Cal. Civ. Code § 11
PETITIONS FOR DECLARATORY ORDERS CONCERNING THE MOBILE HOME PARK ACT AND DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM
Operative Text
11.1 Pursuant to section 24-4-105(11), C.R.S., any person may petition the Department of Local Affairs, Division of Housing for a declaratory order to terminate controversies or remove uncertainties as to the applicability to the petitioner of any provision of the Act (Title 38, Article 12, Part 2, C.R.S.), Program (Title 38, Article 12, Part 11, C.R.S.), or rules (8 CCR 1302-15). 11.1.1 The parties to any petition for a declaratory order pursuant to this regulation shall be the petitioner and the Division. 11.2 Each petition for a declaratory order shall set forth the following: A. The first and last name, mailing address, phone number, and email address (if any) of the petitioner; B. Whether the petitioner is the management or landlord of a mobile home park pursuant to section 38-12-201.5(3), C.R.S., and if yes, the registration number for the mobile home park issued by the Division pursuant to section 38-12-1106(10), C.R.S.; C. Whether the petitioner is a resident of a mobile home park pursuant to section 38-12- 201.5(11), C.R.S., and if yes, whether the petitioner is also a home owner pursuant to section 38-12-201.5(2), C.R.S.; D. The statute or rule to which the petition relates; E. A concise statement of all of the facts necessary to show the nature of the controversy or the uncertainty as to the applicability to the petitioner of the statute or rule to which the petition relates; F. A concise statement of the legal authorities, if any, and such other reasons upon which petitioner relies; and G. A concise statement of the declaratory order sought by the petitioner. 11.3 A petition for a declaratory order shall be served on the Division by emailing and mailing such petition to the Mobile Home Park Oversight Program (MHPOP). Each petition for a declaratory order shall contain a certification that the service requirements of this paragraph have been met. 11.4 The Division Director or their designee will determine, in their sole discretion without prior notice to the petitioner, whether to entertain any petition. If the Division Director or designee decides not to entertain a petition, the Division will notify the petitioner in writing of its decision and the reasons for that decision. Any of the following grounds may be sufficient reason to refuse to entertain a petition, including, but not limited to: A. A ruling on the petition will not terminate the controversy nor remove uncertainties concerning the applicability to petitioner of the statute or rule in question; B. The petition involves a subject, question, or issue which is involved in a written complaint previously filed with MHPOP, an on-going investigation being conducted by MHPOP, or a pending hearing before the Office of Administrative Courts; C. The petition seeks a ruling on a moot or hypothetical question, having no applicability to the petitioner; or D. Petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Colorado Rule of Civil Procedure 57, which will terminate the controversy or remove any uncertainty concerning applicability of the statute or rule. 11.5 If the Division Director or designee determines that they will entertain the petition for declaratory order, the Division shall promptly so notify all parties involved, and the following procedures shall apply: 11.5.1 The Division Director or designee may issue a declaratory order on the basis of the facts and legal authority presented in the petition, or request the petitioner submit additional evidence and legal argument in writing. 11.5.2 In ruling on a petition for declaratory order, the Division may take administrative notice of general, technical, or scientific facts within the Division’s knowledge. 11.5.3 The Division Director or designee may dispose of the petition without conducting an evidentiary or other hearing. If the Division does so, any ruling will apply only to the extent of the facts presented in the petition and any amendment to the petition. 11.5.4 The Division may consolidate for determination petitions raising similar issues of fact or law. 11.5.5 Every declaratory order shall be decided and issued in writing, specifying the basis in fact and law for the order. 11.5.6 A declaratory order shall constitute agency action subject to judicial review pursuant to section 24-4-106, C.R.S. 11.6 Record Retention and Reliability - Files of all requests and declaratory orders will be maintained and relied upon by the Division for a period of five (5) years, unless the declaratory order is superseded by a statutory or regulatory change, or amended or reversed by a court of law. Except with respect to any material required by law to be kept confidential, such files shall be available for public inspection.
Section 11 of 8 Colo. Code Regs. 1302-15 establishes a formal process by which any person can ask the Colorado Department of Local Affairs, Division of Housing to issue a declaratory order clarifying how the Mobile Home Park Act, the Dispute Resolution and Enforcement Program, or related rules apply to that person's situation. The Division has discretion to accept or decline a petition, and if accepted, it issues a written ruling based on the facts and legal arguments presented. Declaratory orders are subject to judicial review and are kept on file for public inspection for five years unless superseded or reversed.
Plain English — not legal advice.
Mobile home park management or landlords operating under 8 Colo. Code Regs. 1302-15 § 11 can use the declaratory order process to seek written clarification from the Division of Housing when there is genuine uncertainty about how a specific provision of the Act or Program applies to them. A compliant petitioner includes their park's Division-issued registration number, a clear statement of the relevant statute or rule, and a concise description of the facts and legal authorities supporting their request. Petitions are submitted to the Mobile Home Park Oversight Program (MHPOP) by both email and mail, with a certification confirming proper service.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under 8 Colo. Code Regs. 1302-15 § 11, residents of mobile home parks—including home owners as defined by the Act—have the right to petition the Division of Housing for a declaratory order when they face uncertainty about how the Mobile Home Park Act or related rules apply to their situation. A petition must describe the petitioner's status as a resident, identify the specific statute or rule at issue, and explain the facts and legal basis for the requested ruling. Tenants who believe a declaratory order could help clarify their rights may also wish to consult a tenant-rights organization familiar with Colorado mobile home park law before or during the petition process.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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