HomeMy WebLinkAbout20194411.tiff I OFFICE OF BOARD OF COMMISSIONERS
r, -y 18,4,0 _,. PHONE: 970-336-7204
®®- FAX: 970-336-7233
1 \'� I;/� "ii--N1 a\� 1150 O STREET
�' � fl ` P.O. Box 7s8
-`� i GREELEY, COLORADO 80632
October 1, 2019
Joan Cox
Kersey Mobile Home Park
800 1St Street, #16
Kersey, CO 80644
Dear Ms. Cox,
Thank you for reaching out to the County for information pertaining to House Bill 19-1309 (Mobile Home
Park Act). This bill was signed into law on May 23, 2019 and attempts to establish three(3)key provisions:
1) Provides mobile home owners additional time to sell or move their homes by extending the
time to vacate the mobile home park after the court enters an eviction order;
2) Allows counties to ensure the Act is upheld by granting county boards of commissioners
additional permissive authority to regulate and enforce regulations of mobile home parks
through the unincorporated areas of the counties; and
3) Establishes the Mobile Home Park Act Dispute Resolution & Enforcement Program
("Program") to support better communication and promote mutual understanding between
mobile home owners and mobile home park owners, management, and landlords.
Prior to the passage of this bill, we monitored it's progress, but ultimately opposed the bill because we no
longer permit mobile home parks in the"A"Agricultural Zone District.The few mobile home parks we have
are shown on the attached map. We also feel that we have adequate ordinances to address the provisions under
the bill without State interference. With that said, the Commissioners recognize the importance of providing
many housing options to our residents and we revised the Weld County County Code this year to accommodate
manufactured housing as a permitted use under the R-5 "Manufactured Home Residential" Zone District.
Details about this district can be found under Chapter 23,Section 23-3-150 of the County Code.You can find
our code online by going to www.weldgov.com. You may also reach out to the Department of Planning
Services who can assist you further.
Again,thank you for reaching out to us.
Sincerely,
BOARD OF COUNTY COMMISSIONERS
6"4"--
Barbara Kirkmeyer, Chair
C: Tom Parko, Weld County Director of Planning Services 2019-4411
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Disclaimer _ _ J/
This product has been developed solely for internal use only by Weld County I '
The GIS database appncatans and data in the product is subject to constant change and the accuracy
and completeness cannot be and is not guaranteed. The aesignabon of lots or parcels or land uses in ��1 a
the database does not imply that the lots or parcels were legally created or that the land uses v ' rr • Wit
comply with applicable State or Local Law UNDER NO CIRCUMSTANCE SHALL ANY PART THE
PRODUCT BE USED FOR FINAL DESIGN PURPOSES. WELD COUNTY MAKES NO WARRANTIES ! • Weld County
OR GUARANTEES. EITHER EXPRESSED OR IMPLIED AS TO THE COMPLETENESS. ACCURACY.
OR CORRECTNESS OF SUCH PRODUCT. NOR ACCEPTS ANY LIABILITY, ARISING FROM ANY I Planning Services
INCORRECT, INCOMPLETE OR MISLEADING INFORMATION CONTAINED THEREINOa= BRIGHTON L 0 CH = UIE 9/19/19
County Commissioners adopt and enforce in unincorporated reas of the county - Yahoo ... Page 1 O1
County Commissioners adopt and enforce in unincorporated areas of the county
Aug 8 at 10:16 AM
Joanie
(2)U).SECTION 3.In Colorado Revised Statutes,add 30-11-128 as follows:30-11-128.Mobile home parks-definition.
(1)THE BOARD OF COUNTY COMMISSIONERS OF EACH COUNTY HAS THE POWER TO ADOPT,ADMINISTER,AND ENFORCE
ORDINANCES AND RESOLUTIONS TO PROVIDE FOR THE SAFE AND EQUITABLE OPERATION OF MOBILE HOME PARKS
THROUGHOUT THE UNINCORPORATED AREAS OF THE COUNTY.THESE ORDINANCES AND RESOLUTIONS MAY BE ENACTED
WITHIN THE SCOPE OF THE"MOBILE HOME PARK ACT",
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https://mail.yahoo.com/b/folders/1/messages/AIRhVFJCLfBfXUxK-wOV-LaSUpA?.src=... 8/30/201
Mobile Home Park Act Oversight: New law as of May 23, 2019 - Yahoo Mail Page 1 of 1
•
Mobile Home Park Act Oversight:New law as of May 23,2019 paleojoans77@ya.../Inbox
Jul 8 at 10:07 AM
Joanie:I have included a summary of the new law,a link to the web page,and I attached a pdf file of the document so that you can print it
out at the library.
This is the summary of the law:
HB19-1309
Mobile Home Park Act Oversight
Concerning the regulation of mobile home parks,and,in connection therewith,granting counties the power to enact ordinances for mobile home parks,
extending the time to move or sell a mobile home after eviction proceedings,creating the"Mobile Home Park Act Dispute Resolution and Enforcement
Program",and making_an appropriation.
SESSION:2019 Regular Session
SUBJECT:Housing
BILL SUMMARY
The bill provides protections for mobile home owners by:
Granting counties and municipalities the power to enact certain ordinances for mobile home parks;
Extending the time period between the notice of nonpayment of rent and the termination of any tenancy or other estate at will or
lease in a mobile home park;and
Extending the time a mobile home owner has to vacate a mobile home park after a court enters an eviction order.
The bill also creates the"Mobile Ilome Park Act Dispute Resolution and Enforcement Program"(program).The program
authorizes the division of housing of the department ot•local affairs to:
Register mobile home parks;
Collect a registration fee from mobile home parks;
Collect and annually report upon data related to disputes and violations of the"Mobile Home l'ark Act"(act);
Produce and distribute educational materials concerning the act and the program;
Create and maintain a database of mobile home parks; •
Create and maintain a database to manage the program;and
Take complaints,conduct investigations,make determinations,impose penalties,and participate in administrative dispute
resolutions when there are alleged violations of the act.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)
This is the web link to the new Mobile Home Park act that was signed into law by Polis on May 23,2019. I also attached attached the
document as a separate pdf file if you have any difficulty printing from the link.
httos://leg.colorado.gov/sites/default/files/2019a 1309 signed.odf
1 File 954.2kB
1 2019a_1309_signed Mobile Home.pdf
954kB
https://mail.yahoo.com/b/folders/1/messages/AKbelj 0u 1 PRPXSNgPgeo8Pbj Gto?.src=ym&r... 7/8/2019
HOUSE BILL 19-1309
BY REPRESENTATIVE(S)Hooton and McCluskie,Arndt,Bird,Buckner,
Buentello, Caraveo, Cutter, Duran, Exum, Galindo, Herod, Jackson,
Kennedy,Kipp,Melton,Michaelson Jenet,Mullica,Roberts,Singer,Sirota,
Snyder, Sullivan, Tipper, Valdez A., Weissman, Becker;
also SENATOR(S)Fenberg and Lee,Donovan, Ginal, Gonzales, Moreno,
Story, Todd.
CONCERNING THE REGULATION OF MOBILE HOME PARKS, AND, IN
CONNECTION THEREWITH, GRANTING COUNTIES THE POWER TO ENACT
ORDINANCES FOR MOBILE HOME PARKS,EXTENDING THE TIME TO MOVE OR
SELL A MOBILE HOME AFTER EVICTION PROCEEDINGS, CREATING THE
"MOBILE HOME PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT
PROGRAM",AND MAKING AN APPROPRIATION.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. (1) The general assembly
hereby finds and declares that:
(a) Mobile homes,manufactured housing,and factory-built housing
are important and effective ways to meet Colorado's affordable housing
needs;
Capital letters or bold& italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(b) As of2018,more than 100,000 Coloradans live in manufactured
homes;
(c) As of 2015, the median income for Coloradans living in
manufactured homes is $39,000;
(d) The department of regulatory agencies' 2018 "Sunrise Review:
Manufactured Housing Community Owners and Managers" found that:
"Clearly, harm is occurring in manufactured housing communities...The
harm largely stems from the lack of enforcement of existing laws, bad
actors exploiting a relatively loose regulatory structure, and the inevitable
tension that arises when the house belongs to one person but the land
beneath it belongs to someone else."
(e) Moving mobile homes is costly and it is challenging to find an
alternative mobile home park with vacancies willing to accept a mobile
home. In some instances, a mobile home owner may not be able to move
their mobile home because of the mobile home's age and condition. A
mobile home owner may be forced to sell their home for an unreasonably
low price due to the abbreviated timeline to move it or the inability to do so.
Extending the time to vacate,move,or sell the home provides adequate time
for home owners to sell or move their homes without experiencing a
needless loss of property or equity.
(f) Both mobile home owners who rent a space for their mobile
home in a mobile home park and mobile home landlords have important
rights and responsibilities under the "Mobile Home Park Act", part 2 of
article 12 of title 38, Colorado Revised Statutes;
(g) Although mobile home owners and mobile home park landlords
may pursue litigation to contest a violation of the"Mobile Home Park Act",
the litigation process can be expensive, cumbersome, and more time
consuming than an administrative regulatory and dispute resolution process;
and
(h) Local communities, both home rule and statutory, play an
important role in ensuring that the "Mobile Home Park Act" is upheld,but
counties lack the power to enact the ordinances necessary to adequately
fulfill this role.
PAGE 2-HOUSE BILL 19-1309
(2) Therefore, it is the intent of the general assembly to:
(a) Provide mobile home owners additional time to either sell or
move their mobile homes by extending the time a mobile home owner has
to vacate a mobile home park after a court enters an eviction order;
(b) Allow counties to play a similar role as home rule cities in
ensuring that the "Mobile Home Park Act" is upheld by granting county
boards of commissioners additional permissive authority to regulate and
enforce regulations of mobile home parks throughout the counties'
unincorporated areas; and
(c) Support better communication and promote mutual
understanding between mobile home landlords, management, and home
owners by creating the "Mobile Home Park Act Dispute Resolution and
Enforcement Program".
SECTION 2. In Colorado Revised Statutes,24-32-705, add (1)(u)
as follows:
24-32-705. Functions of division. (1) The division has the
following functions:
(u) To ENFORCE THE PROVISIONS OF THE"MOBILE HOME PARK ACT"
CREATED IN PART 2 OF ARTICLE 12 OF TITLE 38 AND THE "MOBILE HOME
PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM"CREATED
IN PART 1 1 OF ARTICLE 12 OF TITLE 38,AND THE RULES AND REGULATIONS
ADOPTED PURSUANT TO SECTION 38-12-1104 (2)(j).
SECTION 3. In Colorado Revised Statutes, add 30-11-128 as
follows:
30-11-128. Mobile home parks - definition. (1) THE BOARD OF
COUNTY COMMISSIONERS OF EACH COUNTY HAS THE POWER TO ADOPT,
ADMINISTER,AND ENFORCE ORDINANCES AND RESOLUTIONS TO PROVIDE FOR
THE SAFE AND EQUITABLE OPERATION OF MOBILE HOME PARKS THROUGHOUT
THE UNINCORPORATED AREAS OF THE COUNTY. THESE ORDINANCES AND
RESOLUTIONS MAY BE ENACTED WITHIN THE SCOPE OF THE"MOBILE HOME
PARK ACT",PART 2 OF ARTICLE 12 OF TITLE 38,AND FURTHER AS THE BOARD
DEEMS NECESSARY TO PROTECT HOME OWNERS' EQUITY IN THE SAFE USE
PAGE 3-HOUSE BILL 19-1309
AND ENJOYMENT OF THE MOBILE HOMES AND MOBILE HOME LOTS,
INCLUDING BUT NOT LIMITED TO THE IMPOSITION OF PENALTIES OR ADOPTION
OF A LOCAL REGISTRATION SYSTEM.
(2) EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, AN
ORDINANCE OR RESOLUTION ENACTED BY A COUNTY'S BOARD OF COUNTY
COMMISSIONERS IS ONLY ENFORCEABLE WITHIN THE UNINCORPORATED AREA
OF THE COUNTY.
(3) ONE OR MORE CONTIGUOUS COUNTIES AND ANY MUNICIPALITY
OR TOWN WITHIN EACH COUNTY MAY ENTER INTO INTERGOVERNMENTAL
AGREEMENTS TO EXTEND THE APPLICABILITY OF ANY ORDINANCE OR
RESOLUTION ADOPTED UNDER THIS SECTION TO AND THROUGHOUT ANY
PARTICIPATING COUNTY,MUNICIPALITY,OR TOWN.
(4) FOR PURPOSES OF THIS SECTION, "HOME OWNER", "LANDLORD",
"MOBILE HOME","MOBILE HOME LOT",AND"MOBILE HOME PARK"HAVE THE
SAME MEANING AS THEY ARE DEFINED IN SECTION 38-12-201.5.
SECTION 4. In Colorado Revised Statutes, add part 11 to article
15 of title 31 as follows:
PART 11
MOBILE HOME PARKS
31-15-1101. Mobile home parks-definition.(1) THE GOVERNING
BODY OF ANY MUNICIPALITY HAS THE POWER TO ADOPT,ADMINISTER,AND
ENFORCE ORDINANCES AND RESOLUTIONS TO PROVIDE FOR THE SAFE AND
EQUITABLE OPERATION OF MOBILE HOME PARKS THROUGHOUT THE
MUNICIPALITY. THESE ORDINANCES AND RESOLUTIONS MAY BE ENACTED
WITHIN THE SCOPE OF THE"MOBILE HOME PARK ACT", PART 2 OF ARTICLE
12 OF TITLE 38,AND FURTHER AS THE MUNICIPALITY DEEMS NECESSARY TO
PROTECT HOME OWNERS'EQUITY IN THE SAFE USE AND ENJOYMENT OF THE
MOBILE HOMES AND MOBILE HOME LOTS, INCLUDING BUT NOT LIMITED TO
THE IMPOSITION OF PENALTIES OR ADOPTION OF A LOCAL REGISTRATION
SYSTEM.
(2) EXCEPT AS PROVIDED IN SUBSECTION (3) OF THIS SECTION, AN
ORDINANCE OR RESOLUTION ENACTED BY A MUNICIPALITY'S GOVERNING
BODY IS ONLY ENFORCEABLE WITHIN THE MUNICIPALITY.
PAGE 4-HOUSE BILL 19-1309
(3) ONE OR MORE CONTIGUOUS COUNTIES AND ANY MUNICIPALITY
OR TOWN WITHIN EACH COUNTY MAY ENTER INTO INTERGOVERNMENTAL
AGREEMENTS TO EXTEND THE APPLICABILITY OF ANY ORDINANCE OR
RESOLUTION ADOPTED UNDER THIS SECTION TO AND THROUGHOUT ANY
PARTICIPATING COUNTY,MUNICIPALITY,OR TOWN.
(4) FOR PURPOSES OF THIS PART 11, "HOME OWNER", "LANDLORD",
"MOBILE HOME","MOBILE HOME LOT",AND"MOBILE HOME PARK"HAVE THE
SAME MEANING AS THEY ARE DEFINED IN SECTION 38-12-201.5.
SECTION 5. In Colorado Revised Statutes, 38-12-201.5, amend
the introductory portion as follows:
38-12-201.5. Definitions. As used in this part 2 AND IN PART 11 OF
THIS TITLE 38, unless the context otherwise requires:
SECTION 6. In Colorado Revised Statutes,38-12-204, amend(1)
as follows:
38-12-204. Nonpayment of rent - notice required for rent
increase.(1) Any tenancy or other estate at will or lease in a mobile home
park may be terminated upon the landlord's written notice to the home
owner requiring, in the alternative, payment of rent or the removal of the
home owner's unit from the premises, within a period of not less than five
TEN days after the date notice is served or posted, for failure to pay rent
when due.
SECTION 7. In Colorado Revised Statutes, 38-12-204.3, amend
(2) as follows:
38-12-204.3. Notice required for termination. (2) The notice
required under this section shaff MUST be in at least ten-point type and shaft
MUST read as follows:
IMPORTANT NOTICE TO THE HOME OWNER:
This notice and the accompanying notice to quit/notice of
nonpayment of rent are the first steps in the eviction process. Any dispute
you may have regarding the grounds for eviction should be addressed with
your landlord or the management of the mobile home park or in the courts
PAGE 5-HOUSE BILL 19-1309
if an eviction action is filed.Please be advised that the"Mobile Home Park
Act",part 2 of article 12 of title 38,Colorado Revised Statutes,may provide
you with legal protection:
NOTICE TO QUIT: The landlord or management of a mobile home
park must serve to a home owner a notice to quit in order to terminate a
home owner's tenancy. The notice must be in writing and must contain
certain information, including:
• The grounds for the termination of the tenancy;
• Whether or not the home owner has a right to cure under the
"Mobile Home Park Act"; and
• That the home owner has a right u THE OPTION OF mediation
pursuant to section 38-12-216,Colorado Revised Statutes,of
the "Mobile Home Park Act".
NOTICE OF NONPAYMENT OF RENT: The landlord or
management of a mobile home park must serve to a home owner a notice
of nonpayment of rent in order to terminate a home owner's tenancy. The
notice must be in writing and must require that the home owner either make
payment of rent and any applicable fees due and owing or remove the
owner's unit from the premises, within a period of not less than fhe TEN
days after the date the notice is served or posted, for failure to pay rent
when due.
CURE PERIODS: If the home owner has a right to cure under the
"Mobile Home Park Act", the landlord or management of a mobile home
park cannot terminate a home owner's tenancy without first providing the
home owner with a time period to cure the noncompliance. "Cure"refers to
a home owner remedying, fixing, or otherwise correcting the situation or
problem that caused the tenancy to be terminated pursuant to sections
38-12-202, 38-12-203, or 38-12-204, Colorado Revised Statutes.
COMMENCEMENT OF LEGAL ACTION TO TERMINA FE THE
TENANCY: After the last day of the notice period, a legal action may be
commenced to take possession of the space leased by the home owner. In
order to evict a home owner, the landlord or management of the mobile
home park must prove:
PAGE 6-HOUSE BILL 19-1309
• The landlord or management complied with the notice
requirements of the "Mobile Home Park Act";
• The landlord or management provided the home owner with
a statement of reasons for termination of the tenancy; and
• The reasons for termination of the tenancy are true and valid
under the "Mobile Home Park Act".
A home owner must appear in court to defend against an eviction
action. If the court rules in favor of the landlord or management of the
mobile home park, the home owner will havt, HAS not less than 48 hours
THIRTY DAYS from the time of the ruling to EITHER remove OR SELL the
mobile home and to vacate the premises. If a tenancy is being ternrinated
pursuant to section 38-12-203 (1)(f), Colorado Revised Statutes,the home
owner shall have not less than 48 hours from the time of the ruling to
r erno ve the lionie and vacate the premises.In all other circumstances,If the
home owner wishes to extend such period beyond 48 hours THIRTY DAYS
but not more than thirty SIXTY days from the date of the ruling, the home
owner shall prepay to the landlord an amount equal to any total amount
declared by the court to be due to the landlord,as well as a pro rata share of
rent for each day following the EXPIRATION OF THE INITIAL THIRTY-DAY
PERIOD AFTERTHE court's ruling that the mobile home owner will remain on
the premises.All prepayments shall be paid by certified check,by cashier's
check, or by wire transfer and shall be paid no later than 48 bows THIRTY
DAYS after the court ruling. THIS SECTION DOES NOT PRECLUDE EARLIER
REMOVAL BY LAW ENFORCEMENT OFFICERS OF A MOBILE HOME OR ONE OR
MORE MOBILE HOME OWNERS OR OCCUPANTS FROM THE MOBILE HOME PARK
IF A MOBILE HOME OWNER VIOLATES ARTICLE 3,4, 6, 7, 9, 10, 12,OR 18 OF
TITLE 18 OR SECTION 16-13-303.
SECTION 8. In Colorado Revised Statutes, 38-12-208, amend
(1)(b) as follows:
38-12-208. Remedies. (1) (b) The notice of judgment s-ha I MUST
state that, at a specified time not less than forty-eight lr®urs THIRTY DAYS
from the entry of judgment, if a tenancy is being terminated pursuant to
section 38-12-203 (1)(f)and,in all other inAarlL.1.,,not lws than forty-eight
hours from the entry of judgment,which may be extended to not more than
thirty SIXTY days after the entry of judgment if the home owner has prepaid
PAGE 7-HOUSE BILL 19-1309
by certified che..k, by cashie['s cheJc, of by wire tiausfw no later than
forty-tight ln,tu, THIRTY DAYS after the court ruling to the landlord an
amount equal to any total amount declared by the court to be due to the
landlord, as well as a pro rata share of rent for each day following the
EXPIRATION OF THE INITIAL THIRTY-DAY PERIOD AFTER THE court's ruling
that the mobile home owner will remain on the premises,AND IN INSTANCES
WHERE THE MOBILE HOME MUST BE REMOVED FROM THE MOBILE HOME LOT,
the sheriff will SHALL return to serve a writ of restitution and superintend
the peaceful and orderly removal of the mobile home under that order of
court. The notice of judgment sire& MUST also advise the home owner, IN
INSTANCES WHERE THE MOBILE HOME MUST BE REMOVED FROM THE MOBILE
HOME LOT, to prepare the mobile home for removal from the premises by
removing the skirting,disconnecting utilities,attaching tires,and otherwise
making the mobile home safe and ready for highway travel.
SECTION 9. In Colorado Revised Statutes, add part 11 to article
12 of title 38 as follows:
PART 11
MOBILE HOME PARK ACT DISPUTE
RESOLUTION AND ENFORCEMENT PROGRAM
38-12-1101. Short title. THE SHORT TITLE OF THIS PART 11 IS THE
"MOBILE HOME PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT
PROGRAM".
38-12-1102. Legislative declaration.(1) THE GENERAL ASSEMBLY
HEREBY FINDS AND DECLARES THAT:
(a) THERE ARE FACTORS UNIQUE TO THE RELATIONSHIP BETWEEN
MOBILE HOME OWNERS AND MOBILE HOME PARK LANDLORDS;
(b) ONCE OCCUPANCY HAS COMMENCED, A MOBILE HOME OWNER
MAY BE SUBJECT TO VIOLATIONS OF THE"MOBILE HOME PARK ACT",PART
2 OF THIS ARTICLE 12, WITHOUT AN ADEQUATE REMEDY AT LAW BECAUSE
THE DIFFICULTY AND EXPENSE IN MOVING AND RELOCATING A MOBILE HOME
CAN AFFECT THE OPERATION OF MARKET FORCES AND LEAD TO AN
INEQUALITY OF THE BARGAINING POSITION OF THE PARTIES;
(c) TAKING LEGAL ACTION AGAINST A MOBILE HOME PARK
PAGE 8-HOUSE BILL 19-1309
LANDLORD FOR VIOLATIONS OF THE "MOBILE HOME PARK ACT"CAN BE A
COSTLY AND LENGTHY PROCESS,AND MANY MOBILE HOME OWNERS CANNOT
AFFORD TO PURSUE A COURT PROCESS TO VINDICATE STATUTORY RIGHTS.
MOBILE HOME PARK LANDLORDS WILL ALSO BENEFIT BY HAVING ACCESS TO
A PROCESS THAT RESOLVES DISPUTES QUICKLY AND EFFICIENTLY.
(2) THEREFORE, IT IS THE INTENT OF THE GENERAL ASSEMBLY TO
PROVIDE AN EQUITABLE AS WELL AS A LESS COSTLY AND MORE EFFICIENT
WAY FOR MOBILE HOME OWNERS AND MOBILE HOME PARK LANDLORDS TO
RESOLVE DISPUTES,AND TO PROVIDE A MECHANISM FOR STATE AUTHORITIES
TO QUICKLY LOCATE MOBILE HOME PARK LANDLORDS.
38-12-1103. Definitions. AS USED IN THIS PART 11, UNLESS THE
CONTEXT OTHERWISE REQUIRES:
(1) "ACT"MEANS THE"MOBILE HOME PARK ACT"CREATED IN PART
2 OF THIS ARTICLE 12.
(2) "COMPLAINANT"MEANS A LANDLORD OR HOME OWNER WHO HAS
FILED A COMPLAINT ALLEGING A VIOLATION OF THE ACT OR THE
COMPLAINANT'S AGENT, EMPLOYEE, OR REPRESENTATIVE AUTHORIZED TO
ACT ON THE COMPLAINANT'S BEHALF.
(3) "DIVISION" MEANS THE DIVISION OF HOUSING OF THE
DEPARTMENT OF LOCAL AFFAIRS.
(4) "FUND" MEANS THE MOBILE HOME PARK ACT DISPUTE
RESOLUTION AND ENFORCEMENT PROGRAM FUND CREATED IN SECTION
38-12-1110.
(5) "PENALTY" MEANS A MONETARY PENALTY LEVIED AGAINST A
COMPLAINANT OR RESPONDENT BECAUSE OF A VIOLATION OF EITHER THE
ACT OR THE PROGRAM.
(6) "PROGRAM" MEANS THE "MOBILE HOME PARK ACT DISPUTE
RESOLUTION AND ENFORCEMENT PROGRAM"CREATED IN THIS PART 11.
(7) "RESPONDENT"MEANS A LANDLORD OR HOME OWNER,ALLEGED
TO HAVE COMMITTED A VIOLATION OF THE ACT, OR THE RESPONDENT'S
AGENT, EMPLOYEE, OR REPRESENTATIVE AUTHORIZED TO ACT ON THE
PAGE 9-HOUSE BILL 19-1309
RESPONDENT'S BEHALF.
38-124104. Dispute resolution program- creation -division of
housing - duties - report - rules. (1) THE "MOBILE HOME PARK ACT
DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM"IS HEREBY CREATED.
(2) THE DIVISION SHALL:
(a) PRODUCE EDUCATIONAL MATERIALS REGARDING THE ACT AND
THE PROGRAM.THESE MATERIALS MUST BE IN BOTH ENGLISH AND SPANISH
AND MUST INCLUDE A NOTICE IN A FORMAT THAT A LANDLORD CAN
REASONABLY POST IN A MOBILE HOME PARK.THE NOTICE MUST SUMMARIZE
HOME OWNER RIGHTS AND RESPONSIBILITIES, PROVIDE INFORMATION ON
HOW TO FILE A COMPLAINT WITH THE DIVISION,DESCRIBE THE PROTECTIONS
AFFORDED HOME OWNERS UNDER SECTION 38-12-1105 (13), AND PROVIDE
A TOLL-FREE TELEPHONE NUMBER AND WEBSITE THAT LANDLORDS AND
HOME OWNERS CAN USE TO SEEK ADDITIONAL INFORMATION AND
COMMUNICATE COMPLAINTS SPECIFIC TO THE PROGRAM;
(b) DISTRIBUTE THE EDUCATIONAL MATERIALS DESCRIBED IN
SUBSECTION (2)(a) OF THIS SECTION TO ALL KNOWN LANDLORDS AND, AS
REQUESTED,TO ANY COMPLAINANTS OR RESPONDENTS;
(c) ENSURE THAT LANDLORDS POST THE NOTICE PROVIDED IN
SUBSECTION (2)(a) OF THIS SECTION IN A CLEARLY VISIBLE LOCATION IN
COMMON AREAS OF MOBILE HOME PARKS,INCLUDING ANY COMMUNITY HALL
OR RECREATION HALL;
(d) ENFORCE A PENALTY IF THE DIVISION DISCOVERS THAT THE
LANDLORD HAS NOT APPROPRIATELY POSTED THE NOTICE PROVIDED IN
SUBSECTION (2)(a) OF THIS SECTION IN ACCORDANCE WITH THE
REQUIREMENTS OF SUBSECTION (2)(c) OF THIS SECTION;
(e) CREATE AND MAINTAIN A REGISTRATION DATABASE OF MOBILE
HOME PARKS;
(f) CREATE AND MAINTAIN A DATABASE OF MOBILE HOME PARKS
THAT HAVE HAD COMPLAINTS FILED AGAINST THEM UNDER THE PROGRAM;
(g) PROVIDE AN ANNUAL REPORT TO THE TRANSPORTATION AND
PAGE 10-HOUSE BILL 19-1309
LOCAL GOVERNMENT COMMITTEE OF THE HOUSE OF REPRESENTATIVES,OR
ITS SUCCESSOR COMMITTEE,THE LOCAL GOVERNMENT COMMITTEE OF THE
SENATE, OR ITS SUCCESSOR COMMITTEE, AND TO THE DEPARTMENT OF
REGULATORY AGENCIES, AND PUBLISH THAT ANNUAL REPORT ON THE
DIVISION'S OFFICIAL WEBSITE;
(h) RECEIVE COMPLAINTS AND PERFORM DISPUTE RESOLUTION
ACTIVITIES RELATED TO THE PROGRAM, INCLUDING INVESTIGATIONS,
NEGOTIATIONS, DETERMINATIONS OF VIOLATIONS, AND IMPOSITION OF
PENALTIES AS DESCRIBED IN SECTION 38-12-1105;
(i) ISSUE SUBPOENAS;
()) PROMULGATE SUCH RULES AS ARE NECESSARY TO IMPLEMENT THE
PROVISIONS OF THE PROGRAM CREATED IN THIS PART 11 AND TO CLARIFY
THE REQUIREMENTS OF THE "MOBILE HOME PARK ACT", PART 2 OF THIS
ARTICLE 12. SUCH RULES SHALL BE PROMULGATED IN ACCORDANCE WITH
ARTICLE 4 OF TITLE 24.
(3) THE PROGRAM MUST BE FUNDED BY THE PENALTIES AND FEES
DEPOSITED IN THE FUND AND ANY OTHER RESOURCES DIRECTED TO THE
PROGRAM.
38-12-1105. Dispute resolution program - complaint process.
(1) BEGINNING MAY 1, 2020, ANY AGGRIEVED PARTY MAY FILE A
COMPLAINT WITH THE DIVISION ALLEGING A VIOLATION OF THE ACT OR THIS
PART 11.
(2) AFTER RECEIVING A COMPLAINT UNDER THIS PART 11, THE
DIVISION SHALL INVESTIGATE THE ALLEGED VIOLATIONS AT THE DIVISION'S
DISCRETION AND,IF APPROPRIATE,FACILITATE NEGOTIATIONS BETWEEN THE
COMPLAINANT AND THE RESPONDENT.
(3)(a) COMPLAINANTS AND RESPONDENTS SHALL COOPERATE WITH
THE DIVISION IN THE COURSE OF AN INVESTIGATION BY RESPONDING TO
SUBPOENAS ISSUED BY THE DIVISION.THE SUBPOENAS MAY SEEK ACCESS TO
PAPERS OR OTHER DOCUMENTS AND PROVIDE SITE ACCESS TO THE MOBILE
HOME PARKS RELEVANT TO THE INVESTIGATION. COMPLAINANTS AND
RESPONDENTS MUST RESPOND TO THE DIVISION'S SUBPOENAS WITHIN
FOURTEEN DAYS OF THE DIVISION SENDING THE SUBPOENAS BY CERTIFIED
PAGE 11-HOUSE BILL 19-1309
MAIL.
(b) FAILURE TO COOPERATE WITH THE DIVISION IN THE COURSE OF AN
INVESTIGATION IS A VIOLATION OF THIS PART 11.
(4)(a) IF,AFTER AN INVESTIGATION,THE DIVISION DETERMINES THAT
THE PARTIES ARE UNABLE TO COME TO AN AGREEMENT,THE DIVISION SHALL
MAKE A WRITTEN DETERMINATION ON WHETHER A VIOLATION OF THE ACT
HAS OCCURRED.
(b) IF THE DIVISION FINDS BY A WRITTEN DETERMINATION THAT A
VIOLATION OF THE ACT HAS OCCURRED, THE DIVISION SHALL DELIVER A
WRITTEN NOTICE OF VIOLATION BY CERTIFIED MAIL TO BOTH THE
COMPLAINANT AND THE RESPONDENT. THE NOTICE OF VIOLATION MUST
SPECIFY THE BASIS FOR THE DIVISION'S DETERMINATION,THE VIOLATION,THE
ACTION REQUIRED TO CURE THE VIOLATION,THE TIME WITHIN WHICH THAT
ACTION MUST BE TAKEN, THE PENALTIES THAT WILL BE IMPOSED IF THAT
ACTION IS NOT TAKEN WITHIN THE SPECIFIED TIME PERIOD,AND THE PROCESS
FOR CONTESTING THE DETERMINATION,REQUIRED ACTION,AND PENALTIES
BY MEANS OF AN ADMINISTRATIVE HEARING.
(C) IF THE DIVISION FINDS BY A WRITTEN DETERMINATION THAT A
VIOLATION OF THE ACT HAS NOT OCCURRED,THE DIVISION SHALL DELIVER
A WRITTEN NOTICE OF NONVIOLATION TO BOTH THE COMPLAINANT AND THE
RESPONDENT BY CERTIFIED MAIL. THE NOTICE OF NONVIOLATION MUST
INCLUDE THE BASIS FOR THE DIVISION'S DETERMINATION AND THE PROCESS
FOR CONTESTING THE DETERMINATION INCLUDED IN THE NOTICE OF
NON VIOLATION BY MEANS OF AN ADMINISTRATIVE HEARING.
(5) THE RESPONDENT MUST COMPLY WITH THE REQUIREMENTS OF A
NOTICE OF VIOLATION FROM THE DIVISION WITHIN SEVEN DAYS OF THE
NOTICE OF VIOLATION BECOMING A FINAL AGENCY ORDER UNDER EITHER
SUBSECTION (7)(b) OR (9)(b) OF THIS SECTION, EXCEPT AS REQUIRED
OTHERWISE BY THE DIVISION, UNLESS THE RESPONDENT HAS SUBMITTED A
TIMELY REQUEST FOR AN ADMINISTRATIVE HEARING TO CONTEST THE
NOTICE UNDER SUBSECTION(7)OF THIS SECTION.IF A RESPONDENT FAILS TO
COMPLY WITH THE REQUIREMENTS OF A NOTICE OF VIOLATION WITHIN THE
REQUIRED TIME PERIOD AND THE DIVISION HAS NOT RECEIVED A TIMELY
REQUEST FOR AN ADMINISTRATIVE HEARING,THE DIVISION MAY IMPOSE A
PENALTY, UP TO A MAXIMUM OF FIVE THOUSAND DOLLARS PER VIOLATION
PAGE 12-HOUSE BILL 19-1309
PER DAY,FOR EACH DAY THAT A VIOLATION REMAINS UNCORRECTED.WHEN
DETERMINING THE AMOUNT OF THE PENALTY TO IMPOSE ON A RESPONDENT,
THE DIVISION SHALL CONSIDER THE SEVERITY AND DURATION OF THE
VIOLATION AND THE IMPACT OF THE VIOLATION ON OTHER COMMUNITY
RESIDENTS.IF THE RESPONDENT SHOWS,UPON TIMELY APPLICATION TO THE
DIVISION,THAT A GOOD FAITH EFFORT TO COMPLY WITH THE REQUIREMENTS
OF THE NOTICE OF VIOLATION HAS BEEN MADE AND THAT THE RESPONDENT
HAS NOT COMPLIED BECAUSE OF MITIGATING FACTORS BEYOND THE
RESPONDENT'S CONTROL, THE DIVISION MAY DELAY OR DISMISS THE
IMPOSITION OF A PENALTY.
(6) THE DIVISION MAY ISSUE AN ORDER REQUIRING THE RESPONDENT
TO CEASE AND DESIST FROM AN UNLAWFUL PRACTICE. THE DIVISION MAY
ALSO ISSUE AN ORDER REQUIRING THE RESPONDENT TO TAKE ACTIONS THAT
IN THE JUDGMENT OF THE DIVISION WILL CARRY OUT THE PURPOSES OF THIS
PART 11. THE ACTIONS MAY INCLUDE, BUT ARE NOT LIMITED TO:
(a) REFUNDS OF RENT INCREASES, IMPROPER FEES, AND CHARGES
COLLECTED IN VIOLATION OF THIS PART 1 1;
(b) FILING DOCUMENTS THAT CORRECT A STATUTORY OR RULE
VIOLATION;AND
(c) TAKING ACTION NECESSARY TO CORRECT A STATUTORY OR RULE
VIOLATION.
(7) (a) A COMPLAINANT OR RESPONDENT MAY REQUEST AN
ADMINISTRATIVE HEARING BEFORE AN ADMINISTRATIVE LAW JUDGE TO
CONTEST:
(I) A NOTICE OF VIOLATION ISSUED UNDER SUBSECTION (4)(b) OF
THIS SECTION OR A NOTICE OF NONVIOLATION ISSUED UNDER SUBSECTION
(4)(c) OF THIS SECTION;
(II) A PENALTY IMPOSED UNDER SUBSECTION (5)OF THIS SECTION;
OR
(III) AN ORDER TO CEASE AND DESIST OR AN ORDER TO TAKE
ACTIONS UNDER SUBSECTION(6)OF THIS SECTION.
PAGE 13-HOUSE BILL 19-1309
(b) IF THE COMPLAINANT OR RESPONDENT REQUESTS AN
ADMINISTRATIVE HEARING PURSUANT TO SUBSECTION (7)(a) OF THIS
SECTION, THE COMPLAINANT OR RESPONDENT MUST FILE THE REQUEST
WITHIN FIFTEEN BUSINESS DAYS OF RECEIPT OF A NOTICE OF VIOLATION,
NOTICE OF NONVIOLATION PENALTY, ORDER, OR ACTION. IF AN
ADMINISTRATIVE HEARING IS NOT REQUESTED WITHIN THIS TIME PERIOD,THE
NOTICE OF VIOLATION OR NOTICE OF NONVIOLATION CONSTITUTES A FINAL
AGENCY ORDER OF THE DIVISION AND IS NOT SUBJECT TO REVIEW BY ANY
COURT OR AGENCY.
(8) HEARINGS BEFORE THE OFFICE OF ADMINISTRATI VE COURTS MUST
BE CONDUCTED IN ACCORDANCE WITH ARTICLE 4 OF TITLE 24, UNLESS
OTHERWISE SPECIFIED IN THIS SECTION.
(9) (a) AN APPOINTED ADMINISTRATIVE LAW JUDGE SHALL:
(I) HEAR AND RECEIVE PERTINENT EVIDENCE AND TESTIMONY;
(II) DECIDE WHETHER THE EVIDENCE SUPPORTS THE DIVISION'S
FINDING BY A PREPONDERANCE OF THE EVIDENCE;AND
(III) ENTER AN APPROPRIATE ORDER WITHIN THIRTY DAYS AFTER THE
COMPLETION OF THE HEARING AND IMMEDIATELY SEND COPIES OF THE
ORDER TO THE AFFECTED PARTIES.
(b) AN ORDER ENTERED BY AN ADMINISTRATIVE LAW JUDGE
CONSTITUTES THE FINAL AGENCY ORDER OF THE DIVISION AND IS SUBJECT TO
JUDICIAL REVIEW PURSUANT TO ARTICLE 4 OF TITLE 24.AN ORDER ENTERED
BY AN ADMINISTRATIVE LAW JUDGE MAY BE APPEALED BY THE RESPONDENT
AND THE DIVISION.
(10) WHEN THE DIVISION IMPOSES ANY PENALTY AGAINST A
RESPONDENT LANDLORD UNDER THIS PART 11,THE RESPONDENT MAY NOT
SEEK ANY RECOVERY OR REIMBURSEMENT OF THE PENALTY FROM A
COMPLAINANT OR FROM ANY OTHER HOME OWNER.
(11) ALL MONEY COLLECTED FROM THE IMPOSITION OF ANY
PENALTIES IMPOSED UNDER THIS SECTION OTHER THAN ANY PORTION OF THE
PENALTIES REQUIRED TO BE PAID TO A COMPLAINANT MUST BE DEPOSITED IN
THE FUND.
PAGE 14-HOUSE BILL 19-1309
(12) THIS SECTION DOES NOT PROVIDE AN EXCLUSIVE REMEDY AND
DOES NOT LIMIT THE RIGHT OF LANDLORDS OR HOME OWNERS TO TAKE
LEGAL ACTION AGAINST ANOTHER PARTY AS PROVIDED IN THE ACT OR
OTHERWISE. EXHAUSTION OF THE ADMINISTRATIVE REMEDY PROVIDED IN
THIS SECTION IS NOT REQUIRED BEFORE A LANDLORD OR HOME OWNER MAY
BRING A LEGAL ACTION.
(13) A LANDLORD MAY NOT TAKE ANY RETALIATORY ACTIONS
AGAINST A HOME OWNER FOR EXPRESSING AN INTENTION TO FILE A
COMPLAINT UNDER THIS PROGRAM OR FILING A COMPLAINT UNDER THIS
PROGRAM.IF THE DIVISION DETERMINES THAT A LANDLORD HAS RETALIATED
AGAINST A HOME OWNER,THE DIVISION MAY IMPOSE A FINE OF UP TO TEN
THOUSAND DOLLARS ON THE LANDLORD.
(14) ANY PENALTY LEVIED AGAINST A LANDLORD UNDER THIS PART
9 SHALL BE A LIEN AGAINST THE LANDLORD'S MOBILE HOME PARK UNTIL THE
LANDLORD PAYS THE PENALTY.
38-12-1106. Registration of mobile home parks- process-fees.
(1) THE DIVISION SHALL REGISTER ALL MOBILE HOME PARKS ON AN
INDIVIDUAL BASIS AND RENEW THIS REGISTRATION ANNUALLY.
(2) THE DIVISION SHALL SEND REGISTRATION NOTIFICATIONS AND
INFORMATION PACKETS TO ALL KNOWN LANDLORDS OF UNREGISTERED
MOBILE HOME PARKS.THESE INFORMATION PACKETS MUST INCLUDE:
(a) REGISTRATION FORMS THAT SATISFY ALL OF THE REQUIREMENTS
OF SUBSECTION(7)OF THIS SECTION;
(b) INFORMATION ABOUT THE DIFFERENT METHODS OF
REGISTRATION;
(c) INFORMATION ABOUT THE SINGLE, STATEWIDE TOLL-FREE
TELEPHONE NUMBER DESCRIBED IN SUBSECTION (1 I)OF THIS SECTION;
(d) REGISTRATION ASSESSMENT INFORMATION, INCLUDING
REGISTRATION DUE DATES AND LATE FEES, AND THE COLLECTIONS
PROCEDURES, LIENS,AND CHARGING COSTS TO HOME OWNERS;AND
(e) A DESCRIPTION OF THE PROTECTIONS AFFORDED HOME OWNERS
PAGE 15-HOUSE BILL 19-1309
UNDER SECTION 38-12-1105 (13).
(3) THE DIVISION SHALL ANNUALLY SEND REGISTRATION RENEWAL
NOTIFICATIONS AND INFORMATION PACKETS TO ALL REGISTERED MOBILE
HOME PARKS.
(4) A LANDLORD MUST FILE FOR REGISTRATION OR REGISTRATION
RENEWAL BY SUBMITTING TO THE DIVISION,EITHER THROUGH THE DIVISION'S
WEBSITE, BY MAIL, OR IN PERSON, A REGISTRATION OR REGISTRATION
RENEWAL FORM PROVIDED BY THE DIVISION AND PAY A REGISTRATION FEE
AS DESCRIBED IN SUBSECTION(8)OF THIS SECTION.
(5) A LANDLORD MUST NOTIFY THE DIVISION WITHIN THIRTY DAYS
OF A CHANGE IN THE OWNERSHIP OF THE LANDLORD'S MOBILE HOME PARK SO
THAT THE DIVISION MAY UPDATE THE MOBILE HOME PARK'S REGISTRATION
INFORMATION.
(6) THE DIVISION SHALL MAKE AVAILABLE ON THE DIVISION'S
WEBSITE ELECTRONIC FORMS TO REGISTER A MOBILE HOME PARK. THESE
FORMS MUST BE AVAILABLE IN BOTH ENGLISH AND SPANISH AND SATISFY
ALL OF THE REQUIREMENTS OF SUBSECTION (7)OF THIS SECTION.
(7) THE REGISTRATION FORMS PROVIDED BY THE DIVISION MUST
REQUIRE INFORMATION NECESSARY TO ASSIST THE DIVISION IN IDENTIFYING
AND LOCATING A MOBILE HOME PARK AND OTHER INFORMATION THAT MAY
BE USEFUL TO THE STATE INCLUDING,AT A MINIMUM:
(a) THE NAME AND ADDRESS OF THE LANDLORD;
(b) THE NAME AND ADDRESS OF THE MOBILE HOME PARK;
(c) THE NUMBER OF LOTS WITHIN THE MOBILE HOME PARK;
(d) THE NUMBER OF MOBILE HOMES WITHIN THE MOBILE HOME PARK;
AND
(e) THE ADDRESS OF EACH MOBILE HOME WITHIN THE MOBILE HOME
PARK.
(8) FOR THE 2020 CALENDAR YEAR,THE DIVISION SHALL CHARGE
PAGE 16-HOUSE BILL 19-1309
EACH LANDLORD A TWENTY-FOUR DOLLAR REGISTRATION FEE FOR EACH
MOBILE HOME INDEPENDENTLY OWNED ON RENTED LAND WITHIN THE
LANDLORD'S MOBILE HOME PARK. EACH YEAR THEREAFTER, THE DIVISION
SHALL ESTABLISH BY RULE A FEE THAT EACH LANDLORD SHALL PAY TO THE
DIVISION AS AN ANNUAL REGISTRATION FEE FOR EACH MOBILE HOME
INDEPENDENTLY OWNED ON RENTED LAND WITHIN THE LANDLORD'S MOBILE
HOME PARK. A LANDLORD MAY CHARGE A HOME OWNER NOT MORE THAN
HALF OF THE FEE.THE REGISTRATION FEE FOR EACH MOBILE HOME MUST BE
DEPOSITED INTO THE FUND. THE DIVISION SHALL REVIEW THE ANNUAL
REGISTRATION FEE AND,IF NECESSARY.ADJUST THE ANNUAL REGISTRATION
FEE THROUGH RULE-MAKING TO ENSURE IT CONTINUES TO REASONABLY
RELATE TO THE COST OF ADMINISTERING THE PROGRAM.
(9) INITIAL REGISTRATIONS OF MOBILE HOME PARKS MUST BE FILED
BEFORE FEBRUARY 1,2020. AND AFTER THAT DATE WITHIN THREE MONTHS
OF THE AVAILABILITY OF MOBILE HOME LOTS FOR RENT WITHIN A NEW PARK.
A LANDLORD WHO WAS SENT AN INITIAL REGISTRATION FORM AND WHO
MISSED THE DEADLINE FOR REGISTRATION IS SUBJECT TO A DELINQUENCY
FEE OF UP TO FIVE THOUSAND DOLLARS. LANDLORDS WHO RECEIVE
REGISTRATION RENEWAL NOTIFICATIONS AND DO NOT RENEW THEIR
REGISTRATION BY THE EXPIRATION DATE AS ASSIGNED BY THE DIVISION ARE
ALSO SUBJECT TO A DELINQUENCY FEE OF UP TO FIVE THOUSAND DOLLARS.
(10) REGISTRATION IS EFFECTIVE ON THE DATE DETERMINED BY THE
DIVISION,AND THE DIVISION MUST ISSUE A REGISTRATION NUMBER TO EACH
REGISTERED MOBILE HOME PARK. THE DIVISION MUST PROVIDE AN
EXPIRATION DATE,ASSIGNED BY THE DIVISION,TO EACH REGISTERED MOBILE
HOME PARK.
(11) THE DIVISION SHALL ESTABLISH A SYSTEM,INCLUDING BUT NOT
LIMITED TO A SINGLE, STATEWIDE TOLL-FREE TELEPHONE NUMBER, FOR
RESPONDING DIRECTLY TO INQUIRIES ABOUT THE REGISTRATION PROCESS.
38-12-1107. Registration information database.BY FEBRUARY 1,
2020, THE DIVISION SHALL CREATE AND MAINTAIN A DATABASE THAT
INCLUDES ALL OF THE INFORMATION COLLECTED UNDER SECTION
38-12-1106.
38-12-1108. Mobile home park complaint database.(1) BY MAY
1, 2020,THE DIVISION SHALL ALSO CREATE AND MAINTAIN A DATABASE OF
PAGE 17-HOUSE BILL 19-1309
k
MOBILE HOME PARKS THAT HAVE HAD COMPLAINTS FILED AGAINST THEM
UNDER THE PROGRAM.
(2) AT A MINIMUM,THE DATABASE MUST INCLUDE:
(a) THE NUMBER OF COMPLAINTS RECEIVED;
(b) THE NATURE AND EXTENT OF THE COMPLAINTS RECEIVED;
(c) THE VIOLATION OF LAW COMPLAINED OF;AND
(d) THE OUTCOME OF EACH COMPLAINT.
38-12-1109. Mobile home park act dispute resolution and
enforcement program annual report. THE DIVISION SHALL PREPARE AN
ANNUAL REPORT THAT CONTAINS. AT A MINIMUM, THE NUMBER OF
CONSTITUENTS CONTACTED BY THE DIVISION IN REGARD TO THE PROGRAM,
THE NUMBER OF COMPLAINTS RECEIVED UNDER THE PROGRAM RECEIVED BY
THE DIVISION.THE NUMBER OF COMPLAINTS UNDER THE PROGRAM RESOLVED
BY THE DIVISION. A BRIEF SUMMARY OF THE NATURE OF THE COMPLAINTS
UNDER THE PROGRAM RECEIVED BY THE DIVISION. HOW THE COMPLAINTS
UNDER THE PROGRAM RECEIVED BY THE DIVISION WERE RESOLVED, THE
NUMBER OF ADMINISTRATIVE APPEALS UNDER THE PROGRAM, A SUMMARY
OF ANY RELEVANT COURT DECISIONS RELATING TO THE PROGRAM, AND A
SUMMARY OF RESULTS OF AN ANNUAL CONSTITUENT SURVEY CONDUCTED
BY AN INDEPENDENT CONTRACTOR.
38-12-1110. Mobile home park act dispute resolution and
enforcement program fund.(1) THERE IS HEREBY CREATED IN THE STATE
TREASURY THE MOBILE HONIE PARK ACT DISPUTE RESOLUTION AND
ENFORCEMENT PROGRAM FUND.ALL MONEY COLLECTED PURSUANT TO THE
PROGRAM MUST BE DEPOSITED IN THE FUND. THE FUND SHALL BE USED BY
THE DIVISION FOR THE COSTS ASSOCIATED WITH ADMINISTERING THE
PROGRAM. THE MONEY IN THE FUND SHALL BE CONTINUOUSLY
APPROPRIATED FOR ADMINISTERING THE PROGRAM. ALL INTEREST AND
INCOME DERIVED FROM THE INVESTMENT AND DEPOSIT OF MONEY IN THE
FUND SHALL BE CREDITED TO THE FUND. ANY UNEXPENDED AND
UNENCUMBERED MONEY REMAINING IN THE FUND AT THE END OF A FISCAL
YEAR SHALL REMAIN IN THE FUND AND SHALL NOT BE CREDITED OR
TRANSFERRED TO THE GENERAL FUND OR ANOTHER FUND.
PAGE 18-HOUSE BILL 19-1309
(2) THE DIVISION, BY RULE OR AS OTHERWISE PROVIDED BY LAW,
MAY REDUCE THE AMOUNT OF ANY FEE IMPOSED UNDER THIS PART 11 IF
NECESSARY PURSUANT TO SECTION 24-75-402 (3) TO REDUCE THE
UNCOMMITTED RESERVES OF THE FUND TO WHICH ALL OR ANY PORTION OF
THE FEE IS CREDITED.AFTER THE UNCOMMITTED RESERVES OF THE FUND ARE
SUFFICIENTLY REDUCED, THE DIVISION, BY RULE OR AS OTHERWISE
PROVIDED BY LAW, MAY INCREASE THE AMOUNT OF THE FEES IMPOSED
UNDER THIS PART 11 AS PROVIDED IN SECTION 24-75-402 (4).
SECTION 10. Appropriation. (1) For the 2019-20 state fiscal
year, $22,073 is appropriated to the department of law. This appropriation
is from cash funds received from the department of local affairs and is
based on an assumption that the department of law will require an
additional 0.1 FTE. To implement this act, the department of law may use
this appropriation to provide legal services for the department of local
affairs.
(2) For the 2019-20 state fiscal year,$130,065 is appropriated to the
office of the governor for use by the office of information technology.This
appropriation is from cash funds received from the department of local
affairs. To implement this act, the office may use this appropriation to
provide information technology services for the department of local affairs.
SECTION 11. Safety clause. The general assembly hereby finds,
PAGE 19-HOUSE BILL 19-1309
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, and safety.
KC Becker Leroy M. Garcia
SPEAKER OF THE HOUSE PRESIDENT OF
OF REPRESENTATIVES THE SENATE
- -)11O,474)
1 eet-
Marilyn Eddins Cindi L. Markwell
CHIEF CLERK OF THE HOUSE SECRETARY OF
OF REPRESENTATIVES THE SENATE
APPROVED MAY `Z3 ZcJI`I — 5
(Date and Time)
Jare S Polis
G OR OFT TATE OF COLORADO
PAGE 20-HOUSE BILL 19-1309
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