Manufactured Home Rights and Regulations

Related code sections:

• 10-12-25. - Limitation on the Prohibition Sales of Mobile Homes
• 10-12-26. - Limitation on Required Upgrades to Existing Mobile Homes

Highlights

The community owner (landlords):

• Cannot prohibit the sale of mobile homes built before June 15, 1976.
• Cannot “interfere with, discourage or delay” the sale or purchase of a manufactured home.
• Cannot require inspections inside of homes.
• Cannot require upgrades prohibited by state or federal law.

Home sellers must provide the buyer with a safety inspection when selling homes built before June
15, 1976.

Buyers: Typically, the seller completes repairs required by landlord. If buyers and sellers agree, the buyer may complete those repairs.

Safety Inspections

Safety inspections are required for homes built before June 15, 1976.

• To sell a home built before June 15, 1976, the seller must have a licensed inspector complete a Baseline Inspection Assessment.
• The seller must provide the safety inspection to the buyer.
• A list of companies that perform these inspections can be found on the city's website.
  • This is not an all-inclusive list of companies and people that are officially licensed by the city to perform both inspections.

A Guide for Selling and Buying a Manufactured Home in Boulder

This guide walks home sellers, homebuyers, community managers, real estate agents, etc. through the necessary steps and timing of a home sale.

• Guide for Selling and Buying a Manufactured Home | City of Boulder

Related code sections:

• 10-12-25. - Limitation on the Prohibition Sales of Mobile Homes
• 10-12-26. - Limitation on Required Upgrades to Existing Mobile Homes

A landlord can only require a repair or upgrade outside of the home (home exterior, yard, shed, carport, etc.) when these maintenance and repair requirements are included in the community’s rules and regulations (provided they do not conflict with any other laws) and the homeowner agreed to comply with them.

Related code section: 10-12-26. - Limitation on Required Upgrades to Existing Mobile Homes

Lease terms or rules and regulations related to repairs and upgrades must be:

In writing,

• Easy to understand and specific,
• Properly shared and posted, and
• Equally and fairly enforced.

If a homeowner requests more information, the landlord has three business days to provide a clear and complete response to the homeowner so they can complete the repair.

Related code section: 10-12-26. - Limitation on Required Upgrades to Existing Mobile Homes

Trees are the responsibility of landlords.

Landlords cannot require a tenant to pay for tree maintenance.

Related code section: 10-12-27. - Trees

Landlords must respect the privacy of tenants. A landlord may not enter a home unless:

• They have written permission from the tenant,
• There is an emergency that requires entry into the home or
• The home has been abandoned.

If a tenant gives permission to the landlord to enter the home, they can revoke it in writing.

Related code section: 10-12-28. - Right to Privacy

Landlords can enter the lot to:

• Maintain utilities,
• Ensure compliance with:
  • a. local, state or federal laws
  • b. the lease or
  • c. rules and regulations.
• Respond to an emergency.

Landlords may not interfere with the tenant’s peace and quiet.

Landlords must make a reasonable effort to notify the tenant at least 48 hours before entering the lot.

Related code section: 10-12-28. - Right to Privacy

Tenants have the right to do the following without being retaliated against:

• Share concerns with a government agency about their community,
• Make a good-faith complaint to the landlord,
• File a lawsuit or administrative action against the landlord,
• Organize a community association,
• Not pay the amount of rent that is equal to a repair paid by the tenant but believed to be landlord’s responsibility or
• Any other act to assert one’s rights under local, state or federal law.

Related code section: 10-12-29. - Retaliation Prohibited

It is considered retaliation if landlords do any of the following in response to tenant’s rights (see previous page):

• Increase rent or decrease services.
• Attempt to change the rental agreement (this is illegal), impose a fee, change or unevenly enforce community rules.
• Threaten eviction or any other legal action.

An attempt to evict a resident within six months of the tenant exercising their rights (see previous page) could be considered retaliation.

Related code section: 10-12-29. - Retaliation Prohibited

• Tenants have the right to:
  • meet and
  • form a community association.
• Tenants or associations of tenants have a right to meet to:
  • Discuss topics related to living in their community,
  • For social purposes, and
  • For educational purposes, including hosting forums for public officials and candidates running for public office.

Tenants may use common areas to host events at reasonable hours.

Related code section: 10-12-29. - Retaliation Prohibited

Landlords cannot:

• Harass or threaten a community association.
• Be deceptive or unfair.
• Prohibit the publication or distribution of information about association meetings.
• Discourage tenants from participating in a community association.

Related code section: 10-12-29. - Retaliation Prohibited

• City of Boulder staff can refer any landlord-tenant matter addressed by city code to mediation, except matters related to sale and purchase of a home and home repairs.
• Requests to mediate are delivered to:
  • Homeowner: By first class mail.
  • Community Owner:
    • Park staff and
    • By or on behalf of initiating party during regular office hours.
• The request should be specific about:
  • Reason for mediation,
  • City code section and topic of dispute and
  • Name and address of mediation service.

Related code section: 10-12-30. - Mediation of Disputes

• If both parties wish to mediate, enforcement staff can stop enforcement proceedings for up to 15 days or until the mediation date.
• Failure to participate in a mediation after a request has been served can be considered as a factor in municipal court when determining the penalty.

Related code section: 10-12-30. - Mediation of Disputes

When providing the lease, rules and regulations and any other notice required by the lease, landlords must include:

To:

From:

Date:

Topic: Language Supports Available

You have been served with an important legal notice by your Mobile Home Park landlord. If you need assistance reading and understanding the attached notice, the City of Boulder will provide you with assistance. Please contact the City of Boulder Language Access Program immediately for assistance.

Related code section: 10-12-31. - Services to Tenants with a First Language Other than English (Limited Proficiency in the English Language)

Landlords must provide new tenants with the following in writing:

• A list of all rent increases for the lot over the last five (5) years.
• Fee amounts for late payments and bounced checks.
• Pet restrictions.
• All amenities and any deposits or fees required to use them.

Related code section: 10-12-32. - Required Information to New Tenants: A Landlord shall Provide New Tenants with the Following Information in Writing

A landlord must provide 60-days advanced notice, when possible, in writing, if they plan to make a significant change to the location or size of the lot.

Related code section: 10-12-32. - Required Information to New Tenants: A Landlord shall Provide New Tenants with the Following Information in Writing

• Payments with cash or money order:
  • 1. In person: The landlord must provide a dated receipt at the time of payment.
  • 2. Not in person: If the tenant requests a receipt, landlord must provide it within seven days. The receipt must include: (a) date, (b) amount paid and (c) party paid.
• Requested Receipts: When a tenant requests a paper receipt, the landlord must provide it. Otherwise, an electronic receipt is acceptable. Receipts may be included as part of a billing statement.
• Notice of nonpayment of rent (paid in person): The landlord must provide a dated receipt at the time of payment.

Related code section: 10-12-34. - Landlord to Issue Receipt of Payment of Rent to Tenant when Requested

• If, after hearing all evidence, the city manager finds a violation, a civil penalty up to $2,000 may be charged per violation and/or an order may be issued to ensure compliance.
• The city can bring a civil action to enforce these provisions.
• Criminal penalties, including jail time.

Note: Any person injured by a violation of these two provisions can pursue damages or other relief in District Court.

Talk to your park manager.

• Boulder Meadows: 303-442-6337
• Orchard Grove: 303-442-2648
• Ponderosa: 303-443-6259
• Vista Village: 303-443-3002

You can use the following resources:

• The Colorado Mobile Home Park Landlord-Tenant Act (“Act”), Colorado Revised Statutes (C.R.S.), starting at Section 38-12-201, establishes the relationship between community owners and homeowners. It addresses leases, rules and regulations, eviction, utility service, infrastructure and more.
• The Mobile Home Park Oversight Program* (MHPOP) resolves disputes between community owners and homeowners.
  • Email: MHPOP@state.co.us
  • Phone: 833-924-1147
• 9to5 Colorado* can connect tenants with additional resources and answer questions related to the Mobile Home Park Oversight Program.
  • Email: 9to5Colorado@9to5.org
  • Phone: 303-628-0925
• The city’s Community Mediation and Resolution Center* can help resolve disputes and help provide neutral information related to landlord-tenant matters.
  • Email: mediation@bouldercolorado.gov
  • Phone: 303-441-4364

*These resources are available for Spanish speakers.