SB0196 104TH GENERAL ASSEMBLY

LRB104 06116 JRC 16149 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB0196

Introduced 1/22/2025, by Sen. Chapin Rose

SYNOPSIS AS INTRODUCED:

765 ILCS 745/12	from Ch. 80, par. 212
765 ILCS 745/14.4 new

Amends the Mobile Home Landlord and Tenant Rights Act. Prohibits a landlord from imposing a rule, regulation, or lease provision, in any manner, that impairs any rights guaranteed to the tenant by the First Amendment of the Constitution of the United States or Section 4 of Article I of the Illinois Constitution, including the display of advertising pertaining to any political candidate or proposition.

A BILL FOR

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 Section 12 and by adding Section 14.4 as follows:

(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; .

(f) Impairing any rights guaranteed to the tenant by the First Amendment of the Constitution of the United States or Section 4 of Article I of the Illinois Constitution.

If one provision of a lease is invalid, that does not affect the validity of the remaining provisions of the lease.

(Source: P.A. 98-1062, eff. 1-1-15.)

(765 ILCS 745/14.4 new)

Sec. 14.4. First Amendment rights. No landlord shall impose a rule, regulation, or lease provision, in any manner, that impairs any rights guaranteed to the tenant by the First Amendment of the Constitution of the United States or Section 4 of Article I of the Illinois Constitution, including the display of advertising pertaining to any political candidate or proposition.