| |||||||
| |||||||
| |||||||
1 | AN ACT concerning civil law.
| ||||||
2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
| ||||||
4 | Section 5. The Mobile Home Landlord and Tenant Rights Act | ||||||
5 | is amended by changing Section 6.7 as follows: | ||||||
6 | (765 ILCS 745/6.7) | ||||||
7 | Sec. 6.7. Violations; inspection reports; postings; | ||||||
8 | penalty. | ||||||
9 | (a) Any nonconformance with a statute, rule, or ordinance | ||||||
10 | applicable to the mobile home park or manufactured home | ||||||
11 | community constitutes a violation. The authority having | ||||||
12 | jurisdiction shall identify violations in an inspection | ||||||
13 | report. The inspection report shall be served upon the park | ||||||
14 | owner or managing agent in person or by certified United States | ||||||
15 | mail, return receipt requested, postage prepaid. | ||||||
16 | (b) The park owner or its managing agent shall post in a | ||||||
17 | conspicuous place any inspection report received from the | ||||||
18 | authority having jurisdiction regarding health and life safety | ||||||
19 | violations as defined in rules promulgated by the Illinois | ||||||
20 | Department of Public Health. The inspection report shall be | ||||||
21 | posted beginning the business day after the date by which the | ||||||
22 | violation or violations must be corrected as set forth in the | ||||||
23 | inspection report issued by the authority having jurisdiction. |
| |||||||
| |||||||
1 | The posting may be removed only when: | ||||||
2 | (1) the authority having jurisdiction has issued | ||||||
3 | written authorization to remove the posting; or | ||||||
4 | (2) the park owner or its managing agent has corrected | ||||||
5 | the violation or violations, served notice to the authority | ||||||
6 | having jurisdiction that the violation or violations have | ||||||
7 | been corrected by submitting such documentation or | ||||||
8 | affidavit as may be necessary to substantiate the | ||||||
9 | correction by certified United States mail, return receipt | ||||||
10 | requested, postage prepaid, and no less than 15 days have | ||||||
11 | expired from the mailing date of the notice to the | ||||||
12 | authority having jurisdiction. | ||||||
13 | (c) Nothing in this Act may be construed to diminish, | ||||||
14 | impair, or otherwise affect the authority of the authority | ||||||
15 | having jurisdiction to charge violations under the Mobile Home | ||||||
16 | Park Act or any other statute, rule, or ordinance applicable to | ||||||
17 | the mobile home park or manufactured home community. | ||||||
18 | (d) Failure to comply with the requirements of this Section | ||||||
19 | subjects the park owner or managing agent to a $250 penalty. | ||||||
20 | The penalty shall be payable to the authority having | ||||||
21 | jurisdiction which issued the inspection report citing | ||||||
22 | violations. | ||||||
23 | (e) For purposes of enforcement of this Section by the | ||||||
24 | Illinois Department of Public Health, the Illinois | ||||||
25 | Administrative Procedure Act is hereby expressly adopted. The | ||||||
26 | Illinois Department of Public Health has the authority to |
| |||||||
| |||||||
1 | promulgate rules to enforce this Section. | ||||||
2 | (f) For purposes of enforcement of this Section by any | ||||||
3 | authority having jurisdiction other than the Illinois | ||||||
4 | Department of Public Health, the authority having jurisdiction | ||||||
5 | has the authority to adopt ordinances to enforce this Section.
| ||||||
6 | (g) A unit of local government, as defined in Article VII, | ||||||
7 | Section 1 of the Illinois Constitution of 1970, other than a | ||||||
8 | municipality having a population of 1,000,000 or more | ||||||
9 | inhabitants, has the authority to enact, maintain, and enforce | ||||||
10 | an ordinance or resolution denying park owners the ability to | ||||||
11 | increase rent, fees, or other charges imposed upon tenants if | ||||||
12 | the park owner has failed to correct a health or life safety | ||||||
13 | violation, as defined in rules adopted by the Department of | ||||||
14 | Public Health or the authority having jurisdiction, until the | ||||||
15 | violations are corrected as set forth in the inspection report | ||||||
16 | issued by the authority having jurisdiction. | ||||||
17 | (Source: P.A. 98-1062, eff. 1-1-15 .) |