Colorado § 38-12-220 - Private civil right of action.

§ 38-12-220. Private civil right of action.

(1) A home owner, a resident, an association of home owners, or a landlord or the assignee of a home owner, a resident, an association of home owners, or a landlord may file a civil action alleging a violation of a rental agreement or of this article 12 or part 10 of article 8 of title 25.

(2) In any such action, except as described in section 38-12-105 (4):

(a) A court may award economic damages, any penalties authorized by this article 12, and such equitable and injunctive relief as is appropriate to protect the rights of the parties;

(b) A court may award reasonable attorney fees and costs to a prevailing party; except that, in an action brought by a resident, a home owner, or an association of home owners a court shall not:

(I) Award attorney fees to a landlord unless the court finds that the resident, a home owner, or an association of home owners filed a complaint that was frivolous, notwithstanding any agreement to the contrary; or

(II) Require a bond to be paid into the court as a condition of filing the suit.

(3) In an action alleging a violation of section 38-12-217:

(a) A court may issue an order suspending the one-hundred-twenty-day periods described in sections 38-12-217 (4)(a) and (6)(b), staying or canceling the closing of any pending transaction, or providing such other equitable relief as the court deems necessary to protect the rights of the home owners under section 38-12-217; and

(b) If the court finds the landlord violated section 38-12-217, in addition to all other remedies, the court shall award a statutory penalty of no less than twenty thousand dollars but no more than the dollar amount calculated to be thirty percent of the purchase or listing price of the park. The penalty authorized by this subsection (3)(b) is in addition to any fine or penalty imposed by or awarded to the division of housing under section 38-12-217 (15).

(4) If a court determines that a landlord violated section 38-12-204 (4) or (5), in addition to all other remedies, the court shall award a statutory penalty of no less than fifteen thousand dollars but no more than fifty thousand dollars to each aggrieved party for each violation that occurred.

(5) Repealed.

(6) (a) A court has the discretion to order, after a review of the filings or at any point thereafter, that a landlord cease from increasing rent on a mobile home park lot or issuing a notice of a rent increase if the landlord has been named as a defendant in any pending lawsuit or administrative complaint that alleges:

(I) A violation of the "Mobile Home Park Act", part 2 of this article 12, or a violation related to a mobile home park located in Colorado;

(II) A violation of the federal "Fair Housing Act", 42 U.S.C. sec. 3601 et seq., as amended, or the fair housing provisions in part 5 of article 34 of title 24; or

(III) A violation related to unlawful price fixing, illegal practices concerning rent, fees, consumer protection laws, anti-trust protections, or financial impropriety related to a mobile home park.

(b) A court shall order that a landlord refund a homeowner or a resident any rent that the court determines was unlawfully collected or retained in addition to any other remedies or damages authorized under law.

Source: L. 2005: Entire section added, p. 110, § 4, effective August 8. L. 2010: Entire section amended, (SB 10-156), ch. 343, p. 1591, § 10, effective July 1. L. 2021: Entire section amended, (SB 21-173), ch. 349, p. 2268, § 11, effective October 1. L. 2022: Entire section amended, (HB 22-1287), ch. 255, p. 1876, § 18, effective October 1. L. 2023: (1) amended and (5) added, (HB 23-1257), ch. 376, p. 2259, § 10, effective June 5. L. 2024: (6) added, (HB 24-1294), ch. 399, p. 2743, § 15, effective June 4; (5) repealed, (HB 24-1450), ch. 490, p. 3424, § 74, effective August 7.