(1) The "Mobile Home Park Act Dispute Resolution and Enforcement Program" is hereby created.
(2) The division shall:
Produce educational materials regarding the act and the program. These materialsmust 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 rights and responsibilities, provide information on how to file a complaint with the division, describe the protections afforded home owners under section 38-12-1105 (13), and provide a toll-free telephone number and website that landlords and home owners can use to seek additional information and communicate complaints specific to the program;
Distribute the educational materials described in subsection (2)(a) of this section toall known landlords and, as requested, to any complainants or respondents;
Ensure that landlords post the notice provided in subsection (2)(a) of this section in aclearly visible location in common areas of mobile home parks, including any community hall or recreation hall;
Enforce a penalty if the division discovers that the landlord has not appropriatelyposted the notice provided in subsection (2)(a) of this section in accordance with the requirements of subsection (2)(c) of this section;
Create and maintain a registration database of mobile home parks;
Create and maintain a database of mobile home parks that have had complaints filedagainst them under the program;
Provide an annual report to the transportation and local government committee of thehouse of representatives, or its successor committee, the local government committee of the senate, or its successor committee, and to the department of regulatory agencies, and publish that annual report on the division's official website;
Receive complaints and perform dispute resolution activities related to the program,including investigations, negotiations, determinations of violations, and imposition of penalties as described in section 38-12-1105;
Issue subpoenas;
Promulgate such rules as are necessary to implement the provisions of the programcreated 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.
Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2632, § 9, effective May 23.