8 Colo. Code Regs. § 1302-15-1

Current through Register Vol. 47, No. 20, October 25, 2024

Rule 8 CCR 1302-15-1 - DEFINITIONS

In addition to the definitions provided in sections 38-12-201.5 and 38-12-1103, C.R.S., the following definitions apply to enforcement of the Act (Part 2 of Article 12 of Title 38) and the Program (Part 11 of Article 12 of Title 38):

1.1 "Consecutive occupancy" for purposes of section 38-12-204(3), C.R.S., means the consecutive period of time that:

A. The tenant(s) have a rental agreement with the management or landlord for occupancy of the mobile home space;

B. The management or landlord is receiving rent payments for the mobile home space from the tenant(s) or a third party; or

C. The tenant(s) is residing in the mobile home or mobile home space after establishing lawful tenancy by signing a rental agreement pursuant or paying rent pursuant to Rule 1.1(A) or (B) of these rules.

1.2 "Home owner" as defined in section 38-12-201.5(2), C.R.S., includes residents who have an active rent-to-own, lease-to-own, purchase option, or similar agreement to buy a mobile home that is located in a mobile home park.

1.3 "Mobile home" as defined in section 38-12-201.5(5), C.R.S., includes a factory-built residential structure (modular home) if it is situated in a mobile home park and has all of the characteristics of a "mobile home" described in section 38-12-201.5(5)(a), C.R.S. (including being built on a permanent chassis); any pre-1976 mobile home; and any manufactured home constructed to the federal standards on or after June 15, 1976.

1.4 "Mobile home park" as defined in section 38-12-201.5(6), C.R.S. -

A. Includes a park that is owned by a government entity, federally recognized tax-exempt charitable organization registered with the Colorado Secretary of State, or a Community Land Trust, if it has all of the characteristics of a "mobile home park" described in section 38-12-201.5(6), C.R.S.

B. Does not include a park that rents lots to camper coaches, camper trailers, fifth wheel trailers, motor homes, recreational park trailers, recreational vehicles, travel trailers, or truck campers, unless it also rents space to five (5) or more "mobile homes" as defined in section 38-12-201.5(5), C.R.S., and Rule 1.3 of these rules.

1.5 For purposes of section 38-12-201.5 (6.5), C.R.S., separate business entities that collectively own five (5) or more mobile or manufactured homes on the same parcel shall be treated as having the "same owner" if the business entities have one or more of the same legal or beneficial owners.

1.6 "New mobile home park or manufactured housing community development" as used in section 38-12-215(1) -(2), C.R.S., and "new park" as used in section 38-12-1106(9), C.R.S., do not include:

A. The addition of a "mobile home space(s)," as defined in section 38-12-201.5(7), C.R.S., to an existing mobile home park, as defined in section 38-12-201.5(6), C.R.S., and Rule 1.4 of these rules;

B. The sale, transfer, or conveyance of an existing mobile home park to a new owner(s); nor

C. The merger of two or more existing mobile home parks.

1.7 "Occupied mobile homes" as used in section 38-12-217(4)(c), C.R.S., and Rule 2.2(I) of these rules means mobile homes for which the management or landlord:

A. Has a rental agreement with a tenant for the home or lot; or

B. Is receiving rent payments for the home or lot from a tenant or a third party.

1.7A "Potable water" as used in sections 38-12-212.3(1)(b)(II) and (1)(d), C.R.S., means water that is safe for drinking, culinary, and domestic purposes and that meets the requirements of the Colorado Department of Public Health and Environment. Water that is under a boil water advisory is not considered potable.

1.8 "Rent" as defined in section 38-12-201.5(9), C.R.S., does not include attorney fees.

1.9 "Sufficient evidence" as used in section 38-12-212.5(4), C.R.S., and Rule 3.4 of these rules means a preponderance of the evidence.

8 CCR 1302-15-1

42 CR 23, December 10, 2019, effective 12/30/2019

43 CR 07, April 10, 2020, effective 4/30/2020

43 CR 21, November 10, 2020, effective 11/30/2020

44 CR 21, November 10, 2021, effective 11/30/2021

45 CR 20, October 25, 2022, effective 10/1/2022

45 CR 21, November 10, 2022, effective 11/30/2022

47 CR 14, July 25, 2024, effective 6/17/2024, exp. 10/15/2024 (Emergency)

47 CR 18, September 25, 2024, effective 10/15/2024