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Where Appeals Go and Receiving Updates
Appeals go to the Colorado Office of Administrative Courts.
If you, the resident who filed the complaint, aren’t a party to the appeal, you won’t receive updates on the status of the appeal or any settlement discussion between the Division of Housing and the landlord.
You’ll be contacted when the Office of Administrative Courts makes a final decision or the division and the landlord sign a settlement agreement.
Parties
During the complaint process, you and the landlord are the two parties.
But in the appeal, you aren’t automatically a party. The division and the landlord are the two parties.
You can file a request to intervene under Colorado Rule of Civil Procedure, Chapter 3, Rule 24 if you want to be a party. The division, through its attorney, may choose to oppose any motion filed.
Settlements
Because you aren’t a party, the division can reach a settlement agreement with the landlord without you. The division or the division’s attorney may talk to you about the settlement, but they aren’t required to.
When deciding whether to settle, the division will think about the:
- Cost of going to trial
- Timeline for a trial
- Strength of the case
- Availability of division resources
Representation
The division and its attorney are not representing you. The division, through its attorney, is defending its decision to issue the notice of violation. You and the division might want the same thing, but the division isn’t representing you.
Because the division is a state agency, assistant attorneys general from the Colorado Department of Law represent it.
Testifying
The division may or may not ask you to testify. If the division asks you to testify, you can choose whether you want to. If the division and the landlord settle, there won’t be a hearing.
Notice of Violation Status and Possible End Results
If a landlord files an appeal, the notice of violation is on hold pending the outcome of the appeal.
A landlord may or may not have to take the specific actions listed in the notice of violation, depending on the outcome of the appeal.
A landlord may or may not pay less in a settlement or after a hearing than the division required in the notice of violation. The outcome of the case depends on the outcome of any settlement negotiations, hearings, or decisions issued by the judge.
Right to File Your Own Lawsuit
Under the Mobile Home Park Act, mobile home owners have the right to file their own lawsuit for a violation of the act. This lawsuit would be separate from any complaint you file through the division’s complaint system.