(1) A landlord shall retain
records for each home owner and resident throughout the home owner's or
resident's tenancy and for twelve months after the tenancy ends, including
documentation of:
(a) Each rental agreement signed by the home owner or resident and the
current or previous landlord;
(b) The date and amount of any change in rent during the home owner's or
resident's tenancy;
(c) Written rules and regulations adopted by the current or previous landlord
during the home owner's or resident's tenancy;
(d) Each request from the home owner or resident relating to the following,
including whether the landlord at the time approved or disapproved each request:
(I) Guests, roommates, occupants, co-lessees, or sub-lessees;
(II) Pets or service animals;
(III) Accessory buildings or structures, including sheds and carports;
(IV) Decks, fences, wheelchair ramps, or other structural changes to the
home or lot;
(V) Use of property related to parking of vehicles and use of vehicles; and
(VI) A request from the resident or home owner that notices, disclosures, or
other communications be provided in a language other than English;
(e) A payment ledger that documents any rent or other type of payment from
a resident or home owner, the amount paid, and the date the payment was made;
and
(f) Written notices, disclosures, or other communications provided to
residents and home owners who have requested that the landlord provide notices,
disclosures, or other communications in a language other than English.
(2) A landlord who is selling or transferring a mobile home park shall
maintain all records related to compliance with section 38-12-217 for a minimum of
forty-eight months after any sale or transfer of a mobile home park is complete,
including but not limited to:
(a) Notices mailed or given to home owners pursuant to sections 38-12-217
(1) and (2);
(b) Postings pursuant to section 38-12-217 (1)(c), including any forms for
home owners to provide notice that they do not wish to participate in efforts to
purchase the community;
(c) Signed writings provided by home owners to the park owner declining to
participate in purchasing the park pursuant to section 38-12-217 (1)(c);
(d) Offers to purchase and proposed purchase and sale agreements
submitted to the landlord by a group or association of home owners or their
assignees pursuant to section 38-12-217 (4);
(e) Requests for information from a group or association of home owners or
their assignees participating in the opportunity to purchase and the landlord's
responses to the requests for information pursuant to section 38-12-217 (5)(a); and
(f) Offers to purchase and any conditional and unconditional purchase and
sale agreements submitted by the successful purchaser of the mobile home park.
(3) Upon the sale or transfer of a mobile home park, the seller must transfer
all records maintained under subsection (1) of this section to the new owner.
(4) If an issue arises as to a resident's right to any of the matters described in
subsection (1)(c) or (2) of this section and the landlord has not retained adequate
records for that resident, the landlord shall be presumed to have violated this part 2
unless the landlord demonstrates compliance by a preponderance of the evidence.
(5) The division may promulgate rules concerning the implementation of this
section, including requirements concerning:
(a) How a person may access or obtain copies of records retained pursuant
to this section and any restrictions on who may access records retained pursuant to
this section;
(b) What fees or costs, if any, may be imposed for obtaining copies of records
retained pursuant to this section;
(c) Confidentiality protections for personally identifying information included
in records retained pursuant to this section;
(d) Secure destruction of records once the period of retention has passed;
and
(e) Penalties for violations of this section.
(5.5) Notwithstanding the provisions of subsection (5) of this section, at any
point during a tenancy or twelve months after a tenancy has ended, a resident may
request a copy of their payment ledger and the landlord shall provide a copy within
ten calendar days.
(6) If a current or former management or landlord violates this section, a
home owner may file a complaint pursuant to section 38-12-1105. 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.