HomeMy WebLinkAboutMemo - Mail Packet - 09/10/2024 - Memorandum from JC Ward re: Mobile Home Park State and Local Enforcement281 North College Avenue
P.O. Box 580
Fort Collins, CO 80522.0580
970.221.6376
NeighborhoodServices@fcgov.com
cc: Kim Meyer, Interim Director, Community Development and Neighborhood Services
Marcy Yoder, Sr. Manager, Neighborhood Services
Claudia Menendez, Equity Officer
Community Development & Neighborhood Services
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MEMORANDUM
DATE: August 21, 2024
TO: Mayor Arndt and City Councilmembers
THRU: Kelly DiMartino, City Manager
Tyler Marr, Deputy City Manager
Caryn Champine, Director, Planning, Development & Transportation
FROM: JC Ward, Neighborhood Programs Manager, Neighborhood Services
RE: Mobile Home Park State and Local Enforcement
This memo provides City Councilmembers with information about state and local mobile home
park oversight and enforcement as requested at the Council Work Session on May 14, 2024.
The Bottom Line:
Mobile home park residents’ rights and livability issues in Fort Collins are addressed through a
combination of Municipal Code enforcement and state-level Mobile Home Park Oversight Program
(“MHPOP”) enforcement and dispute resolution. MHPOP was created in 2019 to investigate and
enforce the Mobile Home Park Oversight Act and Amendments (“the Act”) which address issues
such as: water rebilling accuracy; enforceability of park rules and lease provisions; required
maintenance and repair of park infrastructure like roads, water lines, and street lights; compliance
of notices to sell the park, change park rules, enter lots, shut off water for repairs, and increase
rent; tree maintenance; frequency of rent increases; and retaliation by management. The
Department of Local Affairs (“DOLA”) does not delegate authority to enforce Mobile Home Park
Oversight Act provisions to local government and instead directs residents, mobile home park
owners, and local government entities to file complaints with MHPOP, which has enforcement
tools unavailable to municipal governments. The Mobile Home Park Oversight Act and
Amendments allow local government to adopt and enforce the Act through local processes, but
legal review would be necessary. As outlined in the memo to Council from the City Attorney’s
Office, there are a number of ways the City could step into a greater enforcement role for the
state-level legislation but there would be associated personnel and enforcement program costs,
potential for inconsistent enforcement between the state and local levels or unintentional
duplication of effort and penalty assessment, and diversion of funds from financial penalties for
violations from the state’s MHPOP to the City of Fort Collins.
Municipal Code changes over the last three years allow the City to address livability issues outside
the MHP Oversight Act including: greater auditing ability for water utility rebilling; allowing
clotheslines, window air conditioners, and evaporative coolers in MHPs; requiring leak notification
program participation for MHP owners; posting emergency contact information in English and
Spanish; limiting required upgrades; making tree maintenance the responsibility of MHP owners;
and clarifying the right of entry for Nuisance Code proactive inspection. Investigation and
enforcement of potential Municipal Code violations typically begin with a complaint submitted
through Access Fort Collins, email to the Mobile Home Park Residents’ Rights Team, or concerns
raised during neighborhood meetings or through nonprofit partners. The team contacts other City
departments as necessary, meets with property managers or owners, and works closely with all
involved to achieve voluntary compliance. Staff may also refer residents to legal service providers
or mediation services. Complaint-based enforcement of Municipal Code violations are underway
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
with three notices of violation for Mobile Home Park Section 18 violations and 18 notices of
violation for Nuisance Code issued over the last year. These notices of violation had a 96%
voluntary compliance rate with only one citation written. Proactive inspections for Nuisance Code
violations have been conducted as part of a needs assessment but will begin full enforcement in
Q4 2024 following additional intensive outreach and mitigation activities.
Background:
City of Fort Collins Residents’ Rights Team Background
Over the last five years, the City of Fort Collins has dedicated Staff time to mobile home park
residents’ rights and livability issues. The cross-departmental Residents’ Rights Team was
established in September 2019 to support Council priorities around mobile home park livability and
continues to meet monthly to implement projects that improve transparency and accessibility of
resources, encourage collaboration among City departments working in the mobile home park and
affordable housing spaces, provide a support network for residents, and develop or enhance
Municipal Code enforcement mechanisms.
The MHP Residents’ Rights Team created a local complaint system, utilizing Access Fort Collins,
that routes residents directly to specialized Neighborhood Services staff; updated the Municipal
Code to address residents’ priority issues; assisted with voluntary Nuisance Code compliance to
avoid displacement; and contributed to the state’s Mobile Home Park Oversight Act Amendments.
Six mobile home park residents are serving as paid Community Consultants and one resident is
now on staff to assist with identifying and addressing community needs in ways that work for MHP
neighborhoods.
Colorado Mobile Home Park Oversight Program Background
The Colorado Mobile Home Park Act Amendment in 2019 created the Mobile Home Park
Oversight Program for dispute resolution and enforcement of the Act, as well as a registration
system for mobile home park owners. Prior versions of the MHP Act relied on residents to enforce
its provisions through the courts. The divided asset nature of mobile home parks, where the
resident owns the home but the MHP owner owns the land, creates similar issues to those in
rental housing, where a tenant enforcing their rights through the courts may jeopardize their
housing.
MHPOP began operating in May 2020, allowing mobile homeowners, property managers, and
MHP owners to file complaints with the department rather than using the judicial system to resolve
issues. In 2022, MHPOP expanded to allow complaints by renters in mobile home parks. Due to
residents’ concerns about retaliation for filing complaints with MHPOP, in 2024, the Colorado
legislature will also allow local government entities and nonprofit organizations to file complaints
on behalf of MHP residents.
Current State: Colorado Mobile Home Park Oversight Program
The program has been accepting complaints from property managers, MHP owners, and residents
since 2020. Staffing levels increased in 2021 for the park registration program and in 2023 for
investigation of complaints. MHPOP estimates that the program needs significant investment in
additional staff to meet the current investigatory caseload and build capacity to address future
complaint volume.
Based on DOLA’s MHPOP annual reports from 2020-2023:
MHPOP receives an average of 206 complaints per year and 508 violations alleged per
year.
18% of complaints are resolved within 12 months and 16% are resolved within 24 months.
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
(Excludes cases resolved through consolidation with other open cases.)
70% of all complaints received are currently unresolved.
There are more than 100 unresolved complaints from 2020, the first year of the program’s
operation.
More than 200 complaints are filed per year with MHPOP with approximately 170
unresolved statewide complaints carrying over each year, compounding the program’s
annual investigatory workload.
Of the cases reaching resolution since 2020, 92% were resolved by the parties, indicating
a potential growth space and mediation services.
The program resolves an average of 2.7 complaints per year through notices of its final
determination.
Additional data on the program and its performance can be found in Appendix A.
Although MHPOP does not release city/county-specific data, the types and distribution of
complaints received by the program statewide provide insight into the areas of concern for
residents. MHPOP’s investigatory tools and enforcement mechanisms are outlined in the Act and
Administrative Rules. MHPOP has subpoena power for records related to their investigations,
ability to levy monetary penalties for violations of the Act, power to issue cease and desist orders,
and authority to determine legal enforceability of lease terms and park rules. MHPOP also has a
collaborative agreement with the Colorado Attorney General’s Office for interpretation of lease
agreement terms, enforceability of park rules, and assistance with enforcement of the Act.
As seen in the figure below, most mobile home park resident complaints to MHPOP fall under the
Colorado Mobile Home Park Oversight Act and Amendments (“the Act”) or Protections for Mobile
Home Park Residents. Both pieces of legislation direct MHP residents to DOLA and the state’s
MHPOP system for resolution. Neither the Act nor DOLA delegate authority to enforce Mobile
Home Park Oversight Act provisions to local government and instead direct residents, mobile
home park owners, and local government entities to file complaints with MHPOP.
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
Current State: City of Fort Collins MHP Enforcement
Beginning in 2022, Code Compliance conducted two Code Enforcement needs assessments per
mobile home park per year within the city limits to determine the most frequent Code violations.
80% of violations in MHPs during the needs assessment were rubbish (accumulation of trash
outside of appropriate receptacles) and outdoor storage (of indoor furniture, construction materials,
dilapidated items, tires, or appliances). Less than 10% of all units inspected over the course of the
needs assessments had potential Code violations. 92% of all violations were observed in two
mobile home parks, Hickory Village and Harmony Village.
Complaint-based enforcement of Municipal Code violations are underway with three notices of
violation for Mobile Home Park Section 18 violations and 18 notices of violation for Nuisance Code
issued over the last year. These notices of violation had a 96% voluntary compliance rate and one
citations was necessary for a violation of Nuisance Code for weeds or grass. Proactive inspections
for Nuisance Code violations have been conducted as part of a needs assessment but will begin
full proactive enforcement in Q4 2024 following additional intensive outreach and mitigation
activities.
To prepare neighborhoods for proactive inspections and enforcement, Neighborhood Services
13%
12%
10%
9%
8%
8%
8%
6%
5%
4%
4%
4%
3%
1%
1%1%
% Alleged MHP Owner/Manager Violations by Category 2020-2023
Water billing issues & disclosures Park Rules Unenforceable
Unlawful Termination of Lease Agreement/Eviction Rental Agreement
Maintenance of water/sewer/utility lines Common Areas
Notice of intent to sell or opportunity to purchase Retaliation
Less than 60 days notice of rent increase Posting emergency contact information
Trees Lack of 48-hour notice to enter premises
Roads, Lot Grades, & Pavement Maintenance Water Availability or Amount
Notice of water leak or shutoff Rent increased more than once in 12 months
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
partnered with property managers and residents to mitigate potential Code violations. Over the last
three years, Neighborhood Services hosted clean-up events in the five mobile home parks with the
highest numbers of potential violations, removing over 120 tons of trash, mattresses, e-waste, and
household hazardous waste.
Under the current complaint-based enforcement process, investigation and enforcement of
potential Municipal Code violations begin with a complaint submitted through Access Fort Collins,
email to the Mobile Home Park Residents’ Rights Team, or concerns raised during neighborhood
meetings or through nonprofit partners. The team contacts other appropriate City departments as
necessary, meets with property managers or owners, and works closely with all involved to
achieve voluntary compliance. For mobile home park issues that require legal advice, opinions, or
analysis, Neighborhood Services staff refers residents to free attorney advice clinics or legal
services through the Eviction Legal Fund, as staff does not give legal advice to the public due to
the potential liability related to staff members interpreting state law. An important distinction
between the state MHPOP complaint process and the local one is that Access Fort Collins allows
anonymous submission of complaints.
Additional work supportive of the MHP enforcement program to achieve voluntary Code
compliance includes an informational website; targeted mitigation grants; designated liaisons and
community consultants; state and county partnerships focused on policy, mitigation of Code
violations, and funding; participatory outreach activities; and coordination with regulatory agencies
to promote new programming and protections.
Intersection of Local and State Enforcement
Table 3 below lists the categories of MHPOP allegations by frequency 2020-2023 and where City
staff is engaging in enforcement of these concerns within our purview.
Allegation
submitted to
MHPOP
% of Total
Statewide
Allegations
(2020-
2023) to
MHPOP
Current City Staff Enforcement Involvement
Water billing issues
& disclosures
13% Neighborhood Services has auditing access as of Dec. 2023
from Municipal Code changes – no new complaints yet
Park Rules
Unenforceable
12% None – refer to MHPOP & Colorado Poverty Law Project
Unlawful
Termination of
Lease
Agreement/Eviction
10% None – refer to MHPOP & Colorado Poverty Law Project
Rental Agreement 9% None – refer to MHPOP & Colorado Poverty Law Project
Maintenance of
water/sewer/utility
lines
8% None
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
Common Areas 8% Neighborhood Code Compliance enforces
Notice of intent to
sell or opportunity
to purchase
8% None – refer to MHPOP
Retaliation 6% None – refer to MHPOP & Colorado Poverty Law Project
Less than 60 days
notice of rent
increase
5% None – refer to MHPOP & Colorado Poverty Law Project
Posting emergency
contact information
4% Neighborhood Services MHP Residents’ Rights Team
enforces
Trees 4% Neighborhood Services enforces (MHP Team, Code, &
Forestry)
Lack of 48-hour
notice to enter
premises
4% None – refer to MHPOP & Colorado Poverty Law Project
Roads, Lot Grades,
& Pavement
Maintenance
3% Building Services conducts complaint-based lot grading
inspections/enforcement
Water Availability
or Amount
1% None – refer to MHPOP
Notice of water
leak or shutoff
1% None – refer to MHPOP
New Dec. 2023 leak notification system requirement for
MHP owners & audit function by Neighborhood Services –
no new complaints yet
Rent increased
more than once in
12 months
1% None – refer to MHPOP & Colorado Poverty Law Project
Next Steps
Enforcement of existing Municipal Code in mobile home parks will continue on a proactive
basis until Q4 2024. Until that time, intensive outreach to reach residents in the MHPs with
the highest number of potential violations observed during the needs assessment will be
conducted including:
Meet an inspector events and educational Code inspections
Community Consultant monthly walk throughs and educational notices of potential
violation
Mitigation fund distribution based on Community Consultant recommendations
Ask an Inspector programming in person and virtually
Door-to-door canvassing with educational materials and
Community clean-up days.
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
Proactive inspections for Municipal Code violations will begin in Q4 2024.
City staff continues to be involved in the DOLA/MHPOP rule-making processes and
advisory teams, assisting with identification of gaps or enforcement issues in the current
Act for DOLA and elected officials.
A Council memo from the City Attorney’s Office was distributed on June 27, 2024 regarding
the City’s ability to enforce the Act and adopt additional regulations.
If City Council would like to consider additional enforcement measures for the Act, staff can
bring forward options and recommendations to a Council Work Session.
Discuss any potential additional enforcement of the Act with state-level representatives for
Fort Collins who have been active in the mobile home park space and support of the
MHPOP.
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
Appendix A – Mobile Home Oversight Program Data 2020-2023
The following is based on DOLA’s MHPOP annual reports from 2020-2023. MHPOP receives an
average of 206 complaints per year and 508 violations alleged per year. 18% of complaints are
resolved within 12 months and 16% are resolved within 24 months.* There are more than 100
unresolved complaints from 2020, the first year of the program’s operation.
*Excludes cases “resolved” through consolidation with other open cases.
Figure 1: Mobile Home Park Oversight Program Complaints Received and Resolved by Year
MHPOP complaints can be resolved in four ways: notice of violation issued after investigation,
notice of non-violation issued after investigation, withdrawal of complaint, or consolidation of
associated cases (these complaints are still under investigation but removed from the “unresolved”
case count). 92% of all resolved cases, excluding consolidations, are resolved by the parties
themselves.
Table 1: Mobile Home Park Oversight Program Complaint Resolution Notices of Violation and
Notices of Non-Violation by year 2020-2023
2020-2021 2021-2022 2022-2023
# Complaints Resolved by Notice of
Violation from MHPOP 0 2 2
# Complaints Resolved by Notices of
Non-Violation from MHPOP 1 1 2
0
50
100
150
200
250
July 2020-June 2021 July 2021-June 2022 July 2022-June 2023
MHPOP # Complaints Received & Resolved
by Year
# Complaints Received # Complaints Resolved excluding consolidated cases
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
Figure 2: Mobile Home Park Oversight Program Complaint Resolution 2020-2023
70%
20%
5%5%
MHPOP Complaint Resolution
2020-2023
% Complaints Unresolved
% Complaints Resolved by Parties
% Complaints Resolved by MHPOP/Withdrawn
% Complaints Consolidated cases
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9
Figure 3: Mobile Home Park Oversight Program % Alleged MHP Owners/Managers Violations of
Total Allegations 2020-2023
13%
12%
10%
9%
8%
8%
8%
6%
5%
4%
4%
4%3%
1%1%1%
% Alleged MHP Owner/Manager Violations by Category
Water billing issues & disclosures Park Rules Unenforceable
Unlawful Termination of Lease Agreement/Eviction Rental Agreement
Maintenance of water/sewer/utility lines Common Areas
Notice of intent to sell or opportunity to purchase Retaliation
Less than 60 days notice of rent increase Posting emergency contact information
Trees Lack of 48-hour notice to enter premises
Roads, Lot Grades, & Pavement Maintenance Water Availability or Amount
Notice of water leak or shutoff Rent increased more than once in 12 months
Docusign Envelope ID: B8611514-B852-474D-8D9F-A1664E8B6BB9