SB2834 103RD GENERAL ASSEMBLY

LRB103 36767 JRC 66877 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2834

Introduced 1/19/2024, by Sen. Laura M. Murphy

SYNOPSIS AS INTRODUCED:

765 ILCS 745/15	from Ch. 80, par. 215
765 ILCS 745/16	from Ch. 80, par. 216
765 ILCS 745/17	from Ch. 80, par. 217

Amends the Mobile Home Landlord and Tenant Rights Act. Prohibits an unlicensed mobile home park from evicting a tenant for non-payment of rent. Requires leases or rental agreements for a mobile home or lot to include notice that the landlord may not collect rent if the park is unlicensed.

A BILL FOR

AN ACT concerning property.

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 15, 16, and 17 as follows:

(765 ILCS 745/15) (from Ch. 80, par. 215)

Sec. 15. Statutory grounds for eviction.

(a) A park owner may terminate the lease and evict a tenant for any one or more of the following acts:

(1) (a) Non-payment of rent due;

(2) (b) Failure to comply with the park rules;

(3) (c) Failure to comply with local ordinances and State laws regulating mobile homes.

(b) Non-payment of rent to an unlicensed park shall not be grounds for eviction.

(Source: P.A. 81-637.)

(765 ILCS 745/16) (from Ch. 80, par. 216)

Sec. 16. Improper grounds for eviction. The following conduct by a tenant shall not constitute grounds for eviction or termination of the lease, nor shall an eviction order be entered against a tenant:

(a) As a reprisal for the tenant's effort to secure or enforce any rights under the lease or the laws of the State of Illinois, or its governmental subdivisions of the United States;

(b) As a reprisal for the tenant's good faith complaint to a governmental authority of the park owner's alleged violation of any health or safety law, regulation, code or ordinance, or State law or regulation which has as its objective the regulation of premises used for dwelling purposes;

(c) As a reprisal for the tenant's being an organizer or member of, or involved in any activities relative to a homeowners' association;

(d) As a reprisal for or on the basis of the tenant's immigration or citizenship status; .

(e) As a reprisal for the non-payment of rent if the park is not licensed or has failed to renew its license with the Department of Public Health.

(Source: P.A. 101-439, eff. 8-21-19; 102-558, eff. 8-20-21.)

(765 ILCS 745/17) (from Ch. 80, par. 217)

Sec. 17. Notice required by Law. The following notice shall be printed verbatim in a clear and conspicuous manner in each lease or rental agreement of a mobile home or lot:

"IMPORTANT NOTICE REQUIRED BY LAW:

The rules set forth below govern the terms of your lease of occupancy arrangement with this mobile home park. The law requires all of these rules and regulations to be fair and reasonable, and if not, such rules and regulations cannot be enforced against you.

As required by law, the park is licensed by the Illinois Department of Public Health. Pursuant to the Mobile Home Park Act, such license shall expire April 30 of each year and a new license shall be issued upon proper application and payment of the annual license fee. Licensure is required to continue operation of a mobile home park, including the collection of rent. Rent cannot be collected by the park if the park fails to maintain licensure.

You may continue to reside in the park as long as you pay your rent and abide by the rules and regulations of the park. You may only be evicted for non-payment of rent, violation of laws, or for violation of the rules and regulations of the park and the terms of the lease.

If this park requires you to deal exclusively with a certain fuel dealer or other merchant for goods or service in connection with the use or occupancy of your mobile home or on your mobile home lot, the price you pay for such goods or services may not be more than the prevailing price in this locality for similar goods and services.

You may not be evicted for reporting any violations of law or health and building codes to boards of health, building commissioners, the department of the Attorney General or any other appropriate government agency."

(Source: P.A. 81-637.)