(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 (b) Was notified by a peace officer or otherwise became aware that the mobile home that is the basis of the administrative hearing was being operated as an illegal drug laboratory, as defined in section 25-18.5-101 (8). (4) The management may rebut a presumption of retaliation with sufficient evidence of a nonretaliatory purpose. (4.5) The management shall not: (a) Harass, intimidate, or threaten, or attempt to harass, intimidate, or threaten, any person for filing or attempting to file a complaint, joining or attempting to join an association of residents or home owners, engaging in activities to promote the organizing and education of residents and home owners, or voting or attempting to vote on a matter before the association of residents or home owners; or (b) Coerce or require a person to sign an agreement. (5) The rights and remedies provided by this section are available to home owners and residents in addition to the anti-retaliation protection provided in section 38-12-1105 (13). (6) As used in this section, unless the context otherwise requires, "organizing" includes: (a) Facilitating or attending a meeting for purposes of forming a tenants' organization or filing a complaint, even if the organization is not yet formed or the complaint has not yet been filed when the retaliation occurs; or (b) Distribution of flyers or other promotional or educational materials related to tenant organization efforts.
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