Complaint Process and Potential Results - Landlords

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Complaint Process Steps

1. You file the complaint as a resident, home owner, landlord, local government or nonprofit. You can also file by post mail.
2. Staff send you a confirmation email or letter with a case number. If you file your complaint online and provide an email address, you will get a confirmation email after you click submit. If you send your complaint by post mail or do not provide an email address, please allow two weeks for delivery of this letter.
   1. The program prioritizes the investigation of complaints that have time-sensitive issues, like water outages, electrical outages, or potential evictions.
   2. You will get a system-generated email (if you provided an email address) or letter every other month with the current status of your complaint (ex. open, closed). The letter will include the three most recent actions taken on your complaint.  You may also contact the program for a status update.
3. Staff review whether your complaint falls under the Mobile Home Park Act or Dispute Resolution and Enforcement Program.
   1. If it doesn’t, staff can’t move forward with your complaint and will refer you to other resources.
   2. If it does, staff may ask you for more information. 
4. Staff start investigating and begin guiding a written conversation between parties by email or mail.
5. Staff share the complaint with the person or business the complaint is against and request a response.
   1. Subpoenas may be a part of this process. Anyone who receives a subpoena has 14 calendar days to respond.
6. With staff guiding the conversation, the parties discuss possible ways to resolve the issue.
   1. If the parties agree on a resolution, they sign a settlement agreement.
   2. If the parties can’t agree on a resolution, staff send a notice of violation or notice of non-violation to both parties. For alleged issues in the complaint, the notice will identify whether a violation occurred, what actions the parties need to take to correct any violations, and when those actions are due. Either party may appeal the decision within 15 business days and request a hearing before the Colorado Office of Administrative Courts.

Potential Results

Here are some of the actions the program may take in response to a complaint.

Keep in mind that staff are prohibited by law from giving legal advice. Staff may provide information, but they aren’t permitted to tell you what you should do.

Subpoenas

A subpoena is a formal legal request. The program is authorized by state law to issue subpoenas that compel testimony, take evidence, seek access to papers or documents, or provide mobile home park site access to help investigate complaints and resolve disputes. Find out how and when to respond to a subpoena as a landlord, resident, local government or nonprofit worker.

Notices of Violation or Non-Violation

Notices of violation or non-violation include:

• For each alleged violation of the Mobile Home Park Act, oversight program, or administrative rules in the complaint, a determination of whether one or both parties violated the law
• How the program expects a party to cure, or fix, each violation
• When the program expects a party to take action
• How to appeal the decision, including steps to request a hearing with an administrative law judge
• Possible enforcement actions that the division can take if the violation is not fixed in the specified timeframe, including charging a fine or penalty.
• The process for contesting the determination with the Colorado Office of Administrative Courts

Final Agency Orders, Appeals, and Hearings

As part of the complaint process, either party may appeal the program’s decision.

A party, which may be a person or entity, has 15 business days after a notice of violation or notice of non-violation  is served to appeal by requesting an administrative hearing with the Colorado Office of Administrative Courts.

No Action

If neither party requests a hearing within 15 business days after the notice of violation or the notice of non-violation  is served, the notice becomes a final agency order.

Within seven days of a final agency order, any party that received a notice of violation must comply with the requirements in the notice.

Hearing Requested

If one or both parties appeal by requesting a hearing within 15 business days after the notice of violation or non-violation is served, the notice is not yet a final agency order. The person or entity that received the notice isn’t required to comply while the administrative hearing is pending.

After the hearing, an administrative law judge enters an order within 30 days. This order is considered a final agency order, and the receiving party must comply with the requirements within seven days.

As required by law, staff provide an explanation of hearing rights and the hearing process to recipients of notices of violation or non-violation. To request a copy of this hearing information, contact MHPOP@state.co.us or 1-833-924-1147.

For more information on how to file a request for an administrative hearing, contact the Colorado Office of Administrative Courts at OAC-GS@state.co.us or 303-866-5626.