SB2834sam001 103RD GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 2/27/2024

10300SB2834sam001 LRB103 36767 JRC 70251 a

AMENDMENT TO SENATE BILL 2834

AMENDMENT NO. ______. Amend Senate Bill 2834 by replacing everything after the enacting clause with the following:

"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 a park that has not applied for its license or its license renewal and failed to submit all fees due and payable under the Mobile Home Park Act 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 has failed to apply for its license or renewal of its license and failed to submit all fees due and payable under the Mobile Home Park Act.

(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 must be licensed to operate a mobile home park either by either the State of Illinois Department of Public Health or applicable home rule jurisdiction. Pursuant to the Mobile Home Park Act, this 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.

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.)".