CO Code § 38-12-1105 (2021)
2021 Colorado Code|Title 38 - Property - Real and Personal|Article 12 - Tenants and Landlords|Part 11 - Mobile Home Park Act Dispute Resolution and Enforcement Program|§ 38-12-1105. Dispute Resolution Program - Complaint Process

  Beginning on June 30, 2020, any aggrieved party may file a complaint with the division alleging a violation of the act or this part 11, regardless of whether the provision allegedly violated contains a specific reference to this section.    After receiving a complaint under this part 11, the division shall investigate the alleged violations at the division's discretion and, if appropriate, facilitate negotiations between the complainant and the respondent.      Complainants and respondents shall cooperate with the division in the course of an investigation by responding to subpoenas issued by the division. The subpoenas may seek access to papers or other documents and provide site access to the mobile home parks relevant to the investigation. Complainants and respondents must respond to the division's subpoenas within fourteen days of the division sending the subpoenas by certified mail.    Failure to cooperate with the division in the course of an investigation is a violation of this part 11.         If, after an investigation, the division determines that the parties are unable to come to an agreement, the division shall make a written determination on whether a violation of the act has occurred.    If the division finds by a written determination that a violation of the act has occurred, the division shall deliver a written notice of violation by certified mail to both the complainant and the respondent. The notice of violation must specify the basis for the division's determination, the violation, the action required to cure the violation, the time within which that action must be taken, the penalties that will be imposed if that action is not taken within the specified time period, and the process for contesting the determination, required action, and penalties by means of an administrative hearing.    If the division finds by a written determination that a violation of the act has not occurred, the division shall deliver a written notice of nonviolation to both the complainant and the respondent by certified mail. The notice of nonviolation must include the basis for the division's determination and the process for contesting the determination included in the notice of nonviolation by means of an administrative hearing.       The respondent must comply with the requirements of a notice of violation from the division within seven days of the notice of violation becoming a final agency order under either subsection (7)(b) or (9)(b) of this section, except as required otherwise by the division, unless the respondent has submitted a timely request for an administrative hearing to contest the notice under subsection (7) of this section. If a respondent fails to comply with the requirements of a notice of violation within the required time period and the division has not received a timely request for an administrative hearing, the division may impose a penalty, up to a maximum of five thousand dollars per violation per day, for each day that a violation remains uncorrected. When determining the amount of the penalty to impose on a respondent, the division shall consider the severity and duration of the violation and the impact of the violation on other community residents. If the respondent shows, upon timely application to the division, that a good faith effort to comply with the requirements of the notice of violation has been made and that the respondent has not complied because of mitigating factors beyond the respondent's control, the division may delay or dismiss the imposition of a penalty.    The division may issue an order requiring the respondent to cease and desist from an unlawful practice. The division may also issue an order requiring the respondent to take actions that in the judgment of the division will carry out the purposes of this part 11. The actions may include, but are not limited to:   Refunds of rent increases, improper fees, and charges collected in violation of this part 11;    Filing documents that correct a statutory or rule violation; and    Taking action necessary to correct a statutory or rule violation.         A complainant or respondent may request an administrative hearing before an administrative law judge to contest:   A notice of violation issued under subsection (4)(b) of this section or a notice of nonviolation issued under subsection (4)(c) of this section;    A penalty imposed under subsection (5) of this section; or    An order to cease and desist or an order to take actions under subsection (6) of this section.       If the complainant or respondent requests an administrative hearing pursuant to subsection (7)(a) of this section, the complainant or respondent must file the request within fifteen business days of receipt of a notice of violation, notice of nonviolation penalty, order, or action. If an administrative hearing is not requested within this time period, the notice of violation or notice of nonviolation constitutes a final agency order of the division and is not subject to review by any court or agency.       Hearings before the office of administrative courts must be conducted in accordance with article 4 of title 24, unless otherwise specified in this section.      An appointed administrative law judge shall:   Hear and receive pertinent evidence and testimony;    Decide whether the evidence supports the division's finding by a preponderance of the evidence; and    Enter an appropriate order within thirty days after the completion of the hearing and immediately send copies of the order to the affected parties.       An order entered by an administrative law judge constitutes the final agency order of the division and is subject to judicial review pursuant to article 4 of title 24. An order entered by an administrative law judge may be appealed by the respondent and the division.       When the division imposes any penalty against a respondent landlord under this part 11, the respondent may not seek any recovery or reimbursement of the penalty from a complainant or from any other home owner.    All money collected from the imposition of any penalties imposed under this section other than any portion of the penalties required to be paid to a complainant must be deposited in the fund.    This section does not provide an exclusive remedy and does not limit the right of landlords or home owners to take legal action against another party as provided in the act or otherwise. Exhaustion of the administrative remedy provided in this section is not required before a landlord or home owner may bring a legal action.    A landlord may not take any retaliatory actions against a home owner. If the division determines that a landlord has retaliated against a home owner, the division may impose a fine of up to ten thousand dollars on the landlord.    Any penalty levied against a landlord under this part 11 shall be a lien against the landlord's mobile home park until the landlord pays the penalty.     History. Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2633, § 9, effective May 23. L. 2020: (1) amended, (HB 20-1201), ch. 196, p. 935, § 3, effective June 30; (13) amended, (HB 20-1196), ch. 195, p. 926, § 15, effective June 30.