| Notice Filed with SOS |
01/30/2020 |
| Rule |
ProposedRuleAttach2020-00043.pdf
|
| Additional Information |
AddInfoAttach2020-00043.rtf
|
| Statutory Authority |
Pursuant to section 38-12-1104(2)(j) C.R.S. |
| Description of Subjects/Issues |
In preparation to begin receiving and processing complaints alleging a violation of Parts 2 or 11 of Article 12 of Title 38 on and after May 1, 2020, as required by House Bill 19-1309, the Division is proposing new rules and amending current rules to further implement and clarify the Mobile Home Park Act and its Dispute Resolution and Enforcement Program, specifically by creating a section pertaining to park rules and regulations, as well as identifying the ability for two or more home owners to file a joint complaint or a landlord to file a single complaint against two or more home owners alleging the same violation, and providing landlords an option to mail the required Home Owner Notice. |
| Purpose/Objective of Rule |
In preparation to begin receiving and processing complaints alleging a violation of Parts 2 or 11 of Article 12 of Title 38 on and after May 1, 2020, as required by House Bill 19-1309, the Division is proposing new rules and amending current rules to further implement and clarify the Mobile Home Park Act and its Dispute Resolution and Enforcement Program, specifically by defining a "mobile home subdivision" or "manufactured home subdivision", refining the definition for "retaliatory action(s)", removing unnecessary duplication of requirements clearly established in statute, requiring a landlord to provide a home owner with a minimum of 60 days notice in order to recoup at least 50% of the registration fee, defining "sufficient evidence", identifying the ability for two or more home owners to file a joint complaint or a landlord to file a single complaint against two or more home owners alleging the same violation, identifying that a complainant is not required to allege specific statutory sections that have been violated when filing a complaint, providing landlords additional options to provide/post the required Home Owner Notice, and creating a section pertaining to park rules and regulations. |
| Basis And Purpose |
BasisAndPurposeAttachment2020-00043.rtf
|
| Regulatory analysis |
RegulatoryAnalysisAttachment2020-00043.pdf
|
| Comments |
The Division conducted stakeholder meetings on January 15th, 24th, and 30th of 2020 to inform the drafting of rules prior to filing them as proposed rules for consideration at a rulemaking hearing scheduled to take place at 1 pm on Friday, March 6, 2020, in Room 318 at 1313 Sherman St, Denver, CO 80203. Stakeholders were invited and encouraged to submit written testimony for consideration prior to the rulemaking hearing by directing their written testimony to Alison George, Division Director and emailing it to christina.postolowski@state.co.us by 5:00 pm on Monday, February 24, 2020. Stakeholders were also welcomed to participate in-person at the rulemaking hearing by providing verbal testimony and/or written testimony for the Division Director's consideration. The Director also extended the opportunity to provide written testimony past the rulemaking hearing to the morning of March 9, 2020. |
| Submitted in response to issues raised by COLS/OLLS? |
No
|
| Is this rule adopted in response to recent legislation? |
Yes
|
| Recent legislation bill number |
HB19-1309
|
| Hearing Date |
03/06/2020 |
| Hearing Time |
01:00 PM |
| Hearing Location |
1313 Sherman St, Room 318 |
| Contact Name |
Christina Postolowski |
| Contact Title |
Program Manager |
| Contact Telephone |
3038647859 |
| Contact email |
christina.postolowski@state.co.us |