(1) The
division shall register all mobile home parks on an individual basis and renew this
registration annually.
(2) The division shall send registration notifications and information packets
to all known landlords of unregistered mobile home parks. These information
packets must include:
(a) Registration forms that satisfy all of the requirements of subsection (7) of
this section;
(b) Information about the different methods of registration;
(c) Information about the single, statewide toll-free telephone number
described in subsection (11) of this section;
(d) Registration assessment information, including registration due dates
and late fees, and the collections procedures, liens, and charging costs to home
owners or residents; and
(e) A description of the protections afforded home owners and residents
under section 38-12-1105 (13).
(3) The division shall annually send registration renewal notifications and
information packets to all registered mobile home parks.
(4) A landlord must file for registration or registration renewal by submitting
to the division, either through the division's website, by mail, or in person, a
registration or registration renewal form provided by the division and pay a
registration fee as described in subsection (8) of this section.
(5) A landlord must notify the division within thirty days of a change in the
ownership of the landlord's mobile home park so that the division may update the
mobile home park's registration information.
(6) The division shall make available on the division's website electronic
forms to register a mobile home park. These forms must be available in both English
and Spanish and satisfy all of the requirements of subsection (7) of this section.
(7) The registration forms provided by the division must require information
necessary to assist the division in identifying and locating a mobile home park and
other information that may be useful to the state. A registration is not complete
unless the landlord includes all of the information required by the forms provided
by the division. The forms must require, at a minimum:
(a) The name and address of the landlord;
(a.5) (I) The name and mailing address of the legal owner of the mobile home
park as recorded in the property records of the county assessor for the property
and a copy of the property record, property report, or similar supporting
documentation from the county assessor's website.
(II) If the legal owner of the mobile home park listed pursuant to subsection
(7)(a.5)(I) of this section is a domestic limited liability company, the landlord shall
include the domestic entity name of the limited liability company and the principal
office mailing address on file with the secretary of state, a copy of the certificate of
good standing for the limited liability company, and the name of any entity that
exercises financial or management control of the limited liability company.
(III) If the legal owner of the mobile home park listed pursuant to subsection
(7)(a.5)(I) of this section is a foreign limited liability company, the landlord shall
include the entity's true name and assumed entity name, if any, and the principal
office mailing address of its principal office as shown on the statement of foreign
entity authority filed with the secretary of state, a copy of the certificate of good
standing for the foreign limited liability company, and the name of any entity that
exercises financial or management control of the limited liability company.
(b) The name and address of the mobile home park;
(c) The number of lots within the mobile home park;
(d) The number of mobile homes within the mobile home park;
(e) The physical address of each mobile home within the mobile home park
and the mailing address of the home owner, if the landlord has a different mailing
address on file for the home owner;
(f) The date and amount of the most recent rent increase for each mobile
home lot and each mobile home in the park;
(g) A description of the mobile home park's water source, including the type
of water source; and
(h) The method for charging residents for water and sewer, whether water
and sewer charges are included in rent, submetered, or collected by other
collection means.
(8) The division shall establish by rule a fee that each landlord shall pay to
the division as an annual registration fee for each mobile home independently
owned on rented land within the landlord's mobile home park. On and after July 1,
2024, the division may adjust the fee to cover the costs associated with complaints
filed pursuant to section 38-12-1103 (2)(b), and may by rule authorize landlords to
charge a resident, as defined in section 38-12-201.5 (11), a portion of the fee. A
landlord must not charge a home owner or resident more than half of the fee. The
registration fee for each mobile home must be deposited into the fund. The division
shall review the annual registration fee and, if necessary, adjust the annual
registration fee through rule-making to ensure it continues to reasonably relate to
the cost of administering the program.
(9) Initial registrations of mobile home parks must be filed before February 1,
2020, and after that date within three months of the availability of mobile home lots
for rent within a new park. A landlord who was sent an initial registration form and
who missed the deadline for registration is subject to a delinquency fee of up to five
thousand dollars. Landlords who receive registration renewal notifications and do
not renew their registration by the expiration date as assigned by the division are
also subject to a delinquency fee of up to five thousand dollars.
(10) Registration is effective on the date determined by the division, and the
division must issue a registration number to each registered mobile home park. The
division must provide an expiration date, assigned by the division, to each
registered mobile home park.
(11) The division shall establish a system, including but not limited to a single,
statewide toll-free telephone number, for responding directly to inquiries about the
registration process.