C.R.S.
Section 38-12-212.3
Responsibilities of landlord
- acts prohibited
(1)
Intentionally left blank —Ed.(a)
Except as otherwise provided in this section:(I)
In any rental agreement, the landlord is deemed to covenant, warrant, and maintain, throughout the period of the tenancy described in the rental agreement, premises that are safe, clean, fit for human habitation and reasonable use, and accessible to people with disabilities;(II)
A landlord is responsible for and shall pay the cost of the maintenance and repair of any sewer lines, water lines, utility service lines, or related connections owned and provided by the landlord to the utility pedestal or pad space for a mobile home located in the park; and(III)
A landlord shall ensure that:(A)
All plumbing lines and other utility connections owned and provided by the landlord to the utility pedestal or pad space for each mobile home in the park have plumbing and utility connections that conformed to applicable law in effect at the time they were installed and are maintained in good working order;(B)
Each pad space is connected to a sewage disposal system approved under applicable law; and(C)
Running water and reasonable amounts of water are furnished at all times to each utility pedestal or pad space; except that a landlord need not satisfy the conditions described in this subsection (1)(a)(III)(C) if a mobile home is individually metered and the tenant occupying the mobile home fails to pay for water services; the local government in which the mobile home park is situated shuts off water service to a mobile home for any reason; weather conditions present a likelihood that water pipes will freeze, water pipes to a mobile home are wrapped in heated pipe tape, and the utility company has shut off electrical service to a mobile home for any reason or the heat tape malfunctions for any reason; running water is not available for any other reason outside the landlord’s control to prevent through reasonable and timely maintenance; or the landlord is making repairs or improvements to the items described in subsection (1)(a)(II) of this section, the landlord has provided reasonable advance notice to the mobile home residents of a service disruption that is required in connection with the repairs or improvements, and the service disruption continues for no longer than twenty-four hours.(b)
If a landlord fails to maintain or repair the items described in subsection (1)(a)(II) or (2)(b) of this section:(I)
The landlord is responsible for and shall pay the cost of repairing any damage to a mobile home or mobile home lot that results from the failure;(II)
The landlord is responsible for and shall pay the cost of providing alternative sources of potable water and maintaining portable toilets, which portable toilets are located reasonably near affected mobile homes in a manner that renders them accessible to people with disabilities, no later than twelve hours after the service disruption begins, unless conditions beyond the landlord’s control prevent compliance with this subsection (1)(b)(II); and(III)
The landlord shall reimburse residents for any damages to their persons or property, for any loss of use of their property, and for any expenses that they reasonably incur as a result of the failure.(c)
A landlord shall give a minimum of forty-eight hours’ notice to residents if water service will be disrupted for more than two hours for planned improvements, maintenance, or repairs. The landlord shall attempt to give a reasonable amount of notice to residents if water service will be disrupted for any other reasons unless conditions are such that providing the notice would result in property damage, health, or safety concerns or when conditions otherwise require emergency repair.(2)
In addition to the responsibilities described in subsection (1)(a) of this section, a landlord is responsible for:(a)
Any accessory buildings or structures, including sheds and carports, that are owned by the landlord and provided for the use of the residents; and(b)
The premises, including:(I)
Maintaining all common areas in clean condition, good repair, and in compliance with applicable health and safety laws; keeping common areas and facilities generally available for use by park residents; and keeping common areas accessible to people with disabilities;(II)
Maintaining roads and other pavement owned by the landlord in a passable, safe condition that is sufficient to provide access for residents’ vehicles, emergency vehicles, vans providing transportation services to persons who are elderly or disabled, and school buses, if applicable, which maintenance includes snow removal, ensuring adequate drainage, and maintaining pavement above water lines;(III)
Maintaining lot grades, regrading lots as necessary to prevent the accumulation of stagnant water and the detrimental effects of moving water, and taking reasonably necessary steps to maintain the integrity of the foundation of each mobile home’s utility pedestal or pad space in order to prevent structural damage to the mobile home, except in circumstances where the need for such maintenance is caused by a resident’s actions;(IV)
Maintaining trees on the premises in a manner that protects the safety of residents of the park and their property, including the preservation of healthy, mature trees that home owners reasonably expected to remain on the premises when they signed their rental agreements, so long as such preservation does not pose a safety risk to any person, property, or infrastructure; and(V)
Complying with the provisions of part 10 of article 8 of title 25.(3)
A landlord shall not require a resident to assume any of the responsibilities described in subsection (1) or (2) of this section as a condition of tenancy in the park.(4)
Nothing in this section may be construed as:(a)
Limiting the liability of an individual for the cost of repairing any damage caused by the individual to the landlord’s property or other property located in the park; or(b)
Restricting a landlord from requiring a home owner or resident to comply with rules and regulations of the park that are enforceable pursuant to section 38-12-214 or with terms of the rental agreement and any covenants binding upon the landlord or home owner or resident, including covenants running with the land that pertain to the cleanliness of the home owner’s or resident’s lot and routine lawn and yard maintenance and excluding major landscaping projects.(5)
A landlord shall establish and maintain an emergency contact number, post the number in common areas of the park, and communicate the number to home owners and residents in each rental agreement and each revision of the park rules and regulations. A home owner or resident who uses the emergency contact number in a timely manner to report a problem with a condition described in subsection (1) or (2) of this section is deemed to have provided notice to the landlord of the problem.(6)
If a landlord fails to comply with the requirements of this section, a home owner of the park may file a complaint with the division of housing pursuant to the “Mobile Home Park Act Dispute Resolution and Enforcement Program” created in section 38-12-1104. On and after July 1, 2024, or earlier if allowed by the division, a resident who does not own a mobile home in the park, a local government, or a nonprofit may file such a complaint. If the division finds by a written determination that the landlord has violated this section, the division may:(a)
Impose penalties, as described in section 38-12-1105 (5);(b)
Issue an order to cease and desist, as described in section 38-12-1105 (6);(c)
Require the landlord to reduce the rent owed by a home owner or resident on a prorated basis to reflect the home owner’s or resident’s loss of use of the mobile home space; or(d)
Require the landlord to compensate a home owner or resident for housing expenses on a per diem basis if the home owner or resident is displaced from the mobile home as a result of the landlord’s violation.
Source:
Section 38-12-212.3 — Responsibilities of landlord - acts prohibited, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-38.pdf (accessed Oct. 20, 2023).
Up to date