What is the Colorado Mobile Home Park Act?
The Colorado Mobile Home Park Act is a significant article of legislature introduced and passed by the General Assembly of the State of Colorado in 2019. The law permits counties and municipalities to enact certain ordinances for mobile home parks, adds new termination and eviction protections for residents and homeowners, and establishes the authority of the Mobile Home Park Act Dispute Resolution and Enforcement Program.
The Mobile Home Park Act grants Colorado County Board of Commissioners the authority to regulate and enforce ordinances for mobile home parks throughout unincorporated areas of their respective jurisdictions. This allows counties to play a similar role to home-rule cities for the purpose of ensuring the rights and well-being of residents within these communities. These ordinances may include:
- Zoning and Land Use – Counties may specify the zoning districts where mobile home parks are permitted, and set rules regarding park size, density, and the allocation of space within a park.
- Health and Safety – Ordinances may address health and safety standards including regulations related to water quality, sewage disposal, electrical systems, and fire safety.
- Building Codes – Counties may enforce codes covering structural standards, safety features, and energy efficiency requirements for parks within their jurisdiction.
Termination and Eviction Protections
The Mobile Home Park Act also extends the time period between the notice of nonpayment of rent and the termination of tenancy, as well as the time a mobile home owner has to vacate a mobile home park after an eviction order is entered:
- Nonpayment of Rent/Termination – After receiving an official notice of nonpayment rent, a resident now has ten days to pay rent before the park may terminate their tenancy. Prior to the Mobile Home Park Act, residents only had a five-day grace period before the termination of their residency.
- Eviction/Relocation – Under the Mobile Home Park Act, when a court rules in favor of an eviction, homeowners have 30 days to either sell or remove the mobile home and vacate park premises. A homeowner may extend this period to 60 days from the date of the ruling, under the condition that the homeowner pays the park a proportional share of rent for each day after the initial 30-day period.
Mobile Home Park Act Dispute Resolution and Enforcement Program
Additionally, the legislature established the Mobile Home Park Act Dispute Resolution and Enforcement Program. The program serves to address complaints from park owners or tenants, and is considered an alternative to traditional legal procedures which the General Assembly deemed too expensive and cumbersome for residents. The program also authorizes the Division of Housing to conduct the following:
- Register all Colorado mobile home parks annually.
- Collect complaints, conduct investigations, impose penalties, and participate in dispute resolutions when there are alleged violations of the Mobile Home Park Act.
- Engage in public policymaking to clarify and uphold the law.
- The act grants counties the authority to enact certain ordinances for mobile home parks.
- The act extends the time periods for residency termination and eviction.
- The act established the Mobile Home Park Act Dispute Resolution and Enforcement Program.