(1) The management shall not take retaliatory action against a home owner who exercises any right conferred upon the home owner by this part 2, part 11 of this article 12, or any other provision of law.
(2) Except as described in subsection (3) of this section, in an action or administrative proceeding by or against a home owner, the management's action is presumed to be retaliatory if, within the one hundred twenty days preceding the management's action, the home owner:
Complained or expressed an intention to complain to a governmental agency about amatter relating to the mobile home park;
Submitted a complaint to the management about a violation described in this part 2;
Organized or became a member of a tenants' association or similar organization; or
Made any other effort to secure or enforce any of the rights or remedies provided bythis part 2 or any other provision of law.
The presumption of retaliatory action described in subsection (2) of this section doesnot apply to an action or administrative hearing where the management:
Addresses nonpayment of rent by a home owner, as described in section 38-12-204;or
Was notified by a peace officer or otherwise became aware that the mobile home thatis the basis of the administrative hearing was being operated as an illegal drug laboratory, as defined in section 25-18.5-101 (8).
The management may rebut a presumption of retaliation with sufficient evidence of anonretaliatory purpose.
The rights and remedies provided by this section are available to home owners inaddition to the anti-retaliation protection provided in section 38-12-1105 (13).
Source: L. 2020: Entire section added, (HB 20-1196), ch. 195, p. 922, § 11, effective June 30.