This summary contains information provided by the Colorado Poverty Law Project. The Colorado Poverty Law Project offers free legal assistance to mobile home park residents in some circumstances and offers free tenants’ rights trainings to mobile home park residents in English and Spanish, in person or by Zoom: [email protected].
1985 Mobile Home Park Act (MHPA), amended in 2019 and 2020
This complex law includes the following elements:
- Tenant rights, e.g., homeowners have 90 days to solve problems if in noncompliance with state, local or park laws; tenant can be evicted only for rules spelled out in the law; if evicted, tenants can get extra time to vacate.
- Responsibility of park owners to maintain working plumbing, utility, and sewer connections; provide running water; maintain common areas, roads, trees, etc. safely.
- Protection from retaliation when a tenant exercises legal rights, tries to organize, or takes other actions to enforce their legal rights.
The relatively new Dispute Resolution and Enforcement Program (DREP) allows tenants to register complaints about violations of MHPA without going to court. The state Department of Local Affairs (DOLA) handles this through its Mobile Home Park Oversight Program.
2020 Colorado Immigrant Tenant Protection Act
Protects tenants from being forced to disclose immigration or citizenship status and prevents landlords from demanding or disclosing to others—including law enforcement—any information about tenants’ immigration or citizenship status. The few exceptions include some situations in which a park resident is also an employee of the landlord/park owner and state/federal laws require gathering such information; and documentation necessary to determine potential residents’ financial qualifications.
2020 Colorado Opportunity to Purchase Process [this is a 2020 amendment to the 1985 Mobile Home Park Act]
Requires that park owners notify residents within 14 days of: when the park is listed for sale; when the owner plans to accept an offer from a potential buyer; and when the owner received a notice of foreclosure.
Requires the owner to provide 12 months’ notice if the owner plans to change use of the property from a mobile home park to something else.
Provides a 120-day window during which residents can attempt to purchase their park. A purchase agreement and commitment for any financing needed must be provided to the landlord.
Allows residents to transfer their right to purchase to a government agency or a housing authority or nonprofit.
Violations can be reported to the Colorado Poverty Law Project and/or the Mobile Home Park Oversight Program: [email protected]; [email protected], 1-833-924-1147.
Local jurisdictions and health/environment departments
Local jurisdictions—cities, counties, and metro districts—and health/environment departments—may have laws that impact mobile home parks, such as zoning and permitting. Many old parks, established before permits were required, have been “grandfathered in” and don’t require permits, even if they are sold to a new owner. However, in addition to state laws regulating MHPs, local
authorities and health departments do have regulations about health and welfare—including safe drinking water, sewage, and road safety—that can help mobile home park residents force owners to take necessary action. These vary widely by jurisdiction but are worth exploring if needed.
More specifics about Mobile Home Park Sales and Homeowners’ Opportunity to Purchase laws, along with links and numerous helpful forms, are available at the Colorado Department of Local Affairs website.