8 Colo. Code Regs. § 1302-15-3

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

Rule 8 CCR 1302-15-3 - DISPUTE RESOLUTION AND ENFORCEMENT

General Rules

3.1 The following deadlines are in calendar days:

A. Respond to a subpoena within fourteen (14) days pursuant to section 38-12-1105(3)(a), C.R.S.

B. Comply with the requirements of a Notice of Violation within seven (7) days of it becoming a Final Agency Order pursuant to section 38-12-1105(5), C.R.S.

C. A landlord must notify the Division within thirty (30) days of a change in the ownership of the mobile home park pursuant to section 38-12-1106(5), C.R.S.

Filing a Complaint

3.2 A home owner acting in the capacity of a "complainant" as defined in section 38-12-1103(2), C.R.S., may file a complaint on behalf of their tenant if they are leasing their mobile home and the renter has experienced and communicated an alleged violation of the Act or Program to the home owner, provided that the home owner has made it clear in the complaint that it is being filed in a representative capacity.

3.3 When filing a complaint with the Division under section 38-12-1105(1), C.R.S., aggrieved parties are not required to allege what specific statutory section(s) of the Act or Program have been violated. The Division will apply the appropriate reference(s) to statute or rule upon review of the information provided in the complaint form and any additional information provided to the Division in connection with the complaint.

Complaint Investigation

3.4 Before imposing a penalty under section 38-12-1105(13), C.R.S., and Rule 4.4 of these rules, the Division will give the management or landlord an opportunity to rebut a presumption of retaliation with sufficient evidence of a nonretaliatory purpose pursuant to section 38-12-212.5(4), C.R.S.

3.4.1 The Division will consider as sufficient evidence of a nonretaliatory purpose, when provided by the management or landlord in response to a retaliation complaint, evidence including, but not limited to:

A. In response to an allegation of retaliatory action pursuant to section 38-12-201.5(12)(k), C.R.S., evidence that:

i. The management or landlord reported, to an appropriate government agency, home owner conduct on park premises that materially harmed or threatened real or personal property or the health, safety, or welfare of one or more individuals or animals, including pet animals; or

ii. The information reported to a government agency was, to the management or landlord's knowledge, truthful and relevant to an ongoing investigation by that federal, state, or local government agency.

3.5 Pursuant to section 38-12-214(3)(a), C.R.S., if the management provides each home owner written notice of the management's intent to add or amend any written rule or regulation, or if the management indicates that it will begin enforcing a rule or regulation that was previously unenforced, and a home owner files a complaint with the Division within sixty (60) days after receiving the notice alleging that a new, amended, or newly enforced park rule or regulation will increase a cost to the home owner in an amount that equals or exceeds ten percent of the home owner's monthly rent obligation:

3.5.1 The Division will notify the management of the complaint and the specific rule(s), regulation(s), or amendment(s) being challenged in the complaint.

3.5.2 The management shall not engage in any action to enforce the challenged rule(s), regulation(s), or amendment(s) that is the subject of the complaint against any resident in the park, unless and until the parties to the complaint reach an agreement or the dispute resolution process concludes as described in section 38-12-214(3)(a), C.R.S.

3.5.3 Once the management receives notice from the Division of a complaint described in Rule 3.5 of these rules, the management shall notify all residents in the park that is the subject of the complaint in writing within fourteen (14) calendar days that the management will not enforce the challenged rule(s), regulation(s), or amendment(s) until further notice.

3.5.4 Unless otherwise prohibited by law, the management may enforce the other new, amended, or previously unenforced rules or regulations against residents that are not the subject of any complaint(s) described in Rule 3.5 of these rules, after the sixty (60) day written notice period expires.

3.6 A landlord acting in the capacity of a "complainant," as defined in section 38-12-1103(2), C.R.S., may file a complaint with the Division alleging that a home owner does not have and will not sign a written rental agreement in violation of section 38-12-213(2), C.R.S.

3.6.1 When investigating a complaint alleging that a home owner has not signed a written rental agreement in violation of section 38-12-213(2), C.R.S., the Division will consider factors including, but not limited to:

A. Whether the current or previous management provided a written rental agreement to the home owner prior to the rental or occupancy of a mobile home space or lot pursuant to section 38-12-213(1), C.R.S. (effective July 1, 1981);

B. Whether the written rental agreement the current management provided the home owner would make material changes to the terms and conditions of the home owner's existing tenancy as described in subsections 38-12-213(1)(a) -(f), C.R.S. In evaluating what the terms and conditions of an existing tenancy are, the Division may consider the following including, but not limited to:

i. Other written agreements between the management and the home owner;

ii. Verbal agreements between the management and the home owner; and

iii. Past charges to and payments made by the home owner as described in subsections 38-12-213(1)(a) and (f), C.R.S.;

C. Whether changes to the terms and conditions of the home owner's existing tenancy as described in subsections 38-12-213(1)(a) -(f), C.R.S., are necessary for the rental agreement to comply with current state law and local law; and

D. Whether the home owner was previously approved for tenancy in the park.

3.7 When investigating a complaint that a landlord failed to timely remove snow from roadways, pedestrian sidewalks, or other pavement pursuant to section 38-12-212.3(2)(b)(II), C.R.S., the Division will consider the snow removal laws or guidance of the municipality or, if the park is in an unincorporated area, the county, where the park is located, that apply to similar residential or commercial properties.

Written Determination and Notice of Violation or Nonviolation

3.8 A landlord found to be in violation of the Act, Program, or these rules cannot pass on the costs of any remedial action(s), including penalties, fines, or fees, required by the Division or an Administrative Law Judge in a Final Agency Order to any home owner.

3.9 A landlord shall not pass on the costs of any attorney fees, witness fees, or other legal fees incurred by a landlord in responding to a complaint filed pursuant to section 38-12-1105(1), C.R.S., or an investigation by the Division of an alleged violation of the Act, Program, or these rules to any home owner, notwithstanding any language to the contrary in a rental agreement.

Prohibition on Rent Increases

3.10 For purposes of section 38-12-204(4)(c)(I), C.R.S., "[h]as not fully complied with any government order" means the landlord has failed to pay all penalties or complete all remedial actions required by the order by the deadline(s) specified in the order. Compliance will be achieved upon satisfaction of any imposed penalties and remedial actions.

3.11 The prohibition on increasing rent or issuing a notice of rent increase under section 38-12- 204(4)(e), C.R.S., applies if the landlord has been found by the Division in a final agency order or by a court to have failed to comply with one or more of the landlord's responsibilities included in section 38-12-212.3, C.R.S. The prohibition on increasing rent begins when the final agency order or court order is issued and continues for twelve (12) months following the issuance of that order.

3.12 Under section 38-12-204(4), C.R.S., the prohibition on a landlord increasing rent or issuing a notice of rent increase does not apply to fee increases or fee increase notices, unless the fee is part of the "rent," as defined in section 38-12-201.5(9), C.R.S. (e.g., a monthly pet fee that is part of rent under Rule 6.7.1 of these rules).

8 CCR 1302-15-3

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