HB 22-1287

Abstract

The act amends the "Mobile Home Park Act" and the "Mobile Home Park Act Dispute Resolution and Enforcement Program" to: Require the landlord or the landlord's representative to attend up to 2 public meetings for residents of the park each year at the request of the residents; Clarify that a landlord is responsible for the cost of repairing any damage to a mobile home or lot that results from the landlord's failure to maintain the premises of the park; Clarify the triggering events that demonstrate a park owner's intent to sell a park for purposes of providing notice to home owners and the method for giving notice; Change the period in which a group or association of mobile home owners may make an offer to purchase the park from 90 to 180 days, and provide for tolling of that time period in certain circumstances; Provide a right of first refusal for a public entity that accepts an assignment of a group or association of mobile home owners' opportunity to purchase; Clarify the obligations of a landlord to provide notice to home owners concerning the terms and conditions of an offer to purchase the park that the landlord would accept and to negotiate in good faith with the home owners; Require a landlord who changes the use of the land comprising the park to compensate a mobile home owner who has not given notice to terminate the lease or rental agreement and who is displaced by the change in use for the reasonable costs of relocating the mobile home to a location within 100 miles of the park, the fair market value of the mobile home before the change in use, or in the amount of $7,500 for a single-section mobile home or $10,000 for a multi-section mobile home; Allow the department to enforce statutory provisions concerning the required notice of intent to sell or change the use of the land and the mobile home owners' opportunity to purchase by imposing a fine for a violation or filing for injunctive relief in district court; Allow the attorney general to investigate and enforce statutory provisions providing protections for mobile home owners; Clarify the procedures and penalties that apply when a party does not respond to a subpoena from the division; Allow the division to take immediate action in response to complaints or violations that will cause immediate harm to mobile home owners; Prohibit landlords from harassing or coercing mobile home owners in an effort to require a mobile owner to sign an agreement or to influence a decision by the home owner about an opportunity to purchase; Establish criteria for when a mobile home park rule or regulation that limits a home owner's right to control the use, appearance, and structure of a mobile home is enforceable; Prohibit a landlord from interfering with the mobile home owner's right to sell a mobile home to the buyer of his or her choice, except in limited circumstances; Establish record retention requirements for landlords; and Consolidate provisions concerning private rights of action for landlords, home owners, and residents, and establish penalties and remedies available in private actions.(Note: This summary applies to this bill as enacted.)