or pay for the fair market value of the mobile home if it cannot be moved;
Ensures the majority of communications from landlords to residents is in English and Spanish, including notices of water billing, educational materials on resident rights, and other such notices;
Prohibits a landlord from taking retaliatory action against a home owner or resident for participating in a decision-making process concerning purchasing the mobile home park;
Prohibits a rental agreements from requiring a home owner to waive the opportunity to purchase the park as required by current law;
Requires that park owners maintain records related to rent increases, lease agreements, and park rules and regulations;
Extends many of the protections afforded to mobile homeowners to non-owner residents and permits residents, local governments, and nonprofit organizations to file complaints with DREP beginning July 1, 2024; and
Allows a homeowner to file a complaint or a civil action and entitles them to a penalty award if their landlord threatens eviction for an action that is not grounds for termination.
Opportunity to Purchase (O2P)
Extends the time period from 90 to 120 days that residents have to consider and clarifies the information and forms that residents receive related to an O2P;
Requires notices and information to be in both Spanish and English;
Allows residents to assign their opportunity to purchase to a public entity, such as a nonprofit, municipality or land trust that can then proceed on their behalf and the public entity has 120 days to respond to the seller; and
Prohibits a seller of a park from considering the type of financing that an offer to buy the park might have.
Department of Local Affairs (DOLA)
DOLA may adjust fees in order to offset the cost of oversight and monitoring of the program; and
Gives the Division of Housing in DOLA the bandwidth and authority to conduct investigations, issue cease and desist orders, and levy fines if appropriate.
Attorney General’s Office
Creates the authority for the Attorney General’s office as part of the duty of consumer protection to enforce, investigate, and bring legal action for violations of the Mobile Home Park Act, the Mobile Home Park Dispute Resolution Program, and the Mobile Home Owner Opportunity to Purchase provisions.
When does the new law takes effect: October 1, 2022
Other information of note: In the course of HB1287’s consideration by the Legislature, rent-stabilization was removed. In the face of skyrocketing rents for mobile home park owners in the central mountains, we know it’s an important issue to continue advocating for and and will continue to do so in the future.
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