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Public Act 098-1062 Public Act 1062 98TH GENERAL ASSEMBLY |
Public Act 098-1062 | HB4123 Enrolled | LRB098 15679 RPS 50710 b |
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| AN ACT concerning civil law.
| Be it enacted by the People of the State of Illinois, | represented in the General Assembly:
| Section 5. The Mobile Home Landlord and Tenant Rights Act | is amended by changing Sections 3, 6.5, 12, and 18 and by | adding Sections 6.6 and 6.7 as follows:
| (765 ILCS 745/3) (from Ch. 80, par. 203)
| Sec. 3. Definitions. Unless otherwise expressly defined, | all terms in
this Act shall be construed to have their | ordinarily accepted meanings or
such meaning as the context | therein requires.
| (a) "Person" means any legal entity, including but not | limited to, an
individual, firm, partnership, association, | trust, joint stock company,
corporation or successor of any of | the foregoing.
| (b) "Manufactured home" means a factory-assembled, | completely integrated structure designed for permanent | habitation, with a permanent chassis, and so constructed as to | permit its transport, on wheels temporarily or permanently | attached to its frame, and is a movable or portable unit that | is (i) 8 body feet or more in width, (ii) 40 body feet or more | in length, and (iii) 320 or more square feet, constructed to be | towed on its own chassis (comprised of frame and wheels) from |
| the place of its construction to the location, or subsequent | locations, at which it is installed and set up according to the | manufacturer's instructions and connected to utilities for | year-round occupancy for use as a permanent habitation, and | designed and situated so as to permit its occupancy as a | dwelling place for one or more persons. The term shall include | units containing parts that may be folded, collapsed, or | telescoped when being towed and that may be expected to provide | additional cubic capacity, and that are designed to be joined | into one integral unit capable of being separated again into | the components for repeated towing. The term excludes campers | and recreational vehicles.
| (c) "Mobile Home Park" or "Park" means a tract of land or 2 | contiguous tracts of land that contain sites with the necessary | utilities for 5 or more mobile homes or manufactured homes. A | mobile home park may be operated either free of charge or for | revenue purposes.
| (d) "Park Owner" means the owner of a mobile home park and | any person
authorized to exercise any aspect of the management | of the premises, including
any person who directly or | indirectly receives rents and has no obligation
to deliver the | whole of such receipts to another person.
| (e) "Tenant" means any person who occupies a mobile home | rental unit for
dwelling purposes or a lot on which he parks a | mobile home for an agreed
upon consideration.
| (f) "Rent" means any money or other consideration given for |
| the right
of use, possession and occupancy of property, be it a | lot, a mobile home, or both.
| (g) "Master antenna television service" means any and all | services
provided by or through the facilities of any closed | circuit coaxial cable
communication system, or any microwave or | similar transmission services
other than a community antenna | television system as defined in Section
11-42-11 of the | Illinois Municipal Code.
| (h) "Authority having jurisdiction" means the Illinois | Department of Public Health or a unit of local government | specifically authorized by statute, rule, or ordinance to | enforce this Act or any other statute, rule, or ordinance | applicable to the mobile home park or manufactured home | community. | (i) "Managing agent" means any person or entity responsible | for the operation, management, or maintenance of a mobile home | park or manufactured home community. | (Source: P.A. 96-1477, eff. 1-1-11.)
| (765 ILCS 745/6.5) | Sec. 6.5. Disclosure. A park owner must disclose in writing | the following with every lease or sale and upon renewal of a | lease of a mobile home or lot in a mobile home park or | manufactured home community : | (1) the rent charged for the mobile home or lot in the | past 5 years; |
| (2) the park owner's responsibilities with respect to | the mobile home or lot; | (3) information regarding any fees imposed in addition | to the base rent; | (4) information regarding late payments; | (5) information regarding any privilege tax that is | applicable; | (6) information regarding security deposits, including | the right to the return of security deposits and interest | as provided in Section 18 of this Act; and
| (7) information on a 3-year rent increase projection | which includes the 2 years of the lease and the year | immediately following. The basis for such rent increases | may be a fixed amount, a "not to exceed" amount, a formula, | an applicable index, or a combination of these | methodologies as elected by the park owner. These increases | may be in addition to all the non-controllable expenses | including, but not limited to, property taxes, government | assessments, utilities, and insurance ; . | (8) the name of the legal entity that owns the | manufactured home community or mobile home park, and | either: (a) the name, address, and telephone number of the | property manager or designated agent for the manufactured | home community or mobile home park; or (b) the address and | telephone number of the legal entity that owns the | manufactured home community or mobile home park, if the |
| manufactured home community or mobile home park does not | have a property manager or designated agent; and | (9) information contained in any inspection notice | required to be posted under subsection (b) of Section 6.7 | of this Act. | The park owner must update the written disclosure at least | once per year. The park owner must advise tenants who are | renewing a lease of any changes in the disclosure from any | prior disclosure. Within 20 days after the closing of a | purchase and sale of a manufactured home community or mobile | home park that results in a change in the owner, the purchaser | or the representative of the purchaser must provide written | notice to each homeowner of the new owner and either: (i) the | name, address, and telephone number of the property manager or | designated agent for the manufactured home community or mobile | home park; or (ii) the address and telephone number of the | legal entity that owns the manufactured home community or | mobile home park if the manufactured home community or mobile | home park does not have a property manager or designated agent. | The written notice may be provided by hand delivery to the | resident's home, by United States mail or a recognized courier | service, by posting in the office of the custodian of the park | or in the clubhouse or other area of the park where park | residents gather, or by posting on a community bulletin board.
| The changes to this Section by this amendatory Act of the | 98th General Assembly apply to disclosures made and changes of |
| ownership that take place on or after January 1, 2015. | (Source: P.A. 95-383, eff. 1-1-08.) | (765 ILCS 745/6.6 new) | Sec. 6.6. Notice of bankruptcy or foreclosure proceedings. | If a bankruptcy case is commenced by or against a park owner by | the filing of a voluntary or involuntary petition under Title | 11 of the United States Code, if a receiver is appointed by a | court of competent jurisdiction in a case filed by or against a | park owner, or if a foreclosure proceeding is initiated against | the park property by a creditor of the park owner, then: (i) | the park owner shall provide written notice of the commencement | of the bankruptcy or foreclosure to the tenant within 30 days | of process having been properly served upon the park owner | notifying the park owner of the commencement of the case or | proceeding, or, with respect to a voluntary petition filed by | the park owner under Title 11 of the United States Code, within | 30 days of the park owner's filing of the petition; and (ii) | the receiver shall notify all tenants of the park of its | appointment in accordance with the provisions of subsection (f) | of Section 15-1704 of the Code of Civil Procedure. The park | owner shall cause the written notice from the park owner | required by subclause (i) of the immediately preceding sentence | to be served by delivering a copy to the known occupant or by | leaving the notice with some person of the age of 13 years or | upwards who is residing on or in the leased premises or who is |
| in possession of the leased premises or by sending a copy of | the notice to the known occupant by first-class mail addressed | to the occupant by the name known to the park owner. | (765 ILCS 745/6.7 new) | Sec. 6.7. Violations; inspection reports; postings; | penalty. | (a) Any nonconformance with a statute, rule, or ordinance | applicable to the mobile home park or manufactured home | community constitutes a violation. The authority having | jurisdiction shall identify violations in an inspection | report. The inspection report shall be served upon the park | owner or managing agent in person or by certified United States | mail, return receipt requested, postage prepaid. | (b) The park owner or its managing agent shall post in a | conspicuous place any inspection report received from the | authority having jurisdiction regarding health and life safety | violations as defined in rules promulgated by the Illinois | Department of Public Health. The inspection report shall be | posted beginning the business day after the date by which the | violation or violations must be corrected as set forth in the | inspection report issued by the authority having jurisdiction. | The posting may be removed only when: | (1) the authority having jurisdiction has issued | written authorization to remove the posting; or | (2) the park owner or its managing agent has corrected |
| the violation or violations, served notice to the authority | having jurisdiction that the violation or violations have | been corrected by submitting such documentation or | affidavit as may be necessary to substantiate the | correction by certified United States mail, return receipt | requested, postage prepaid, and no less than 15 days have | expired from the mailing date of the notice to the | authority having jurisdiction. | (c) Nothing in this Act may be construed to diminish, | impair, or otherwise affect the authority of the authority | having jurisdiction to charge violations under the Mobile Home | Park Act or any other statute, rule, or ordinance applicable to | the mobile home park or manufactured home community. | (d) Failure to comply with the requirements of this Section | subjects the park owner or managing agent to a $250 penalty. | The penalty shall be payable to the authority having | jurisdiction which issued the inspection report citing | violations. | (e) For purposes of enforcement of this Section by the | Illinois Department of Public Health, the Illinois | Administrative Procedure Act is hereby expressly adopted. The | Illinois Department of Public Health has the authority to | promulgate rules to enforce this Section. | (f) For purposes of enforcement of this Section by any | authority having jurisdiction other than the Illinois | Department of Public Health, the authority having jurisdiction |
| has the authority to adopt ordinances to enforce this Section.
| (765 ILCS 745/12) (from Ch. 80, par. 212)
| Sec. 12. Lease prohibitions. No lease hereafter executed or | currently
existing between a park owner and tenant in a mobile | home park or manufactured home community in this State
shall | contain any provision:
| (a) Permitting the park owner to charge a penalty fee for | late payment
of rent without allowing a tenant a minimum of 5 | days beyond the date the
rent is due in which to remit such | payment;
| (b) Permitting the park owner to charge an amount in excess | of one month's
rent as a security deposit;
| (c) Requiring the tenant to pay any fees not specified in | the lease;
| (d) Permitting the park owner to transfer, or move, a | mobile home to a
different lot, including a different lot in | the same mobile home park or manufactured home community ,
| during the term of the lease ; .
| (e) Waiving the homeowner's right to a trial by jury. | If one provision of a lease is invalid, that does not | affect the validity of the remaining provisions of the lease. | (Source: P.A. 85-607.)
| (765 ILCS 745/18) (from Ch. 80, par. 218)
| Sec. 18. Security deposit; Interest.
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| (a) If the lease requires
the tenant to provide
any deposit | with the park owner for the term of the lease, or any part | thereof,
said deposit shall be considered a Security Deposit. | Security Deposits
shall be returned in full to the tenant, | provided that the tenant has paid
all rent due in full for the | term of the lease and has caused no actual
damage to the | premises.
| The park owner shall furnish the tenant, within 15 days | after termination
or expiration of the lease, an itemized list | of the damages incurred upon
the premises and the estimated | cost for the repair of each item.
The tenant's failure to | object to the itemized list within 15 days shall
constitute an | agreement upon the amount of damages specified therein. The
| park owner's failure to furnish such itemized list of damages | shall constitute
an agreement that no damages have been | incurred
upon the premises and the entire security deposit | shall become immediately
due and owing to the tenant.
| The tenant's failure to furnish the park owner a forwarding | address shall
excuse the park owner from furnishing the list | required by this Section.
| (b) A park owner of any park regularly containing 25 or | more mobile
homes shall pay interest to
the tenant, on any | deposit held by the park owner, computed from the date
of the | deposit
at a rate equal to the interest paid by the largest | commercial bank,
as measured by total assets, having its main | banking premises in this State
on minimum deposit passbook |
| savings accounts as of December 31 of the preceding
year on any | such deposit held by the
park owner for more than 6 months.
| However, in the event that any portion of the amount deposited | is
utilized during the period for which it is deposited in | order to compensate
the owner for non-payment of rent or to | make a good faith reimbursement to
the owner for damage caused | by the tenant, the principal on which the
interest accrues may | be recomputed to reflect the reduction for the period
| commencing on the first day of the calendar month following the | reduction.
| The park owner shall, within 30 days after the end of
each | 12-month period, pay to the tenant any interest owed under this
| Section in cash, provided, however, that the amount owed may be | applied to
rent due if the owner and tenant agree thereto.
| A park owner who willfully fails or refuses to pay the | interest required
by this Act shall, upon a finding by a | circuit court that he willfully
failed or refused to pay, be | liable for an amount equal to the amount of
the security | deposit, together with court costs and a reasonable attorney's
| fee. | (c) A park owner, as landlord, shall hold in trust all | security deposits received from a tenant in one or more banks, | savings banks, or credit unions, the accounts of which are | insured by the Federal Deposit Insurance Corporation, the | National Credit Union Administration Share Insurance Fund, or | other applicable entity under law. A security deposit and the |
| interest due under subsection (b) of this Section is the | property of the tenant until the deposit is returned to the | tenant or used to compensate, or applied to the tenant's | obligations to, the park owner, as landlord, in accordance with | the lease or applicable State and local law. The security | deposit shall not be commingled with the assets of the park | owner, and shall not be subject to the claims of any creditor | of the park owner or any party claiming an interest in the | deposit through the park owner, including a foreclosing | mortgagee or trustee in bankruptcy; provided that this | subsection does not prevent a foreclosing mortgagee, receiver, | or trustee from taking over control of the applicable bank | account holding the security deposits, which may include moving | the security deposits to another bank account meeting the | requirements of this Section, provided that the mortgagee, | receiver, or trustee: | (1) shall continue to hold the security deposits in | trust as provided in, and subject to, the provisions of | this Section; and | (2) is entitled to use a security deposit to | compensate, and apply a security deposit to discharge the | obligations of the tenant to, the park owner as permitted | by the lease or applicable State and local law.
| (Source: P.A. 88-643, eff. 1-1-95.)
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Effective Date: 1/1/2015
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