(1) (a) Except as
otherwise provided in this section:
(I) In any rental agreement, the landlord is deemed to covenant, warrant, and
maintain, throughout the period of the tenancy described in the rental agreement,
premises that are safe, clean, fit for human habitation and reasonable use, and
accessible to people with disabilities;
(II) A landlord is responsible for and shall pay the cost of the maintenance
and repair of any sewer lines, water lines, utility service lines, or related
connections owned and provided by the landlord to the utility pedestal or pad space
for a mobile home located in the park; and
(III) A landlord shall ensure that:
(A) All plumbing lines and other utility connections owned and provided by
the landlord to the utility pedestal or pad space for each mobile home in the park
have plumbing and utility connections that conformed to applicable law in effect at
the time they were installed and are maintained in good working order;
(B) Each pad space is connected to a sewage disposal system approved
under applicable law; and
(C) Running water and reasonable amounts of water are furnished at all
times to each utility pedestal or pad space; except that a landlord need not satisfy
the conditions described in this subsection (1)(a)(III)(C) if a mobile home is
individually metered and the tenant occupying the mobile home fails to pay for
water services; the local government in which the mobile home park is situated
shuts off water service to a mobile home for any reason; a third-party water
provider shuts off water for the mobile home park for any reason that is unrelated
to the landlord's actions or inactions; weather conditions present a likelihood that
water pipes will freeze, water pipes to a mobile home are wrapped in heated pipe
tape, and the utility company has shut off electrical service to a mobile home for
any reason or the heat tape malfunctions for any reason; running water is not
available for any other reason outside the landlord's control to prevent through
reasonable and timely maintenance; or the landlord is making repairs or
improvements to the items described in subsection (1)(a)(II) of this section, the
landlord has provided reasonable advance notice to the mobile home residents of a
service disruption that is required in connection with the repairs or improvements,
and the service disruption continues for no longer than twenty-four hours.
(b) If a landlord fails to maintain or repair the items described in subsection
(1)(a)(II) or (2)(b) of this section:
(I) The landlord is responsible for and shall pay the cost of repairing any
damage to a mobile home or mobile home lot that results from the failure;
(II) The landlord is responsible for and shall pay the cost of providing
alternative sources of potable water reasonably sufficient for drinking and cooking
no later than twelve hours after a service disruption begins and reasonably
sufficient for bathing and all other essential hygiene for all members of the
household no later than seventy-two hours after a service disruption begins and for
maintaining portable toilets that are located reasonably near affected mobile
homes in a manner that renders them accessible to people with disabilities no later
than twelve hours after the service disruption begins unless conditions beyond the
landlord's control reasonably prevent compliance with this subsection (1)(b)(II); and
(III) The landlord shall reimburse residents for any damages to their persons
or property, for any loss of use of their property, and for any expenses that they
reasonably incur as a result of the failure.
(c) A landlord shall give a minimum of forty-eight hours' notice to residents if
water service will be disrupted for more than two hours for planned improvements,
maintenance, or repairs. The landlord shall attempt to give a reasonable amount of
notice to residents if water service will be disrupted for any other reasons unless
conditions are such that providing the notice would result in property damage,
health, or safety concerns or when conditions otherwise require emergency repair.
(d) In addition to the requirements of subsection (1)(b) of this section, a
landlord must also provide a resident with potable water reasonably sufficient for
drinking, cooking, bathing, and all other essential hygiene within the time frames
specified in subsection (1)(b)(II) of this section if the mobile home park or the
resident or home owner's lot in the park is subject to a boil water advisory that was
caused due to maintenance or repairs to the park performed or ordered by a park
owner or a park owner's agent or contractor until the advisory has been rescinded
by the issuing agency. A landlord shall also provide a notice, posted in a
conspicuous place on each mobile home lot in both English and Spanish, of a boil
water advisory as soon as possible but not later than twenty-four hours after the
landlord receives the boil water advisory. Notices that are required to be reissued
must also be posted in compliance with this subsection (1)(d).
(2) In addition to the responsibilities described in subsection (1)(a) of this
section, a landlord is responsible for:
(a) Any accessory buildings or structures, including sheds and carports, that
are owned by the landlord and provided for the use of the residents; and
(b) The premises, including:
(I) Maintaining all common areas in clean condition, good repair, and in
compliance with applicable health and safety laws; keeping common areas and
facilities generally available for use by park residents; and keeping common areas
accessible to people with disabilities;
(II) Maintaining roads, existing or constructed sidewalks, and other pavement
owned by the landlord in a passable, safe condition that is sufficient to provide
access for residents' vehicles, emergency vehicles, vans providing transportation
services to persons who are elderly or disabled, and school buses, if applicable,
which maintenance includes ensuring adequate drainage, maintaining pavement
above water lines, and snow removal for all roadways and for all pedestrian
sidewalks and other pavements that provide access to mailboxes, public notice
areas, and public buildings;
(III) Maintaining lot grades, regrading lots as necessary to prevent the
accumulation of stagnant water and the detrimental effects of moving water, and
taking reasonably necessary steps to maintain the integrity of the foundation of
each mobile home's utility pedestal or pad space in order to prevent structural
damage to the mobile home, except in circumstances where the need for such
maintenance is caused by a resident's actions;
(IV) Maintaining trees on the premises in a manner that protects the safety
of residents of the park and their property, including the preservation of healthy,
mature trees that home owners reasonably expected to remain on the premises
when they signed their rental agreements, so long as such preservation does not
pose a safety risk to any person, property, or infrastructure; and
(V) Complying with the provisions of part 10 of article 8 of title 25.
(3) A landlord shall not require a resident to assume any of the
responsibilities described in subsection (1) or (2) of this section as a condition of
tenancy in the park.
(4) Nothing in this section may be construed as:
(a) Limiting the liability of an individual for the cost of repairing any damage
caused by the individual to the landlord's property or other property located in the
park; or
(b) Restricting a landlord from requiring a home owner or resident to comply
with rules and regulations of the park that are enforceable pursuant to section 38-12-214 or with terms of the rental agreement and any covenants binding upon the
landlord or home owner or resident, including covenants running with the land that
pertain to the cleanliness of the home owner's or resident's lot and routine lawn and
yard maintenance and excluding major landscaping projects.
(5) A landlord shall establish and maintain an emergency contact number,
post the number in common areas of the park, and communicate the number to
home owners and residents in each rental agreement and each revision of the park
rules and regulations. A home owner or resident who uses the emergency contact
number in a timely manner to report a problem with a condition described in
subsection (1) or (2) of this section is deemed to have provided notice to the landlord
of the problem.
(5.5) A landlord shall establish a unique mailing address and mailbox for
each mobile home park lot to provide access to United States mail service and shall
include the mailing address in the rental agreement. The mailboxes provided under
this section may be located in one or more common areas located within the park or
on individual lots. The requirements of this subsection (5.5) do not apply if United
States mail service is not available in the geographic area where the park is located.
(6) If a landlord fails to comply with the requirements of this section, a home
owner of the park may file a complaint with the division of housing pursuant to the
Mobile Home Park Act Dispute Resolution and Enforcement Program created in
section 38-12-1104. On and after July 1, 2024, or earlier if allowed by the division, a
resident who does not own a mobile home in the park, a local government, or a
nonprofit may file such a complaint. If the division finds by a written determination
that the landlord has violated this section, the division may:
(a) Impose penalties, as described in section 38-12-1105 (5);
(b) Issue an order to cease and desist, as described in section 38-12-1105 (6);
(c) Require the landlord to reduce the rent owed by a home owner or resident
on a prorated basis to reflect the home owner's or resident's loss of use of the
mobile home space; or
(d) Require the landlord to compensate a home owner or resident for housing
expenses on a per diem basis if the home owner or resident is displaced from the
mobile home as a result of the landlord's violation.