TESTIMONY TO SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE
4-30-26 – WHEN YOU BUILD YOUR HOMES ON SAND, OR A HOUSE OF CARDS THEY ALWAYS COLLAPSE! SAME THING FOR COMMUNITIES BUILT ON TOO MANY OVERREACHING BILLS, RULES, LAWS, STATUTES, DESIGNED TO CONTROL ALL, AND TAKE AWAY RIGHTS!
SENATE LOCAL GOVERNMENT & HOUSING COMMITTEE 4-30-26
3RD SUBMITTAL
TO: HOUSE FINANCE COMMITTEE
TO: HOUSE TRANSPORTATION, HOUSING, & LOCAL GOVT.
RE: HB26-1224 PROTECTIONS FOR MOBILE HOME PARK RESIDENTS
SPNSORS: E. VELASCO, A BOESENECKER, L CUTTER, D ROBERTS
FROM: JEANY RUSH, COLORADO CONCERNED CONSTITUENT 4-2-26
VOTE: NO
FOLKS:
FIRST, the opening of your bill gave me vertigo! Protections for a Mobile Home Park Resident, you launch into temporary no rent increase, then you jump to send notices to tenants when landlord intends to sell, then you jump to financial maintenance info , operations data, related to buyers offer, then to registration fee parameters. You include all the information that a land-lord must provide to tenants, and more.
So, not only is this a bill that should never have gotten past the Title Board, as a NOT singleSubject bill, it is confusing to anyone.
Further, I believe you are violating a lot of contract laws, in terms of real estate operations,Negotiations, and a ton of privacy issues.
Let’s start with the Rental/Lease of the Lot on which the Mobile Home Sits:
The lease should be in print, with exact parameters spelled out in writing prior to any Tenant even entering into the lease for the space. Whether it is a ground lease for long Terms, like 99 years, etc., to just a rental space with specific terms, like 3, 5, 7, 10 years, with specific rents, details and requirements for tenants and landlords. Who is responsible for everything from trash, electric lines, gas lines, roads, etc. maintenance, to noise, and community behavior. Further, the lease spells out default grounds, bad behavior, “Quiet Enjoyment rights, etc. Actually, people have a right to go into anything either month-to-month, or whatever they wish. However, realistically, moving the mobile home if there is a default gets sticky if people enter into verbal, or written agreements without understanding what, but it is their right, and their responsibility.
It is not your responsibility to mandate, dictate the ground rules for the landlord to operate his/her business. Now, if that tenant is smart, they would ask for a FIRST RIGHT OF REFUSAL BUILT IN WRITING IN THEIR LEASE, IF THEY EVER THOUGHT THEY COULD/WOULD LIKE TO PURCHASE THIS PROPERTY IN THE FUTURE.
Next, if they are buying, and seller is selling:
There is not a law that says the landlord MUST notify the tenants of their intent to sell, unless it is built into the lease. There is a protection for a tenant in a lease, that lease is honored even when sold, until the terms of that lease are completed, or terminated for other default reasons. If they do have it built into their lease to be notified, or even
if they have an actual Right of Refusal, first, then the landlord is obligated to offer to that person first, with terms (and hopefully they spelled out possible future terms, or index to be considered, or timeframes in which to perform, and then it is still up to each party to go into a contract, and then with the due diligence clauses, disclose all of their private data, financials, and all details about the subject, for-sale property.
FOR YOU IN YOUR BILL TO JUST DEMAND ALL OF THAT CONFIDENTIAL DATA, WITHOUT SPELLING OUT A REALISTIC OUTCOME, PERFORMANCE, OR CONTRACTUAL PRIOR RIGHTS, DICTATES PUT DOWN IN CONTRACT FORM, IS OUTRIGHT INSANITY. NOT LEGAL EITHER.
IF there are no actual written agreement, the landlord has every right to list his property, And negotiate anyway he wants, however, he would be obligated to notify tenants, one way or other, honoring lease terms. The new owner would also be obligated to honor leases, unless they negotiate, buy out, etc. current tenants.
Unless contracts are created beforehand, with specific details, you cannot legally command all of this in your bill. You are totally circumventing everyone’s rights under contract/real estate laws. You are over stepping the roll of legislature, commerce, and contract law.
For your information, I agree that tenants need protections, and terms that do not immediately, terminate their rights, and displace them unfairly. But what you are attempting to do here is play minor gods, or step over reality. This is why we have real contracts, to have written agreements so people understand their rights, before they enter into agreements, and have legal rights to go after broken terms legally.
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