CoCoMHO's Detailed Summary

HB 20-1196 Mobile Home Park Act Update

HOUSE SPONSORSHIP Hooton and McCluskie

Please note: This is not an official summary of the bill; more updates are included in the bill than are shown here; and various elements may change by amendment as the bill moves through the legislature.

Some major provisions of the current bill:

Strengthens protections against unreasonable evictions
• Only violations of rules that are strictly necessary for park and residents’ safety can be used as grounds for eviction
• More time will be required in certain quit or cure notices, and the right to use the Dispute Resolution program must be communicated in any quit or cure notice
• Residents who face eviction will have the right to sell their homes within a certain period of time; current law only mentions removing the home.
• There will no longer be a “second offense” clause, where home owners could be evicted, without any chance to cure, merely for breaking a rule for a second time within a year
• Notice to residents of park closure/redevelopment will be increased from 6 to 12 months

Strengthens what counts as a valid rule/regulation and what can be introduced as a new one
• It strengthens the requirement that rules should not be unreasonable, arbitrary, or capricious
• It puts new rules on hold if challenged by residents with a complaint to the Dispute Resolution and Enforcement Program, within 60 days of notice, for being violations of the MHPA
• It protects homeowners against unreasonable changes in rules regarding home upkeep that they did not agree to when moving into the park, and helps protect them from being evicted for violating home upkeep rules that changed after they moved in
• It protects homeowners from rules that were not agreed to that significantly increase homeowners’ costs

Strengthens protections against landlord retaliation
• It details an explicit list of the kinds of actions that historically have been used to retaliate against residents, prohibits them, and when violated provides residents with meaningful enforcement through the Dispute Resolution and Enforcement Program
• It extends what counts as retaliation to include actions taken against residents for complaining to management, for forming resident associations, or making other efforts to secure or enforce their rights.

Ensures that water billing is transparent and fair

• The methodology for distributing water costs, both for individual and park usage, must be equitably distributed and made known to residents
• Park managers must make available to residents comparisons of park rates and municipal rates, helping to ensure fair rates
• It clarifies current law that water-metered MHCs who pass through municipal water must not charge any administration fee

Strengthens residents’ rights to well-maintained infrastructure, and reasonable compensation for infrastructure failures
• The bill clarifies park managers’ responsibilities to supply clean water and a functioning sewage system, both in normal times, and during service disruptions
• The bill clarifies and implements responsibilities of the park landlord to maintain common areas, roads, trees, lot drainage, and foundation integrity, and to establish and maintain an emergency contact number
• The bill ensures that residents have rights to be compensated for damages and other expenses they incur during excess service disruptions or failure to maintain infrastructure
• The bill ensures protections for people with disabilities, including maintaining premises that are accessible to people with disabilities

Increases awareness of residents’ rights to use the Dispute Resolution and Enforcement Program
• The bill requires park managers, at certain times and in a variety of notices, to inform residents that they have a right to use the dispute resolution program

Clarifies Right to Privacy
• The bill spells out legitimate reasons for which management may enter a home or lot, including maintenance and emergencies, but also calls for homeowner consent and reasonable advance notification to prevent unexpected surprise entries

Colorado Coalition of Manufactured Home Owners

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Boulder, CO 80305, US

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