Sen. Melinda Bush
Filed: 5/8/2017
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1 | AMENDMENT TO SENATE BILL 569
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2 | AMENDMENT NO. ______. Amend Senate Bill 569 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 |
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1 | conspicuous place any inspection report received from the | ||||||
2 | authority having jurisdiction regarding health and life safety | ||||||
3 | violations as defined in rules promulgated by the Illinois | ||||||
4 | Department of Public Health. The inspection report shall be | ||||||
5 | posted beginning the business day after the date by which the | ||||||
6 | violation or violations must be corrected as set forth in the | ||||||
7 | inspection report issued by the authority having jurisdiction. | ||||||
8 | The posting may be removed only when: | ||||||
9 | (1) the authority having jurisdiction has issued | ||||||
10 | written authorization to remove the posting; or | ||||||
11 | (2) the park owner or its managing agent has corrected | ||||||
12 | the violation or violations, served notice to the authority | ||||||
13 | having jurisdiction that the violation or violations have | ||||||
14 | been corrected by submitting such documentation or | ||||||
15 | affidavit as may be necessary to substantiate the | ||||||
16 | correction by certified United States mail, return receipt | ||||||
17 | requested, postage prepaid, and no less than 15 days have | ||||||
18 | expired from the mailing date of the notice to the | ||||||
19 | authority having jurisdiction. | ||||||
20 | (c) Nothing in this Act may be construed to diminish, | ||||||
21 | impair, or otherwise affect the authority of the authority | ||||||
22 | having jurisdiction to charge violations under the Mobile Home | ||||||
23 | Park Act or any other statute, rule, or ordinance applicable to | ||||||
24 | the mobile home park or manufactured home community. | ||||||
25 | (d) Failure to comply with the requirements of this Section | ||||||
26 | subjects the park owner or managing agent to a $250 penalty. |
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1 | The penalty shall be payable to the authority having | ||||||
2 | jurisdiction which issued the inspection report citing | ||||||
3 | violations. | ||||||
4 | (e) For purposes of enforcement of this Section by the | ||||||
5 | Illinois Department of Public Health, the Illinois | ||||||
6 | Administrative Procedure Act is hereby expressly adopted. The | ||||||
7 | Illinois Department of Public Health has the authority to | ||||||
8 | promulgate rules to enforce this Section. | ||||||
9 | (f) For purposes of enforcement of this Section by any | ||||||
10 | authority having jurisdiction other than the Illinois | ||||||
11 | Department of Public Health, the authority having jurisdiction | ||||||
12 | has the authority to adopt ordinances to enforce this Section.
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13 | (g) A unit of local government, as defined in Article VII, | ||||||
14 | Section 1 of the Illinois Constitution of 1970, has the | ||||||
15 | authority to enact, maintain, and enforce an ordinance or | ||||||
16 | resolution denying park owners the ability to increase rent, | ||||||
17 | fees, or other charges imposed upon tenants if the park owner | ||||||
18 | has failed to correct a health or life safety violation, as | ||||||
19 | defined in rules adopted by the Department of Public Health or | ||||||
20 | the authority having jurisdiction, until the violations are | ||||||
21 | corrected as set forth in the inspection report issued by the | ||||||
22 | authority having jurisdiction. | ||||||
23 | (Source: P.A. 98-1062, eff. 1-1-15 .)".
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