Complaint Process and Potential Results - Residents

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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. You must fill out the program’s complaint form or request an accommodation for the program to investigate your complaint.
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 (such as open or 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 Mobile Home Park 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. If staff contact you, you should respond by the deadline, even if it is to say you do not have more information. Otherwise, your complaint may be closed.
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 can complete the actions to resolve the issue(s) or sign a settlement agreement saying they will complete the action(s) by a deadline.
   2. If the parties can’t agree on a resolution, staff make a written determination in the complaint and send a notice of violation, notice of nonviolation, or both to the 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, when those actions are due, and what penalties will be assessed if the actions are not completed by the deadlines. Either party may appeal the decision within 15 business days by requesting a hearing before the Colorado Office of Administrative Courts.

Timelines

When a complaint is submitted, staff assign a priority level (low, medium, or high) and complexity level (complex or not complex) to each complaint based on the number and type of issues involved in the complaint. Complaints that involve time-sensitive health or safety issues, like water outages, electrical outages, or potential evictions, are considered high priority and addressed first.

The program has a goal of completing the investigation of most complaints within 120 days (about 4 months), and complex complaints within 180 days (about 6 months).

Here are examples of complex complaints that may take up to 180 days to investigate:

• Group complaints involving multiple households
• Complaints with five or more alleged violations
• Water billing complaints affecting multiple households or where the bills span more than 12 months
• Complaints concerning mobile home park maintenance where the program needs to engage an outside expert in the investigation

Potential Results

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

Keep in mind that staff may provide you with information, but cannot provide legal advice. Parties may, but are not required, to contact outside attorneys for guidance.

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.

Resolved by Parties

You may be able to reach an agreement with the person or business the complaint is against. Sometimes program staff help to guide the conversation and the parties are able to resolve the issue with or without a formal settlement agreement. In other cases, the parties may fix the issue(s) on their own. If you previously filed a complaint and your issue is resolved, contact the program by email to MHPOP@state.co.us or phone call at 1-833-924-1147 (toll free) to let us know.

Notices of Violation or Nonviolation

Notices of violation or nonviolation include:

• For each alleged violation of the Mobile Home Park Act, oversight program, or administrative rules in the complaint, a determination of whether the party the complaint is against violated the law
• If a violation or violations are found:
  • How the program expects a party to cure, or fix, each violation
  • When the program expects a party to take action
  • The amount of the daily penalty that will be assessed if the notice becomes final, and the action required to cure is not taken by the deadline
• How to appeal the decision by requesting a hearing before the Colorado Office of Administrative Courts

Final Agency Orders, Appeals, and Hearings

After a notice of violation, notice of nonviolation, or both are issued, each party can accept or appeal the program’s decision.

A party, which may be a person or entity, has 15 business days after the certified mailing date of a notice of violation or notice of nonviolation 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 nonviolation is sent, the notice becomes a final agency order.

If a party received a notice of violation that becomes a final agency order, that party will typically have seven days of a final agency order to take the required actions 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 nonviolation is sent, 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 should enter an order within 30 days. This order is considered a final agency order, and the receiving party typically 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 nonviolation. To request a copy of this hearing information, contact MHPOP@state.co.us or 1-833-924-1147 (toll free).

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.