38-12-212.5. Prohibition on retaliation and harassment - definition. (1) The
management shall not take retaliatory action against a home owner or resident who
exercises any right conferred upon the home owner or resident by this part 2, part
11 of this article 12, or any other provision of law.
(2) Except as described in subsection (3) of this section, in an action or
administrative proceeding by or against a home owner or resident, the
management's action is presumed to be retaliatory if, within the one hundred
twenty days preceding the management's action, the home owner or resident:
(a) Complained or expressed an intention to complain to a governmental
agency about a matter relating to the mobile home park;
(b) Submitted a complaint to the management about a violation described in
this part 2;
(c) Organized or became a member of a tenants' association or similar
organization;
(d) Made any other effort to secure or enforce any of the rights or remedies
provided by this part 2 or any other provision of law;
(e) Participated in a vote or decision-making process concerning the
opportunity to purchase the mobile home park pursuant to section 38-12-217;
(f) Filed a water quality complaint or requested remediation to address a
water quality issue under part 10 of article 8 of title 25; or
(g) Requested that the landlord provide communications required in this part
2 or part 11 or 14 of this article 12 in a language other than English.
(3) The presumption of retaliatory action described in subsection (2) of this
section does not apply to an action or administrative hearing where the
management:
(a) Addresses nonpayment of rent by a home owner or resident, as described
in section 38-12-204; or