93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB6639


 
Introduced 02/09/04, by Ruth Munson
 
SYNOPSIS AS INTRODUCED:
 		














765 ILCS 745/24
  from Ch. 80, par. 224







    Amends the Mobile Home Landlord and Tenant Rights Act.  Provides that a park owner must purchase a tenant's mobile home at fair market value if a tenant is unable to sell his or her mobile home within 90 days after initially placing it on the market because the park owner has increased the rent that a subsequent owner would have to pay by a percentage greater than the average percentage increase of all other increases in the lot within the last 5 years.
















LRB093 20727 RXD 46617 b

















 


 


A BILL FOR









 











HB6639

LRB093 20727 RXD 46617 b






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    AN ACT concerning property.

 
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    Be it enacted by the People of the State of Illinois,
 
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represented in the General Assembly:


 
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    Section 5. The Mobile Home Landlord and Tenant Rights Act 
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is amended  by changing Section 24 as follows:
 



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    (765 ILCS 745/24)  (from Ch. 80, par. 224)



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    Sec. 24. Sale of Mobile Home. The park owner shall be 
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enjoined and
restrained from prohibiting, limiting, 
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restricting, obstructing or in
any manner interfering with the 
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freedom of any mobile home owner to:

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        (a) Sell his mobile home to a purchaser of his choice, 
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    provided that
the park owner shall be allowed to promulgate 
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    any general qualifications
or lawful restrictions on park 
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    residents which limit or define the
admission of entrants 
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    to the park.  The purchaser, prior to closing,
must obtain a 
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    written and signed lease;

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        (b) Employ or secure the services of an independent 
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    salesperson in
connection with the sale of said mobile 
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    home, providing that said
salesperson collects and remits 
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    all governmental taxes.

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    If, within 90 days after a tenant  initially places his or 
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    her mobile home on the market, the tenant is unable to sell the 
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    mobile home because the park owner has increased the rent that 
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    a subsequent tenant would have  to pay by a percentage greater 
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    than the average percentage increase of all other increases in 
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    the lot within the last 5 years, the park owner must purchase 
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    the mobile home from the tenant at the mobile home's fair 
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    market value.
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    The park owner is prohibited from imposing any fee, charge

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or commission for the sale of a mobile home, except when a 
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mobile home owner
requests the park owner or his agent to

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assist in securing a purchaser for his mobile home.  A 
 


 






HB6639
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LRB093 20727 RXD 46617 b




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commission may be
accepted for such service subject only to the 
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following conditions:

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        (1) that the exact amount of commission or fee shall be 
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    a percentage
of the actual sales price of the mobile home; 
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    and

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        (2) that the maximum percentage figure for the services 
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    in the
resale of the mobile home by park owner or his agent 
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    shall be set forth
in writing prior to the sale.

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    The park owner is prohibited from requiring, upon the sale 
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by a tenant
of a mobile home to a qualified purchaser, the 
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removal from the park of
such mobile home unless the mobile 
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home is less than 12 feet wide or is
significantly deteriorated 
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and in substantial disrepair, in which case the
park owner 
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shall bear the burden of demonstrating such fact and must, 
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prior
to sale, have given the tenant written notice thereof, 
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and that unless
first corrected, removal will be required upon 
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sale.

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(Source: P.A. 85-998.)