Colorado § 38-12-212.5 Prohibition on retaliation and harassment - definition

Colorado Statutes

§ 38-12-212.5 — Prohibition on retaliation and harassment - definition

Colorado § 38-12-212.5

Title 38Property -

Art.Tenants and Landlords

This text of Colorado § 38-12-212.5 (Prohibition on retaliation and harassment - definition) is published on Counsel Stack Legal Research, covering Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colo. Rev. Stat. § 38-12-212.5 (2026).

Text

(1)The management shall not take retaliatory action against a home owner or resident who exercises any right conferred upon the home owner or resident 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 or resident, the management's action is presumed to be retaliatory if, within the one hundred twenty days preceding the management's action, the home owner or resident:

(a)Complained or expressed an intention to complain to a governmental agency about a matter relating to the mobile home park;

(b)Submitted a complaint to the management about a violation described in this part 2;

(c)Organized or became a member of a tenants' as

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(1) The
management shall not take retaliatory action against a home owner or resident who
exercises any right conferred upon the home owner or resident 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 or resident, the
management's action is presumed to be retaliatory if, within the one hundred
twenty days preceding the management's action, the home owner or resident:

(a) Complained or expressed an intention to complain to a governmental
agency about a matter relating to the mobile home park;

(b) Submitted a complaint to the management about a violation described in
this part 2;

(c) Organized or became a member of a tenants' association or similar
organization;

(d) Made any other effort to secure or enforce any of the rights or remedies
provided by this part 2 or any other provision of law;

(e) Participated in a vote or decision-making process concerning the
opportunity to purchase the mobile home park pursuant to section 38-12-217;

(f) Filed a water quality complaint or requested remediation to address a
water quality issue under part 10 of article 8 of title 25; or

(g) Requested that the landlord provide communications required in this part
2 or part 11 or 14 of this article 12 in a language other than English.

(3) The presumption of retaliatory action described in subsection (2) of this
section does not apply to an action or administrative hearing where the
management:

(a) Addresses nonpayment of rent by a home owner or resident, as described
in section 38-12-204; or

(b) Was notified by a peace officer or otherwise became aware that the
mobile home that is the basis of the administrative hearing was being operated as
an illegal drug laboratory, as defined in section 25-18.5-101 (8).

(4) The management may rebut a presumption of retaliation with sufficient
evidence of a nonretaliatory purpose.

(4.5) The management shall not:

(a) Harass, intimidate, or threaten, or attempt to harass, intimidate, or
threaten, any person for filing or attempting to file a complaint, joining or
attempting to join an association of residents or home owners, engaging in
activities to promote the organizing and education of residents and home owners, or
voting or attempting to vote on a matter before the association of residents or
home owners; or

(b) Coerce or require a person to sign an agreement.

(5) The rights and remedies provided by this section are available to home
owners and residents in addition to the anti-retaliation protection provided in
section 38-12-1105 (13).

(6) As used in this section, unless the context otherwise requires,
organizing includes:

(a) Facilitating or attending a meeting for purposes of forming a tenants'
organization or filing a complaint, even if the organization is not yet formed or the
complaint has not yet been filed when the retaliation occurs; or

(b) Distribution of flyers or other promotional or educational materials
related to tenant organization efforts.

Legislative History

Source: L. 2020: Entire section added, (HB 20-1196), ch. 195, p. 922, � 11, effective June 30. L. 2022: (1), IP(2), (3)(a), and (5) amended and (2)(e) and (4.5) added, (HB 22-1287), ch. 255, p. 1863, � 13, effective October 1. L. 2023: (2)(d) and (2)(e) amended and (2)(f) and (6) added, (HB 23-1257), ch. 376, p. 2258, � 9, effective June 5. L. 2024: (2)(e) and (2)(f) amended and (2)(g) added, (HB 24-1294), ch. 399, p. 2737, � 10, effective June 30.