HB4123 EnrolledLRB098 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 3, 6.5, 12, and 18 and by
6adding Sections 6.6 and 6.7 as follows:
7    (765 ILCS 745/3)  (from Ch. 80, par. 203)
8    Sec. 3. Definitions. Unless otherwise expressly defined,
9all terms in this Act shall be construed to have their
10ordinarily accepted meanings or such meaning as the context
11therein requires.
12    (a) "Person" means any legal entity, including but not
13limited to, an individual, firm, partnership, association,
14trust, joint stock company, corporation or successor of any of
15the foregoing.
16    (b) "Manufactured home" means a factory-assembled,
17completely integrated structure designed for permanent
18habitation, with a permanent chassis, and so constructed as to
19permit its transport, on wheels temporarily or permanently
20attached to its frame, and is a movable or portable unit that
21is (i) 8 body feet or more in width, (ii) 40 body feet or more
22in length, and (iii) 320 or more square feet, constructed to be
23towed on its own chassis (comprised of frame and wheels) from



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1the place of its construction to the location, or subsequent
2locations, at which it is installed and set up according to the
3manufacturer's instructions and connected to utilities for
4year-round occupancy for use as a permanent habitation, and
5designed and situated so as to permit its occupancy as a
6dwelling place for one or more persons. The term shall include
7units containing parts that may be folded, collapsed, or
8telescoped when being towed and that may be expected to provide
9additional cubic capacity, and that are designed to be joined
10into one integral unit capable of being separated again into
11the components for repeated towing. The term excludes campers
12and recreational vehicles.
13    (c) "Mobile Home Park" or "Park" means a tract of land or 2
14contiguous tracts of land that contain sites with the necessary
15utilities for 5 or more mobile homes or manufactured homes. A
16mobile home park may be operated either free of charge or for
17revenue purposes.
18    (d) "Park Owner" means the owner of a mobile home park and
19any person authorized to exercise any aspect of the management
20of the premises, including any person who directly or
21indirectly receives rents and has no obligation to deliver the
22whole of such receipts to another person.
23    (e) "Tenant" means any person who occupies a mobile home
24rental unit for dwelling purposes or a lot on which he parks a
25mobile home for an agreed upon consideration.
26    (f) "Rent" means any money or other consideration given for



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1the right of use, possession and occupancy of property, be it a
2lot, a mobile home, or both.
3    (g) "Master antenna television service" means any and all
4services provided by or through the facilities of any closed
5circuit coaxial cable communication system, or any microwave or
6similar transmission services other than a community antenna
7television system as defined in Section 11-42-11 of the
8Illinois Municipal Code.
9    (h) "Authority having jurisdiction" means the Illinois
10Department of Public Health or a unit of local government
11specifically authorized by statute, rule, or ordinance to
12enforce this Act or any other statute, rule, or ordinance
13applicable to the mobile home park or manufactured home
15    (i) "Managing agent" means any person or entity responsible
16for the operation, management, or maintenance of a mobile home
17park or manufactured home community.
18(Source: P.A. 96-1477, eff. 1-1-11.)
19    (765 ILCS 745/6.5)
20    Sec. 6.5. Disclosure. A park owner must disclose in writing
21the following with every lease or sale and upon renewal of a
22lease of a mobile home or lot in a mobile home park or
23manufactured home community:
24        (1) the rent charged for the mobile home or lot in the
25    past 5 years;



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1        (2) the park owner's responsibilities with respect to
2    the mobile home or lot;
3        (3) information regarding any fees imposed in addition
4    to the base rent;
5        (4) information regarding late payments;
6        (5) information regarding any privilege tax that is
7    applicable;
8        (6) information regarding security deposits, including
9    the right to the return of security deposits and interest
10    as provided in Section 18 of this Act; and
11        (7) information on a 3-year rent increase projection
12    which includes the 2 years of the lease and the year
13    immediately following. The basis for such rent increases
14    may be a fixed amount, a "not to exceed" amount, a formula,
15    an applicable index, or a combination of these
16    methodologies as elected by the park owner. These increases
17    may be in addition to all the non-controllable expenses
18    including, but not limited to, property taxes, government
19    assessments, utilities, and insurance; .
20        (8) the name of the legal entity that owns the
21    manufactured home community or mobile home park, and
22    either: (a) the name, address, and telephone number of the
23    property manager or designated agent for the manufactured
24    home community or mobile home park; or (b) the address and
25    telephone number of the legal entity that owns the
26    manufactured home community or mobile home park, if the



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1    manufactured home community or mobile home park does not
2    have a property manager or designated agent; and
3        (9) information contained in any inspection notice
4    required to be posted under subsection (b) of Section 6.7
5    of this Act.
6    The park owner must update the written disclosure at least
7once per year. The park owner must advise tenants who are
8renewing a lease of any changes in the disclosure from any
9prior disclosure. Within 20 days after the closing of a
10purchase and sale of a manufactured home community or mobile
11home park that results in a change in the owner, the purchaser
12or the representative of the purchaser must provide written
13notice to each homeowner of the new owner and either: (i) the
14name, address, and telephone number of the property manager or
15designated agent for the manufactured home community or mobile
16home park; or (ii) the address and telephone number of the
17legal entity that owns the manufactured home community or
18mobile home park if the manufactured home community or mobile
19home park does not have a property manager or designated agent.
20The written notice may be provided by hand delivery to the
21resident's home, by United States mail or a recognized courier
22service, by posting in the office of the custodian of the park
23or in the clubhouse or other area of the park where park
24residents gather, or by posting on a community bulletin board.
25    The changes to this Section by this amendatory Act of the
2698th General Assembly apply to disclosures made and changes of



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1ownership that take place on or after January 1, 2015.
2(Source: P.A. 95-383, eff. 1-1-08.)
3    (765 ILCS 745/6.6 new)
4    Sec. 6.6. Notice of bankruptcy or foreclosure proceedings.
5If a bankruptcy case is commenced by or against a park owner by
6the filing of a voluntary or involuntary petition under Title
711 of the United States Code, if a receiver is appointed by a
8court of competent jurisdiction in a case filed by or against a
9park owner, or if a foreclosure proceeding is initiated against
10the park property by a creditor of the park owner, then: (i)
11the park owner shall provide written notice of the commencement
12of the bankruptcy or foreclosure to the tenant within 30 days
13of process having been properly served upon the park owner
14notifying the park owner of the commencement of the case or
15proceeding, or, with respect to a voluntary petition filed by
16the park owner under Title 11 of the United States Code, within
1730 days of the park owner's filing of the petition; and (ii)
18the receiver shall notify all tenants of the park of its
19appointment in accordance with the provisions of subsection (f)
20of Section 15-1704 of the Code of Civil Procedure. The park
21owner shall cause the written notice from the park owner
22required by subclause (i) of the immediately preceding sentence
23to be served by delivering a copy to the known occupant or by
24leaving the notice with some person of the age of 13 years or
25upwards who is residing on or in the leased premises or who is



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1in possession of the leased premises or by sending a copy of
2the notice to the known occupant by first-class mail addressed
3to the occupant by the name known to the park owner.
4    (765 ILCS 745/6.7 new)
5    Sec. 6.7. Violations; inspection reports; postings;
7    (a) Any nonconformance with a statute, rule, or ordinance
8applicable to the mobile home park or manufactured home
9community constitutes a violation. The authority having
10jurisdiction shall identify violations in an inspection
11report. The inspection report shall be served upon the park
12owner or managing agent in person or by certified United States
13mail, return receipt requested, postage prepaid.
14    (b) The park owner or its managing agent shall post in a
15conspicuous place any inspection report received from the
16authority having jurisdiction regarding health and life safety
17violations as defined in rules promulgated by the Illinois
18Department of Public Health. The inspection report shall be
19posted beginning the business day after the date by which the
20violation or violations must be corrected as set forth in the
21inspection report issued by the authority having jurisdiction.
22The posting may be removed only when:
23        (1) the authority having jurisdiction has issued
24    written authorization to remove the posting; or
25        (2) the park owner or its managing agent has corrected



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1    the violation or violations, served notice to the authority
2    having jurisdiction that the violation or violations have
3    been corrected by submitting such documentation or
4    affidavit as may be necessary to substantiate the
5    correction by certified United States mail, return receipt
6    requested, postage prepaid, and no less than 15 days have
7    expired from the mailing date of the notice to the
8    authority having jurisdiction.
9    (c) Nothing in this Act may be construed to diminish,
10impair, or otherwise affect the authority of the authority
11having jurisdiction to charge violations under the Mobile Home
12Park Act or any other statute, rule, or ordinance applicable to
13the mobile home park or manufactured home community.
14    (d) Failure to comply with the requirements of this Section
15subjects the park owner or managing agent to a $250 penalty.
16The penalty shall be payable to the authority having
17jurisdiction which issued the inspection report citing
19    (e) For purposes of enforcement of this Section by the
20Illinois Department of Public Health, the Illinois
21Administrative Procedure Act is hereby expressly adopted. The
22Illinois Department of Public Health has the authority to
23promulgate rules to enforce this Section.
24    (f) For purposes of enforcement of this Section by any
25authority having jurisdiction other than the Illinois
26Department of Public Health, the authority having jurisdiction



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1has the authority to adopt ordinances to enforce this Section.
2    (765 ILCS 745/12)  (from Ch. 80, par. 212)
3    Sec. 12. Lease prohibitions. No lease hereafter executed or
4currently existing between a park owner and tenant in a mobile
5home park or manufactured home community in this State shall
6contain any provision:
7    (a) Permitting the park owner to charge a penalty fee for
8late payment of rent without allowing a tenant a minimum of 5
9days beyond the date the rent is due in which to remit such
11    (b) Permitting the park owner to charge an amount in excess
12of one month's rent as a security deposit;
13    (c) Requiring the tenant to pay any fees not specified in
14the lease;
15    (d) Permitting the park owner to transfer, or move, a
16mobile home to a different lot, including a different lot in
17the same mobile home park or manufactured home community,
18during the term of the lease; .
19    (e) Waiving the homeowner's right to a trial by jury.
20    If one provision of a lease is invalid, that does not
21affect the validity of the remaining provisions of the lease.
22(Source: P.A. 85-607.)
23    (765 ILCS 745/18)  (from Ch. 80, par. 218)
24    Sec. 18. Security deposit; Interest.



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1    (a) If the lease requires the tenant to provide any deposit
2with the park owner for the term of the lease, or any part
3thereof, said deposit shall be considered a Security Deposit.
4Security Deposits shall be returned in full to the tenant,
5provided that the tenant has paid all rent due in full for the
6term of the lease and has caused no actual damage to the
8    The park owner shall furnish the tenant, within 15 days
9after termination or expiration of the lease, an itemized list
10of the damages incurred upon the premises and the estimated
11cost for the repair of each item. The tenant's failure to
12object to the itemized list within 15 days shall constitute an
13agreement upon the amount of damages specified therein. The
14park owner's failure to furnish such itemized list of damages
15shall constitute an agreement that no damages have been
16incurred upon the premises and the entire security deposit
17shall become immediately due and owing to the tenant.
18    The tenant's failure to furnish the park owner a forwarding
19address shall excuse the park owner from furnishing the list
20required by this Section.
21    (b) A park owner of any park regularly containing 25 or
22more mobile homes shall pay interest to the tenant, on any
23deposit held by the park owner, computed from the date of the
24deposit at a rate equal to the interest paid by the largest
25commercial bank, as measured by total assets, having its main
26banking premises in this State on minimum deposit passbook



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1savings accounts as of December 31 of the preceding year on any
2such deposit held by the park owner for more than 6 months.
3However, in the event that any portion of the amount deposited
4is utilized during the period for which it is deposited in
5order to compensate the owner for non-payment of rent or to
6make a good faith reimbursement to the owner for damage caused
7by the tenant, the principal on which the interest accrues may
8be recomputed to reflect the reduction for the period
9commencing on the first day of the calendar month following the
11    The park owner shall, within 30 days after the end of each
1212-month period, pay to the tenant any interest owed under this
13Section in cash, provided, however, that the amount owed may be
14applied to rent due if the owner and tenant agree thereto.
15    A park owner who willfully fails or refuses to pay the
16interest required by this Act shall, upon a finding by a
17circuit court that he willfully failed or refused to pay, be
18liable for an amount equal to the amount of the security
19deposit, together with court costs and a reasonable attorney's
21    (c) A park owner, as landlord, shall hold in trust all
22security deposits received from a tenant in one or more banks,
23savings banks, or credit unions, the accounts of which are
24insured by the Federal Deposit Insurance Corporation, the
25National Credit Union Administration Share Insurance Fund, or
26other applicable entity under law. A security deposit and the



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1interest due under subsection (b) of this Section is the
2property of the tenant until the deposit is returned to the
3tenant or used to compensate, or applied to the tenant's
4obligations to, the park owner, as landlord, in accordance with
5the lease or applicable State and local law. The security
6deposit shall not be commingled with the assets of the park
7owner, and shall not be subject to the claims of any creditor
8of the park owner or any party claiming an interest in the
9deposit through the park owner, including a foreclosing
10mortgagee or trustee in bankruptcy; provided that this
11subsection does not prevent a foreclosing mortgagee, receiver,
12or trustee from taking over control of the applicable bank
13account holding the security deposits, which may include moving
14the security deposits to another bank account meeting the
15requirements of this Section, provided that the mortgagee,
16receiver, or trustee:
17        (1) shall continue to hold the security deposits in
18    trust as provided in, and subject to, the provisions of
19    this Section; and
20        (2) is entitled to use a security deposit to
21    compensate, and apply a security deposit to discharge the
22    obligations of the tenant to, the park owner as permitted
23    by the lease or applicable State and local law.
24(Source: P.A. 88-643, eff. 1-1-95.)