M. Maggie Crotty
Filed: 2/11/2004
 
 

 




 

 		












09300SB2791sam001

LRB093 14121 LCB 47436 a






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AMENDMENT TO SENATE BILL 2791 




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    AMENDMENT NO. ______. Amend Senate Bill 2791 by replacing 
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everything after the enacting clause with the following:

 
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    "Section 5. The Mobile Home Landlord and Tenant Rights Act 
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is amended by
changing Section 9 and by adding Section 9.5 as 
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follows:


 
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    (765 ILCS 745/9)  (from Ch. 80, par. 209)

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    Sec. 9. The Terms of Fees and Rents.   The terms for payment 
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of rent shall
be clearly set forth and all charges for 
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services, ground or lot rent, unit
rent, or any other charges 
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shall be specifically itemized in the lease and
in all billings 
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of the tenant by the park owner.


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    The owner shall not change the rental terms nor increase 
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the cost of fees,
except as provided herein.


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    The park owner shall not charge a transfer or selling fee 
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as a condition
of sale of a mobile home that is going to remain 
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within the park unless
a service is rendered.


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    Rents charged to a tenant by a park owner may be increased 
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upon the
renewal of a lease. Notification of an increase shall 
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be delivered 60 days
prior to expiration of the lease.


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    Except in a municipality with a population greater than 
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    2,000,000 people, the rent for a
tenant who is at least 62 
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    years of age or disabled at the time of renewal  of a lease and 
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    who is renting the same
lot that the tenant rented in the 
 


 






09300SB2791sam001
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LRB093 14121 LCB 47436 a




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    immediately preceding year may not be increased in any year by

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    a percentage that exceeds the greater of the following: (i) the 
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    change in the consumer price index-u   during the immediately 
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    preceding calendar year or (ii) 3%. "Consumer price index-u" 
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    means the index published by the Bureau of Labor Statistics of 
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    the United States Department of Labor that measures the average 
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    change in prices of goods and services purchased by all urban 
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    consumers, United States city average, all items, 1982-84=100.  
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    If this index is no longer published, the Illinois Department 
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    of Labor shall adopt  a comparable substitute index by rule for 
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    purposes of this Section.

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(Source: P.A. 86-851.)

 
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    (765 ILCS 745/9.5 new)

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    Sec. 9.5. Penalties.  Any park owner who increases the rent 
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of a tenant who is at least 62 years of age or disabled in 
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violation of Section 9 is guilty of a petty offense and shall 
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be fined $500 for the first violation and $1,000 for a second 
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or subsequent violation.  The State's Attorney shall prosecute 
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violations under this Section.".