HB4123 EngrossedLRB098 15679 RPS 50710 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mobile Home Landlord and Tenant Rights Act
5is amended by changing Sections 6.5, 12, and 18 and by adding
6Sections 6.6 and 6.7 as follows:
7    (765 ILCS 745/6.5)
8    Sec. 6.5. Disclosure. A park owner must disclose in writing
9the following with every lease or sale and upon renewal of a
10lease of a mobile home or lot in a mobile home park:
11        (1) the rent charged for the mobile home or lot in the
12    past 5 years;
13        (2) the park owner's responsibilities with respect to
14    the mobile home or lot;
15        (3) information regarding any fees imposed in addition
16    to the base rent;
17        (4) information regarding late payments;
18        (5) information regarding any privilege tax that is
19    applicable;
20        (6) information regarding security deposits, including
21    the right to the return of security deposits and interest
22    as provided in Section 18 of this Act; and
23        (7) information on a 3-year rent increase projection



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1    which includes the 2 years of the lease and the year
2    immediately following. The basis for such rent increases
3    may be a fixed amount, a "not to exceed" amount, a formula,
4    an applicable index, or a combination of these
5    methodologies as elected by the park owner. These increases
6    may be in addition to all the non-controllable expenses
7    including, but not limited to, property taxes, government
8    assessments, utilities, and insurance; .
9        (8) the name of the owner of the manufactured home
10    community or mobile home park, and either: (a) the name,
11    address, and telephone number of the property manager or
12    designated agent for the manufactured home community or
13    mobile home park; or (b) the address and telephone number
14    of the owner of the manufactured home community or mobile
15    home park, if the manufactured home community or mobile
16    home park does not have a property manager or designated
17    agent; and
18        (9) information contained in any uncured violation, as
19    defined in subsection (a) of Section 6.7 of this Act,
20    existing as of the date the written disclosure under this
21    Section is provided.
22    The park owner must update the written disclosure at least
23once per year. The park owner must advise tenants who are
24renewing a lease of any changes in the disclosure from any
25prior disclosure. Within 20 days after the closing of a
26purchase and sale of a manufactured home community or mobile



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1home park that results in a change in the owner, the purchaser
2or the representative of the purchaser must provide written
3notice to each homeowner of the new owner and either: (i) the
4name, address, and telephone number of the property manager or
5designated agent for the manufactured home community or mobile
6home park; or (ii) the address and telephone number of the
7owner of the manufactured home community or mobile home park if
8the manufactured home community or mobile home park does not
9have a property manager or designated agent. The written notice
10may be provided by hand delivery to the resident's home, by
11United States mail or a recognized courier service, by posting
12in the office of the custodian of the park or in the clubhouse
13or other area of the park where park residents gather, or by
14posting on a community bulletin board.
15    The changes to this Section by this amendatory Act of the
1698th General Assembly apply to disclosures made on or after
17January 1, 2015.
18(Source: P.A. 95-383, eff. 1-1-08.)
19    (765 ILCS 745/6.6 new)
20    Sec. 6.6. Notice of bankruptcy or foreclosure proceedings.
21If a bankruptcy case is commenced by or against a park owner by
22the filing of a voluntary or involuntary petition under Title
2311 of the United States Code, if a receiver is appointed by a
24court of competent jurisdiction in a case filed by or against a
25park owner, or if a foreclosure proceeding is initiated against



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1the park property by a creditor of the park owner, the park
2owner shall provide written notice of the commencement of the
3bankruptcy, receivership, or foreclosure to the tenant within
430 days of the commencement of the case or proceeding.
5    (765 ILCS 745/6.7 new)
6    Sec. 6.7. Department of Public Health violations.
7    (a) As used in this Section:
8        (1) "Department" means the Illinois Department of
9    Public Health or a local department of public health; and
10        (2) "Uncured violation" means:
11            (A) a violation of the Mobile Home Park Act that
12        has been cited by the Department in a written notice to
13        the park owner and has not been rectified within the
14        time period allotted by the Department or, if no time
15        period is allotted, the applicable time period
16        allotted by the applicable law or regulation pursuant
17        to which the violation was issued; or
18            (B) an ongoing enforcement action by the
19        Department against the park pertaining to any cited
20        violations described in subparagraph (A) of this
21        paragraph.
22    (b) A park owner shall provide written notice of an uncured
23violation by posting the notice in the office of the custodian
24of the park or in the clubhouse or other area of the park where
25park residents gather or on a community bulletin board.



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1    (c) If the park owner or managing agent of the park
2reasonably believes that the uncured violation has been cured
3or was issued in error or if the Department confirms in writing
4that the violation has been rectified, the park owner or
5managing agent of the park may remove the notice required by
6subsection (b) of this Section from the areas described in
7subsection (b) of this Section and is not required to include
8the notice with the disclosures made pursuant to Section 6.5 of
9this Act.
10    (d) If an impartial hearing examiner appointed by the
11Director of Public Health determines that a park owner has
12violated the requirements of this Section or failed to make a
13disclosure required by paragraph (9) of Section 6.5 of this
14Act, then the park owner is liable only for the payment of a
15fine in an amount determined by the examiner, not to exceed
16$250 for each violation. The park owner or the representative
17of the park owner shall not be subject to other civil or
18criminal liability to this State, any other instrumentality or
19government, or any individual.
20    (e) Any notice provided by the Department of Public Health
21or by or on behalf of the park owner under this Section shall
22be mailed via United States certified mail, return receipt
23requested, postage prepaid.
24    (765 ILCS 745/12)  (from Ch. 80, par. 212)
25    Sec. 12. Lease prohibitions. No lease hereafter executed or



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1currently existing between a park owner and tenant in a mobile
2home park in this State shall contain any provision:
3    (a) Permitting the park owner to charge a penalty fee for
4late payment of rent without allowing a tenant a minimum of 5
5days beyond the date the rent is due in which to remit such
7    (b) Permitting the park owner to charge an amount in excess
8of one month's rent as a security deposit;
9    (c) Requiring the tenant to pay any fees not specified in
10the lease;
11    (d) Permitting the park owner to transfer, or move, a
12mobile home to a different lot, including a different lot in
13the same mobile home park, during the term of the lease; .
14    (e) Waiving the tenant's right to a trial by jury.
15(Source: P.A. 85-607.)
16    (765 ILCS 745/18)  (from Ch. 80, par. 218)
17    Sec. 18. Security deposit; Interest.
18    (a) If the lease requires the tenant to provide any deposit
19with the park owner for the term of the lease, or any part
20thereof, said deposit shall be considered a Security Deposit.
21Security Deposits shall be returned in full to the tenant,
22provided that the tenant has paid all rent due in full for the
23term of the lease and has caused no actual damage to the
25    The park owner shall furnish the tenant, within 15 days



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1after termination or expiration of the lease, an itemized list
2of the damages incurred upon the premises and the estimated
3cost for the repair of each item. The tenant's failure to
4object to the itemized list within 15 days shall constitute an
5agreement upon the amount of damages specified therein. The
6park owner's failure to furnish such itemized list of damages
7shall constitute an agreement that no damages have been
8incurred upon the premises and the entire security deposit
9shall become immediately due and owing to the tenant.
10    The tenant's failure to furnish the park owner a forwarding
11address shall excuse the park owner from furnishing the list
12required by this Section.
13    (b) A park owner of any park regularly containing 25 or
14more mobile homes shall pay interest to the tenant, on any
15deposit held by the park owner, computed from the date of the
16deposit at a rate equal to the interest paid by the largest
17commercial bank, as measured by total assets, having its main
18banking premises in this State on minimum deposit passbook
19savings accounts as of December 31 of the preceding year on any
20such deposit held by the park owner for more than 6 months.
21However, in the event that any portion of the amount deposited
22is utilized during the period for which it is deposited in
23order to compensate the owner for non-payment of rent or to
24make a good faith reimbursement to the owner for damage caused
25by the tenant, the principal on which the interest accrues may
26be recomputed to reflect the reduction for the period



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1commencing on the first day of the calendar month following the
3    The park owner shall, within 30 days after the end of each
412-month period, pay to the tenant any interest owed under this
5Section in cash, provided, however, that the amount owed may be
6applied to rent due if the owner and tenant agree thereto.
7    A park owner who willfully fails or refuses to pay the
8interest required by this Act shall, upon a finding by a
9circuit court that he willfully failed or refused to pay, be
10liable for an amount equal to the amount of the security
11deposit, together with court costs and a reasonable attorney's
13    (c) A park owner, as landlord, shall hold in trust all
14security deposits received from a tenant in one or more
15federally insured accounts in a bank, savings and loan
16association, or other financial institution. A security
17deposit and the interest due under subsection (b) of this
18Section is the property of the tenant until the deposit is
19returned to the tenant or used to compensate, or applied to the
20tenant's obligations to, the park owner, as landlord, in
21accordance with the lease or applicable State and local law.
22The security deposit shall not be commingled with the assets of
23the park owner, and shall not be subject to the claims of any
24creditor of the park owner or any party claiming an interest in
25the deposit through the park owner, including a foreclosing
26mortgagee or trustee in bankruptcy; provided that this



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1subsection does not prevent a foreclosing mortgagee, receiver,
2or trustee from taking over control of the applicable bank
3account holding the security deposits, which may include moving
4the security deposits to another bank account meeting the
5requirements of this Section, provided that the mortgagee,
6receiver, or trustee:
7        (1) shall continue to hold the security deposits in
8    trust as provided in, and subject to, the provisions of
9    this Section; and
10        (2) is entitled to use a security deposit to
11    compensate, and apply a security deposit to discharge the
12    obligations of the tenant to, the park owner as permitted
13    by the lease or applicable State and local law.
14(Source: P.A. 88-643, eff. 1-1-95.)