As used in this part 11, unless the context otherwise requires:
(1) Act means the Mobile Home Park Act created in part 2 of this article 12.
(2) (a) Complainant means a landlord, home owner, or group of home owners who has filed a complaint alleging a violation of the act, this part 11, or a rule or the complainant's agent, employee, or representative authorized to act on the complainant's behalf.
(b) On and after July 1, 2024, or earlier if allowed by the division, complainant also includes a resident, local government, or nonprofit who has filed a complaint alleging a violation of the act, this part 11, or a rule.
(3) Division means the division of housing of the department of local affairs.
(4) Fund means the mobile home park act dispute resolution and enforcement program fund created in section 38-12-1110.
(5) Penalty means a monetary penalty levied against a complainant or respondent because of a violation of either the act or the program.
(6) Program means the Mobile Home Park Act Dispute Resolution and Enforcement Program created in this part 11.
(7) Respondent means a landlord, former landlord, or home owner alleged to have committed a violation of the act, this part 11, or a rule or the respondent's agent, employee, or representative authorized to act on the respondent's behalf.
(8) Rule means a rule promulgated by the division pursuant to the act or this part 11.
Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2631, � 9, effective May 23. L. 2022: (2) and (7) amended and (8) added, (HB 22-1287), ch. 255, p. 1880, � 22, effective October 1.
38-12-1104. Dispute resolution program - creation - division of housing - duties - report - rules. (1) The Mobile Home Park Act Dispute Resolution and Enforcement Program is hereby created.
(2) The division shall:
(a) Produce educational materials regarding the act and the program. These materials must be in both English and Spanish and must include a notice in a format that a landlord can reasonably post in a mobile home park. The notice must summarize home owner and resident rights and responsibilities under the act and this part 11, provide information on how to file a complaint with the division, describe the protections afforded under section 38-12-1105 (13), and provide a toll-free telephone number and website that landlords, home owners, and residents can use to seek additional information and communicate complaints specific to the program.
(b) Distribute the educational materials described in subsection (2)(a) of this section to all known landlords and, as requested, to any complainants or respondents;
(c) Ensure that landlords post the notice provided in subsection (2)(a) of this section in a clearly visible location in common areas of mobile home parks, including any community hall or recreation hall;
(d) Enforce a penalty if the division discovers that the landlord has not appropriately posted the notice provided in subsection (2)(a) of this section in accordance with the requirements of subsection (2)(c) of this section;
(e) Create and maintain a registration database of mobile home parks;
(f) Create and maintain a database of mobile home parks that have had complaints filed against them under the program;
(g) Provide an annual report to the transportation and local government committee of the house of representatives, or its successor committee, and the local government committee of the senate, or its successor committee, and publish that annual report on the division's official website;
(h) Receive complaints and perform dispute resolution and enforcement activities related to the program, including investigations, negotiations, communications, determinations of violations, awards of damages, and impositions of penalties as described in section 38-12-1105;
(i) Issue subpoenas; and
(j) Promulgate such rules as are necessary to implement the provisions of the program created in this part 11 and to clarify the requirements of the Mobile Home Park Act, part 2 of this article 12. Such rules shall be promulgated in accordance with article 4 of title 24.
(3) The program must be funded by the penalties and fees deposited in the fund and any other resources directed to the program.
(4) The attorney general may, at the attorney general's discretion, investigate and enforce compliance with the act and this part 11.
Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2632, � 9, effective May 23. L. 2022: (2)(a), (2)(g), and (2)(h) amended and (4) added, (HB 22-1287), ch. 255, p. 1880, � 23, effective October 1.