(1) Every home owner and landlord has a private right of action pursuant to section 38-12-203 or 38-12-220 to enforce the following: (a) Protection from abuse or disregard of state or local law by the landlord and home owners. Abuse or disregard of state or local law includes, but is not limited to: (I) Oral or written statements that threaten eviction of a home owner for violations that are not grounds to terminate a tenancy under section 38-12-203; (II) Misleading a home owner about the home owner's obligation to sign a new lease or agreement; or (III) Taking, possessing, or depriving a home owner or resident of his or her property or property rights without due process of law, including the opportunity for a judicial or administrative hearing. (b) Peaceful enjoyment of the home owner's mobile home space, free from unreasonable, arbitrary, or capricious rules and enforcement thereof; and (c) Tenancy free from harassment or frivolous lawsuits by the landlord and home owners. (2) The rights and obligations set forth in subsections (1)(a)(III), (1)(b), and (1)(c) of this section are not subject to enforcement through the "Mobile Home Park Act Dispute Resolution and Enforcement Program" created in part 11 of this article 12.
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