Full Text of SB1043 98th General Assembly
SB1043sam001 98TH GENERAL ASSEMBLY | Sen. Toi W. Hutchinson Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1043
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1043 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Manufactured Home Landlord and Tenant | 5 | | Rights Act is amended by changing Sections 3 and 6.5 and by | 6 | | adding Sections 8.6, 8.7, 8.8, and 8.9 as follows:
| 7 | | (765 ILCS 745/3) (from Ch. 80, par. 203)
| 8 | | Sec. 3. Definitions. Unless otherwise expressly defined, | 9 | | all terms in
this Act shall be construed to have their | 10 | | ordinarily accepted meanings or
such meaning as the context | 11 | | therein requires.
| 12 | | (a) "Person" means any legal entity, including but not | 13 | | limited to, an
individual, firm, partnership, association, | 14 | | trust, joint stock company,
corporation or successor of any of | 15 | | the foregoing.
| 16 | | (b) "Manufactured home" means a factory-assembled, |
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| 1 | | completely integrated structure designed for permanent | 2 | | habitation, with a permanent chassis, and so constructed as to | 3 | | permit its transport, on wheels temporarily or permanently | 4 | | attached to its frame, and is a movable or portable unit that | 5 | | is (i) 8 body feet or more in width, (ii) 40 body feet or more | 6 | | in length, and (iii) 320 or more square feet, constructed to be | 7 | | towed on its own chassis (comprised of frame and wheels) from | 8 | | the place of its construction to the location, or subsequent | 9 | | locations, at which it is installed and set up according to the | 10 | | manufacturer's instructions and connected to utilities for | 11 | | year-round occupancy for use as a permanent habitation, and | 12 | | designed and situated so as to permit its occupancy as a | 13 | | dwelling place for one or more persons. The term shall include | 14 | | units containing parts that may be folded, collapsed, or | 15 | | telescoped when being towed and that may be expected to provide | 16 | | additional cubic capacity, and that are designed to be joined | 17 | | into one integral unit capable of being separated again into | 18 | | the components for repeated towing. The term excludes campers | 19 | | and recreational vehicles.
| 20 | | (c) "Mobile Home Park" , "community", "manufactured home | 21 | | community", or "community" or "Park" means a tract of land or 2 | 22 | | contiguous tracts of land that contain sites with the necessary | 23 | | utilities for 5 or more mobile homes or manufactured homes. A | 24 | | mobile home park may be operated either free of charge or for | 25 | | revenue purposes.
| 26 | | (d) "Park Owner" or "community owner" means the owner of a |
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| 1 | | mobile home park and any person
authorized to exercise any | 2 | | aspect of the management of the premises, including
any person | 3 | | who directly or indirectly receives rents and has no obligation
| 4 | | to deliver the whole of such receipts to another person.
| 5 | | (e) "Tenant" means any person who occupies a mobile home | 6 | | rental unit for
dwelling purposes or a lot on which he parks a | 7 | | mobile home for an agreed
upon consideration.
| 8 | | (f) "Rent" means any money or other consideration given for | 9 | | the right
of use, possession and occupancy of property, be it a | 10 | | lot, a mobile home, or both.
| 11 | | (g) "Master antenna television service" means any and all | 12 | | services
provided by or through the facilities of any closed | 13 | | circuit coaxial cable
communication system, or any microwave or | 14 | | similar transmission services
other than a community antenna | 15 | | television system as defined in Section
11-42-11 of the | 16 | | Illinois Municipal Code.
| 17 | | (h) "Manufactured home owner" means the owner of a | 18 | | manufactured home. | 19 | | (i) "Displaced manufactured home owner" means the owner of | 20 | | a manufactured home which is located on a site in a | 21 | | manufactured home community that is ceasing operation as | 22 | | described in Section 8.6. | 23 | | (Source: P.A. 96-1477, eff. 1-1-11.)
| 24 | | (765 ILCS 745/6.5) | 25 | | Sec. 6.5. Disclosure. A park owner must disclose in writing |
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| 1 | | the following with every lease or sale and upon renewal of a | 2 | | lease of a mobile home or lot in a mobile home park: | 3 | | (1) the rent charged for the mobile home or lot in the | 4 | | past 5 years; | 5 | | (2) the community park owner's responsibilities with | 6 | | respect to the mobile home or lot; | 7 | | (3) information regarding any fees imposed in addition | 8 | | to the base rent; | 9 | | (4) information regarding late payments; | 10 | | (5) information regarding any privilege tax that is | 11 | | applicable; | 12 | | (6) information regarding security deposits, including | 13 | | the right to the return of security deposits and interest | 14 | | as provided in Section 18 of this Act; and
| 15 | | (7) information on a 3-year rent increase projection | 16 | | which includes the 2 years of the lease and the year | 17 | | immediately following. The basis for such rent increases | 18 | | may be a fixed amount, a "not to exceed" amount, a formula, | 19 | | an applicable index, or a combination of these | 20 | | methodologies as elected by the park owner. These increases | 21 | | may be in addition to all the non-controllable expenses | 22 | | including, but not limited to, property taxes, government | 23 | | assessments, utilities, and insurance ; | 24 | | (8) the name, address, and telephone number of the | 25 | | owner and any manager of the manufactured home community; | 26 | | and |
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| 1 | | (9) information regarding the Manufactured Home Owners | 2 | | Relocation Trust Fund . | 3 | | The park owner must update the written disclosure at least | 4 | | once per year. The park owner must advise tenants who are | 5 | | renewing a lease of any changes in the disclosure from any | 6 | | prior disclosure.
| 7 | | (Source: P.A. 95-383, eff. 1-1-08.) | 8 | | (765 ILCS 745/8.6 new) | 9 | | Sec. 8.6. Cessation of community operation. | 10 | | (a) The owner of a manufactured home community that is | 11 | | ceasing operation must pay 50% of the following sums to the | 12 | | Manufactured Home Owners Relocation Trust Fund: | 13 | | (1) the relocation expense allowance under Section 8.8 | 14 | | of this Act; and | 15 | | (2) at the displaced manufactured home owner's | 16 | | election, the relocation costs to relocate the | 17 | | manufactured home as defined by subsection (b) of this | 18 | | Section, or the payment for an abandoned home as defined by | 19 | | Section 8.8 of this Act. | 20 | | (b) Relocation costs shall include the costs of | 21 | | disconnecting and moving the home to a different community or | 22 | | other location selected by the displaced manufactured home | 23 | | owner within a 100 mile radius of the community and | 24 | | reconnecting the home with all hook-ups so that it is | 25 | | substantially in the same condition as before the move, with |
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| 1 | | any required and comparable appurtenances. | 2 | | (c) The appraised value of the manufactured home shall be | 3 | | the fair market value of the home and any existing | 4 | | appurtenances but excluding the value of the underlying land, | 5 | | determined by an independent appraiser agreed to by the | 6 | | community owner and the displaced manufactured home owner. In | 7 | | making the determination, the appraiser shall assess the fair | 8 | | market value based on the price that a willing and able buyer | 9 | | intending to reside in the home would pay for the home and any | 10 | | existing appurtenances, but excluding the value of the | 11 | | underlying land, and shall assume that the home is and will | 12 | | continue to be located on a lot which is leased in a duly | 13 | | licensed manufactured home community, with all hook-ups and | 14 | | existing appurtenances in place for use and occupancy by the | 15 | | resident. | 16 | | (d) A displaced manufactured home owner shall not be | 17 | | entitled to compensation when: | 18 | | (1) the community owner moves the manufactured home to | 19 | | another space in the manufactured home community, or to | 20 | | another manufactured home community acceptable to the | 21 | | displaced manufactured home owner, at the community | 22 | | owner's expense; | 23 | | (2) the displaced manufactured home owner is vacating | 24 | | the premises and has informed the community owner or | 25 | | manager before notice of the change in use has been given; | 26 | | or |
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| 1 | | (3) the displaced manufactured home owner or the person | 2 | | residing in the manufactured home is the defendant in a | 3 | | pending eviction action for non-payment of lot rent on the | 4 | | mailing date of the notice of community closure; provided | 5 | | that if a judgment for possession of the premises is not | 6 | | entered in favor of the community owner, this exception | 7 | | does not apply. | 8 | | (e) The owner of a manufactured home community shall notify | 9 | | in writing each tenant and, if a home owners association has | 10 | | been established, the directors of the association, of any | 11 | | application for a change in zoning of all or a portion of the | 12 | | manufactured home community within 5 days after the filing for | 13 | | such a zoning change with the zoning authority. The tenants are | 14 | | entitled to all rights under State and local zoning laws, | 15 | | rules, and regulations that are extended to owners of | 16 | | neighboring land. Any zoning change approved without the notice | 17 | | required by this Section is void. | 18 | | (f) The closure statement in the community closure notice | 19 | | required by Section 8.5 of this Act must include the following | 20 | | language in a font no smaller than 14-point: "YOU MAY BE | 21 | | ENTITLED TO COMPENSATION FROM THE MANUFACTURED HOME RELOCATION | 22 | | TRUST FUND ADMINISTERED BY THE ILLINOIS DEPARTMENT OF PUBLIC | 23 | | HEALTH." | 24 | | (765 ILCS 745/8.7 new) | 25 | | Sec. 8.7. Manufactured Home Owners Relocation Trust Fund. |
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| 1 | | (a) There is created the Manufactured Home Relocation Trust | 2 | | Fund. The Illinois Department of Public Health shall use the | 3 | | Manufactured Home Owners Relocation Trust Fund to provide | 4 | | assistance for the relocation of displaced manufactured home | 5 | | owners. All interest earned from the investment or deposit of | 6 | | moneys in the Manufactured Home Owners Relocation Trust Fund | 7 | | must be deposited into the Fund. | 8 | | (b) Moneys in the Manufactured Home Owners Relocation Trust | 9 | | Fund may be used only: | 10 | | (1) to pay the administrative costs of the Fund, | 11 | | including expenses associated with the annual audit | 12 | | required under subsection (g) of this Section; and | 13 | | (2) to carry out the objectives of assisting displaced | 14 | | manufactured home owners when the community owner intends | 15 | | to change the use of all or part of the land on which the | 16 | | manufactured home community is located. | 17 | | (c) After notifying the tenants in a community owner's | 18 | | manufactured home community that the community owner intends to | 19 | | cease operation of all or part of the community pursuant to | 20 | | Section 8.5 of this Act, if the community owner does not cease | 21 | | operation of all or the designated part of the community within | 22 | | 3 years after the date of the notification, or if the Illinois | 23 | | Department of Public Health finds there is prima facie evidence | 24 | | that the owner did not intend in good faith to change the land | 25 | | use, the community owner shall within 30 days of the date that | 26 | | the Illinois Department of Public Health provides written |
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| 1 | | notice to the community owner of the prima facie evidence | 2 | | determination, reimburse the Manufactured Home Relocation | 3 | | Trust Fund whatever moneys the Department has expended from the | 4 | | Manufactured Home Owners Relocation Trust Fund with respect to | 5 | | that manufactured home community, along with an amount that is | 6 | | equal to 2 times the amount of the interest allowed on a | 7 | | judgment that would have been earned on the moneys expended in | 8 | | the period between the time that the moneys were expended from | 9 | | the Manufactured Home Relocation Trust Fund until the amount is | 10 | | reimbursed. The date of the mailing of the notice of the prima | 11 | | facie evidence determination by the Illinois Department of | 12 | | Public Health is deemed to be the date that a community owner | 13 | | is notified about reimbursing the Manufactured Home Relocation | 14 | | Trust Fund. However, if the community owner, with due | 15 | | diligence, has not been able to complete the change-in-use | 16 | | process within 3 years, the Illinois Department of Public | 17 | | Health may grant a reasonable extension to the community owner | 18 | | to complete the process. | 19 | | (d) The cap on the Manufactured Home Owners Relocation | 20 | | Trust Fund is $10 million. The cap may be adjusted, eliminated, | 21 | | or reinstated by the Illinois Department of Public Health. | 22 | | (e) If the Manufactured Home Owners Relocation Trust Fund | 23 | | ceases to exist, the moneys in the Manufactured Home Owners | 24 | | Relocation Trust Fund held at the time of dissolution must be | 25 | | liquidated by paying the total amount of the Manufactured Home | 26 | | Owners Relocation Trust Fund, on a per capita basis, to the |
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| 1 | | each tenant of a rented lot in a manufactured home community in | 2 | | this State who has occupied the lot for at least the 12 months | 3 | | immediately prior to the time of the dissolution. | 4 | | (f) Monthly fee. | 5 | | (1) The Illinois Department of Public Health shall set | 6 | | a $1 monthly fee for deposit in the Manufactured Home | 7 | | Owners Relocation Trust Fund for each rented lot in a | 8 | | manufactured home community. The Illinois Department of | 9 | | Public Health may adjust, eliminate, or reinstate the | 10 | | assessment, and shall notify community owners and tenants | 11 | | of each adjustment, elimination, or reinstatement pursuant | 12 | | to rules. If the Illinois Department of Public Health | 13 | | adjusts the amount of the assessment upward, it may not | 14 | | exceed $3 per month. | 15 | | (2) The community owner shall collect the tenant's | 16 | | portion of the fee on a monthly basis as additional rent. | 17 | | The community owner shall remit to the Manufactured Home | 18 | | Owners Relocation Trust Fund the tenant's fee on a monthly | 19 | | basis. The community owner is responsible for safeguarding | 20 | | all assessments it collects. A fee is not due or | 21 | | collectable for a vacant lot. | 22 | | (3) If a lot is rented for any portion of a month, the | 23 | | full monthly assessment must be paid to the Manufactured | 24 | | Home Owners Relocation Trust Fund. | 25 | | (4) If a lease contains or is subject to a capping | 26 | | provision which limits the amount by which rent may be |
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| 1 | | increased, the Manufactured Home Owners Relocation Trust | 2 | | Fund assessment is deemed not to be rent for purposes of | 3 | | rent increases. | 4 | | (g) The Manufactured Home Owners Relocation Trust Fund must | 5 | | be audited annually. If the State Auditor performs the audit, | 6 | | the Manufactured Home Owners Relocation Trust Fund shall pay to | 7 | | the State from the Fund the cost of the audit. The completed | 8 | | audit must be made available to the public by placing it on a | 9 | | website, by offering it as a hard copy for a fee which reflects | 10 | | reasonable reproduction cost, or in some other manner | 11 | | determined by the Illinois Department of Public Health. | 12 | | (h) The Illinois Department of Public Health shall make | 13 | | available to the public, at least on a quarterly basis, the | 14 | | amount of the payment from the Manufactured Home Owners | 15 | | Relocation Trust Fund made to each displaced manufactured home | 16 | | owner, along with a description of the property related to the | 17 | | payment and the reason for the payment. | 18 | | (i) The Illinois Department of Public Health may place a | 19 | | lien against the property of any community owner who is | 20 | | required to make any payment to the Manufactured Home Owners | 21 | | Relocation Trust Fund but fails to do so. | 22 | | (765 ILCS 745/8.8 new) | 23 | | Sec. 8.8. Relocation expense payments. | 24 | | (a) If a community owner elects to cease
the operation of | 25 | | either all or a portion of the manufactured home
community, |
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| 1 | | each displaced manufactured home owner who is required to | 2 | | relocate and who complies with the
requirements of this Act is | 3 | | entitled to: | 4 | | (1) payment from the Manufactured Home Owners | 5 | | Relocation Trust Fund a relocation expense allowance in the | 6 | | amount of a $1,000, to cover the costs of suitable lodging | 7 | | while the manufactured home owner is relocating, and the | 8 | | costs of security deposits and other moving expenses, | 9 | | payable to the displaced manufactured home owner no later | 10 | | than the time of departure of the displaced manufactured | 11 | | home owner from the manufactured home community; and | 12 | | (2) at the displaced manufactured home owner's
| 13 | | election, the displaced manufactured home owner's actual | 14 | | relocation costs as defined by Section 8.6 of this Act, | 15 | | which shall be paid as provided in subsection (e) of this | 16 | | Section, or the amount for an abandoned home provided
by
| 17 | | subsections (b) and (c) of this Section, which shall be | 18 | | paid as provided in subsection (b) of this Section. | 19 | | (b) If a displaced manufactured home owner elects not to | 20 | | receive payment of relocation costs
under subsection (a) of | 21 | | this Section, the displaced manufactured home owner may
abandon | 22 | | the manufactured home in the manufactured home community and | 23 | | receive
from the Manufactured Home Owners Relocation Trust Fund | 24 | | the greater of: | 25 | | (1) the appraised value of the home as defined by | 26 | | Section 8.6 of this Act; |
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| 1 | | (2) $3,500 for a single-section
home or $7,500 for a | 2 | | multi-section home; or | 3 | | (3) the amount necessary to release any security | 4 | | interest in the home that was created in connection with a | 5 | | bona fide financing or refinancing of the home. | 6 | | To be entitled to payment under paragraphs (1) or (2) of | 7 | | this subsection, the
displaced manufactured home owner must | 8 | | deliver to the Illinois Department of Public Health a
current | 9 | | title to the manufactured home duly
endorsed by the owner or | 10 | | owners of record, valid releases of
all liens shown on the | 11 | | title, and a tax release. Payment shall be made directly to the | 12 | | displaced manufactured home owner. When payment is made under | 13 | | paragraph (3) of this subsection, the Illinois Department of | 14 | | Public Health shall make the payment directly to the lien | 15 | | holder and shall make appropriate arrangements to obtain the | 16 | | title endorsed by the owner or owners of record with valid | 17 | | releases of all other liens shown on the title and a tax | 18 | | release.
After receiving the title from the home owner, the | 19 | | Illinois Department of Public Health shall turn over title of | 20 | | the abandoned manufactured home to the manufactured home | 21 | | community owner, provided that the community owner has made the | 22 | | payments required by Section 8.6 of this Act. If the Illinois | 23 | | Department of Public Health believes that the home has resale | 24 | | value, it may require the manufactured home community owner to | 25 | | turn over to the Manufactured Home Owners Relocation Trust Fund | 26 | | one-half of the net proceeds from the sale of the home. |
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| 1 | | (c) The figures for single-section and multi-section
| 2 | | manufactured homes under paragraph (2) of subsection (b) of | 3 | | this Section shall be adjusted every 3 years, beginning on
| 4 | | January 1, 2015, by the percentage change since the figure was
| 5 | | last set or adjusted in the Consumer Price Index for All Urban
| 6 | | Consumers for all items published by the United States
| 7 | | Department of Labor. | 8 | | (d) In order to obtain payment from the Manufactured Home | 9 | | Owners Relocation Trust Fund for the
relocation of a | 10 | | manufactured home under paragraph (2) of subsection (a) of this | 11 | | Section, a displaced manufactured home owner must
submit to the | 12 | | Illinois Department of Public Health, with a copy to the park | 13 | | owner, an
application for payment which includes: | 14 | | (1) a copy of the community closure notice required by | 15 | | Section 8.5 of this Act; and | 16 | | (2) a contract with a licensed moving and installer | 17 | | contractor for the moving expenses for the manufactured | 18 | | home. | 19 | | (e) The Illinois Department of Public Health shall approve | 20 | | or reject payment to a
moving or towing contractor within 30 | 21 | | days after receipt of the
information required by this Section, | 22 | | and forward a copy of the
approval or rejection to the | 23 | | displaced manufactured home owner, with
a voucher for payment | 24 | | if payment is approved. | 25 | | (765 ILCS 745/8.9 new) |
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| 1 | | Sec. 8.9. Payment of funds to homeowners. | 2 | | (a) When a payment from the Manufactured Home Owners | 3 | | Relocation Trust Fund to a displaced manufactured home owner is | 4 | | authorized by the Illinois Department of Public Health, the | 5 | | Illinois Department of Public Health shall issue a check in a | 6 | | designated amount to the named displaced manufactured home | 7 | | owner. | 8 | | (b) If the Manufactured Home Owners Relocation Trust Fund | 9 | | does not have sufficient moneys to make a payment to a | 10 | | displaced manufactured home owner pursuant to this Act, the | 11 | | Illinois Department of Public Health shall issue a written | 12 | | promissory note to the displaced manufactured home owner for | 13 | | funds due and owing. A promissory note may be redeemed in order | 14 | | of issuance of the notes as additional moneys come into the | 15 | | Manufactured Home Owners Relocation Trust Fund. | 16 | | (c) It is a Class A misdemeanor for a displaced | 17 | | manufactured home owner or his or her agent to file any notice, | 18 | | statement, or other document required under this Act which is | 19 | | false or contains a material misstatement of fact.
| 20 | | Section 97. Severability. The provisions of this Act are | 21 | | severable under Section 1.31 of the Statute on Statutes.".
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