Sen. Dan Kotowski
Filed: 5/20/2014
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1 | AMENDMENT TO HOUSE BILL 4123
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2 | AMENDMENT NO. ______. Amend House Bill 4123, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Mobile Home Landlord and Tenant Rights Act | ||||||
6 | is amended by changing Sections 3, 6.5, 12, and 18 and by | ||||||
7 | adding Sections 6.6 and 6.7 as follows:
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8 | (765 ILCS 745/3) (from Ch. 80, par. 203)
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9 | Sec. 3. Definitions. Unless otherwise expressly defined, | ||||||
10 | all terms in
this Act shall be construed to have their | ||||||
11 | ordinarily accepted meanings or
such meaning as the context | ||||||
12 | therein requires.
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13 | (a) "Person" means any legal entity, including but not | ||||||
14 | limited to, an
individual, firm, partnership, association, | ||||||
15 | trust, joint stock company,
corporation or successor of any of | ||||||
16 | the foregoing.
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1 | (b) "Manufactured home" means a factory-assembled, | ||||||
2 | completely integrated structure designed for permanent | ||||||
3 | habitation, with a permanent chassis, and so constructed as to | ||||||
4 | permit its transport, on wheels temporarily or permanently | ||||||
5 | attached to its frame, and is a movable or portable unit that | ||||||
6 | is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||||||
7 | in length, and (iii) 320 or more square feet, constructed to be | ||||||
8 | towed on its own chassis (comprised of frame and wheels) from | ||||||
9 | the place of its construction to the location, or subsequent | ||||||
10 | locations, at which it is installed and set up according to the | ||||||
11 | manufacturer's instructions and connected to utilities for | ||||||
12 | year-round occupancy for use as a permanent habitation, and | ||||||
13 | designed and situated so as to permit its occupancy as a | ||||||
14 | dwelling place for one or more persons. The term shall include | ||||||
15 | units containing parts that may be folded, collapsed, or | ||||||
16 | telescoped when being towed and that may be expected to provide | ||||||
17 | additional cubic capacity, and that are designed to be joined | ||||||
18 | into one integral unit capable of being separated again into | ||||||
19 | the components for repeated towing. The term excludes campers | ||||||
20 | and recreational vehicles.
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21 | (c) "Mobile Home Park" or "Park" means a tract of land or 2 | ||||||
22 | contiguous tracts of land that contain sites with the necessary | ||||||
23 | utilities for 5 or more mobile homes or manufactured homes. A | ||||||
24 | mobile home park may be operated either free of charge or for | ||||||
25 | revenue purposes.
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26 | (d) "Park Owner" means the owner of a mobile home park and |
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1 | any person
authorized to exercise any aspect of the management | ||||||
2 | of the premises, including
any person who directly or | ||||||
3 | indirectly receives rents and has no obligation
to deliver the | ||||||
4 | whole of such receipts to another person.
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5 | (e) "Tenant" means any person who occupies a mobile home | ||||||
6 | rental unit for
dwelling purposes or a lot on which he parks a | ||||||
7 | mobile home for an agreed
upon consideration.
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8 | (f) "Rent" means any money or other consideration given for | ||||||
9 | the right
of use, possession and occupancy of property, be it a | ||||||
10 | lot, a mobile home, or both.
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11 | (g) "Master antenna television service" means any and all | ||||||
12 | services
provided by or through the facilities of any closed | ||||||
13 | circuit coaxial cable
communication system, or any microwave or | ||||||
14 | similar transmission services
other than a community antenna | ||||||
15 | television system as defined in Section
11-42-11 of the | ||||||
16 | Illinois Municipal Code.
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17 | (h) "Authority having jurisdiction" means the Illinois | ||||||
18 | Department of Public Health or a unit of local government | ||||||
19 | specifically authorized by statute, rule, or ordinance to | ||||||
20 | enforce this Act or any other statute, rule, or ordinance | ||||||
21 | applicable to the mobile home park or manufactured home | ||||||
22 | community. | ||||||
23 | (i) "Managing agent" means any person or entity responsible | ||||||
24 | for the operation, management, or maintenance of a mobile home | ||||||
25 | park or manufactured home community. | ||||||
26 | (Source: P.A. 96-1477, eff. 1-1-11.)
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1 | (765 ILCS 745/6.5) | ||||||
2 | Sec. 6.5. Disclosure. A park owner must disclose in writing | ||||||
3 | the following with every lease or sale and upon renewal of a | ||||||
4 | lease of a mobile home or lot in a mobile home park or | ||||||
5 | manufactured home community : | ||||||
6 | (1) the rent charged for the mobile home or lot in the | ||||||
7 | past 5 years; | ||||||
8 | (2) the park owner's responsibilities with respect to | ||||||
9 | the mobile home or lot; | ||||||
10 | (3) information regarding any fees imposed in addition | ||||||
11 | to the base rent; | ||||||
12 | (4) information regarding late payments; | ||||||
13 | (5) information regarding any privilege tax that is | ||||||
14 | applicable; | ||||||
15 | (6) information regarding security deposits, including | ||||||
16 | the right to the return of security deposits and interest | ||||||
17 | as provided in Section 18 of this Act; and
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18 | (7) information on a 3-year rent increase projection | ||||||
19 | which includes the 2 years of the lease and the year | ||||||
20 | immediately following. The basis for such rent increases | ||||||
21 | may be a fixed amount, a "not to exceed" amount, a formula, | ||||||
22 | an applicable index, or a combination of these | ||||||
23 | methodologies as elected by the park owner. These increases | ||||||
24 | may be in addition to all the non-controllable expenses | ||||||
25 | including, but not limited to, property taxes, government |
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1 | assessments, utilities, and insurance ; . | ||||||
2 | (8) the name of the legal entity that owns the | ||||||
3 | manufactured home community or mobile home park, and | ||||||
4 | either: (a) the name, address, and telephone number of the | ||||||
5 | property manager or designated agent for the manufactured | ||||||
6 | home community or mobile home park; or (b) the address and | ||||||
7 | telephone number of the legal entity that owns the | ||||||
8 | manufactured home community or mobile home park, if the | ||||||
9 | manufactured home community or mobile home park does not | ||||||
10 | have a property manager or designated agent; and | ||||||
11 | (9) information contained in any inspection notice | ||||||
12 | required to be posted under subsection (b) of Section 6.7 | ||||||
13 | of this Act. | ||||||
14 | The park owner must update the written disclosure at least | ||||||
15 | once per year. The park owner must advise tenants who are | ||||||
16 | renewing a lease of any changes in the disclosure from any | ||||||
17 | prior disclosure. Within 20 days after the closing of a | ||||||
18 | purchase and sale of a manufactured home community or mobile | ||||||
19 | home park that results in a change in the owner, the purchaser | ||||||
20 | or the representative of the purchaser must provide written | ||||||
21 | notice to each homeowner of the new owner and either: (i) the | ||||||
22 | name, address, and telephone number of the property manager or | ||||||
23 | designated agent for the manufactured home community or mobile | ||||||
24 | home park; or (ii) the address and telephone number of the | ||||||
25 | legal entity that owns the manufactured home community or | ||||||
26 | mobile home park if the manufactured home community or mobile |
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1 | home park does not have a property manager or designated agent. | ||||||
2 | The written notice may be provided by hand delivery to the | ||||||
3 | resident's home, by United States mail or a recognized courier | ||||||
4 | service, by posting in the office of the custodian of the park | ||||||
5 | or in the clubhouse or other area of the park where park | ||||||
6 | residents gather, or by posting on a community bulletin board.
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7 | The changes to this Section by this amendatory Act of the | ||||||
8 | 98th General Assembly apply to disclosures made and changes of | ||||||
9 | ownership that take place on or after January 1, 2015. | ||||||
10 | (Source: P.A. 95-383, eff. 1-1-08.) | ||||||
11 | (765 ILCS 745/6.6 new) | ||||||
12 | Sec. 6.6. Notice of bankruptcy or foreclosure proceedings. | ||||||
13 | If a bankruptcy case is commenced by or against a park owner by | ||||||
14 | the filing of a voluntary or involuntary petition under Title | ||||||
15 | 11 of the United States Code, if a receiver is appointed by a | ||||||
16 | court of competent jurisdiction in a case filed by or against a | ||||||
17 | park owner, or if a foreclosure proceeding is initiated against | ||||||
18 | the park property by a creditor of the park owner, then: (i) | ||||||
19 | the park owner shall provide written notice of the commencement | ||||||
20 | of the bankruptcy or foreclosure to the tenant within 30 days | ||||||
21 | of process having been properly served upon the park owner | ||||||
22 | notifying the park owner of the commencement of the case or | ||||||
23 | proceeding, or, with respect to a voluntary petition filed by | ||||||
24 | the park owner under Title 11 of the United States Code, within | ||||||
25 | 30 days of the park owner's filing of the petition; and (ii) |
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1 | the receiver shall notify all tenants of the park of its | ||||||
2 | appointment in accordance with the provisions of subsection (f) | ||||||
3 | of Section 15-1704 of the Code of Civil Procedure. The park | ||||||
4 | owner shall cause the written notice from the park owner | ||||||
5 | required by subclause (i) of the immediately preceding sentence | ||||||
6 | to be served by delivering a copy to the known occupant or by | ||||||
7 | leaving the notice with some person of the age of 13 years or | ||||||
8 | upwards who is residing on or in the leased premises or who is | ||||||
9 | in possession of the leased premises or by sending a copy of | ||||||
10 | the notice to the known occupant by first-class mail addressed | ||||||
11 | to the occupant by the name known to the park owner. | ||||||
12 | (765 ILCS 745/6.7 new) | ||||||
13 | Sec. 6.7. Violations; inspection reports; postings; | ||||||
14 | penalty. | ||||||
15 | (a) Any nonconformance with a statute, rule, or ordinance | ||||||
16 | applicable to the mobile home park or manufactured home | ||||||
17 | community constitutes a violation. The authority having | ||||||
18 | jurisdiction shall identify violations in an inspection | ||||||
19 | report. The inspection report shall be served upon the park | ||||||
20 | owner or managing agent in person or by certified United States | ||||||
21 | mail, return receipt requested, postage prepaid. | ||||||
22 | (b) The park owner or its managing agent shall post in a | ||||||
23 | conspicuous place any inspection report received from the | ||||||
24 | authority having jurisdiction regarding health and life safety | ||||||
25 | violations as defined in rules promulgated by the Illinois |
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1 | Department of Public Health. The inspection report shall be | ||||||
2 | posted beginning the business day after the date by which the | ||||||
3 | violation or violations must be corrected as set forth in the | ||||||
4 | inspection report issued by the authority having jurisdiction. | ||||||
5 | The posting may be removed only when: | ||||||
6 | (1) the authority having jurisdiction has issued | ||||||
7 | written authorization to remove the posting; or | ||||||
8 | (2) the park owner or its managing agent has corrected | ||||||
9 | the violation or violations, served notice to the authority | ||||||
10 | having jurisdiction that the violation or violations have | ||||||
11 | been corrected by submitting such documentation or | ||||||
12 | affidavit as may be necessary to substantiate the | ||||||
13 | correction by certified United States mail, return receipt | ||||||
14 | requested, postage prepaid, and no less than 15 days have | ||||||
15 | expired from the mailing date of the notice to the | ||||||
16 | authority having jurisdiction. | ||||||
17 | (c) Nothing in this Act may be construed to diminish, | ||||||
18 | impair, or otherwise affect the authority of the authority | ||||||
19 | having jurisdiction to charge violations under the Mobile Home | ||||||
20 | Park Act or any other statute, rule, or ordinance applicable to | ||||||
21 | the mobile home park or manufactured home community. | ||||||
22 | (d) Failure to comply with the requirements of this Section | ||||||
23 | subjects the park owner or managing agent to a $250 penalty. | ||||||
24 | The penalty shall be payable to the authority having | ||||||
25 | jurisdiction which issued the inspection report citing | ||||||
26 | violations. |
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1 | (e) For purposes of enforcement of this Section, the | ||||||
2 | Illinois Administrative Procedure Act is hereby expressly | ||||||
3 | adopted. The authority having jurisdiction has authority to | ||||||
4 | promulgate rules or adopt ordinances to enforce this Section. | ||||||
5 | (1) With respect to enforcement by the Illinois | ||||||
6 | Department of Public Health, the Illinois Administrative | ||||||
7 | Procedure Act is hereby expressly adopted. | ||||||
8 | (d) The authority having jurisdiction, other than the | ||||||
9 | Illinois Department of Public Health, has authority to | ||||||
10 | promulgate rules or adopt ordinances to enforce this | ||||||
11 | Section.
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12 | (765 ILCS 745/12) (from Ch. 80, par. 212)
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13 | Sec. 12. Lease prohibitions. No lease hereafter executed or | ||||||
14 | currently
existing between a park owner and tenant in a mobile | ||||||
15 | home park or manufactured home community in this State
shall | ||||||
16 | contain any provision:
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17 | (a) Permitting the park owner to charge a penalty fee for | ||||||
18 | late payment
of rent without allowing a tenant a minimum of 5 | ||||||
19 | days beyond the date the
rent is due in which to remit such | ||||||
20 | payment;
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21 | (b) Permitting the park owner to charge an amount in excess | ||||||
22 | of one month's
rent as a security deposit;
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23 | (c) Requiring the tenant to pay any fees not specified in | ||||||
24 | the lease;
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25 | (d) Permitting the park owner to transfer, or move, a |
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1 | mobile home to a
different lot, including a different lot in | ||||||
2 | the same mobile home park or manufactured home community ,
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3 | during the term of the lease ; .
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4 | (e) Waiving the homeowner's right to a trial by jury. | ||||||
5 | If one provision of a lease is invalid, that does not | ||||||
6 | affect the validity of the remaining provisions of the lease. | ||||||
7 | (Source: P.A. 85-607.)
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8 | (765 ILCS 745/18) (from Ch. 80, par. 218)
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9 | Sec. 18. Security deposit; Interest.
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10 | (a) If the lease requires
the tenant to provide
any deposit | ||||||
11 | with the park owner for the term of the lease, or any part | ||||||
12 | thereof,
said deposit shall be considered a Security Deposit. | ||||||
13 | Security Deposits
shall be returned in full to the tenant, | ||||||
14 | provided that the tenant has paid
all rent due in full for the | ||||||
15 | term of the lease and has caused no actual
damage to the | ||||||
16 | premises.
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17 | The park owner shall furnish the tenant, within 15 days | ||||||
18 | after termination
or expiration of the lease, an itemized list | ||||||
19 | of the damages incurred upon
the premises and the estimated | ||||||
20 | cost for the repair of each item.
The tenant's failure to | ||||||
21 | object to the itemized list within 15 days shall
constitute an | ||||||
22 | agreement upon the amount of damages specified therein. The
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23 | park owner's failure to furnish such itemized list of damages | ||||||
24 | shall constitute
an agreement that no damages have been | ||||||
25 | incurred
upon the premises and the entire security deposit |
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1 | shall become immediately
due and owing to the tenant.
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2 | The tenant's failure to furnish the park owner a forwarding | ||||||
3 | address shall
excuse the park owner from furnishing the list | ||||||
4 | required by this Section.
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5 | (b) A park owner of any park regularly containing 25 or | ||||||
6 | more mobile
homes shall pay interest to
the tenant, on any | ||||||
7 | deposit held by the park owner, computed from the date
of the | ||||||
8 | deposit
at a rate equal to the interest paid by the largest | ||||||
9 | commercial bank,
as measured by total assets, having its main | ||||||
10 | banking premises in this State
on minimum deposit passbook | ||||||
11 | savings accounts as of December 31 of the preceding
year on any | ||||||
12 | such deposit held by the
park owner for more than 6 months.
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13 | However, in the event that any portion of the amount deposited | ||||||
14 | is
utilized during the period for which it is deposited in | ||||||
15 | order to compensate
the owner for non-payment of rent or to | ||||||
16 | make a good faith reimbursement to
the owner for damage caused | ||||||
17 | by the tenant, the principal on which the
interest accrues may | ||||||
18 | be recomputed to reflect the reduction for the period
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19 | commencing on the first day of the calendar month following the | ||||||
20 | reduction.
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21 | The park owner shall, within 30 days after the end of
each | ||||||
22 | 12-month period, pay to the tenant any interest owed under this
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23 | Section in cash, provided, however, that the amount owed may be | ||||||
24 | applied to
rent due if the owner and tenant agree thereto.
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25 | A park owner who willfully fails or refuses to pay the | ||||||
26 | interest required
by this Act shall, upon a finding by a |
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1 | circuit court that he willfully
failed or refused to pay, be | ||||||
2 | liable for an amount equal to the amount of
the security | ||||||
3 | deposit, together with court costs and a reasonable attorney's
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4 | fee. | ||||||
5 | (c) A park owner, as landlord, shall hold in trust all | ||||||
6 | security deposits received from a tenant in one or more banks, | ||||||
7 | savings banks, or credit unions, the accounts of which are | ||||||
8 | insured by the Federal Deposit Insurance Corporation, the | ||||||
9 | National Credit Union Administration Share Insurance Fund, or | ||||||
10 | other applicable entity under law. A security deposit and the | ||||||
11 | interest due under subsection (b) of this Section is the | ||||||
12 | property of the tenant until the deposit is returned to the | ||||||
13 | tenant or used to compensate, or applied to the tenant's | ||||||
14 | obligations to, the park owner, as landlord, in accordance with | ||||||
15 | the lease or applicable State and local law. The security | ||||||
16 | deposit shall not be commingled with the assets of the park | ||||||
17 | owner, and shall not be subject to the claims of any creditor | ||||||
18 | of the park owner or any party claiming an interest in the | ||||||
19 | deposit through the park owner, including a foreclosing | ||||||
20 | mortgagee or trustee in bankruptcy; provided that this | ||||||
21 | subsection does not prevent a foreclosing mortgagee, receiver, | ||||||
22 | or trustee from taking over control of the applicable bank | ||||||
23 | account holding the security deposits, which may include moving | ||||||
24 | the security deposits to another bank account meeting the | ||||||
25 | requirements of this Section, provided that the mortgagee, | ||||||
26 | receiver, or trustee: |
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1 | (1) shall continue to hold the security deposits in | ||||||
2 | trust as provided in, and subject to, the provisions of | ||||||
3 | this Section; and | ||||||
4 | (2) is entitled to use a security deposit to | ||||||
5 | compensate, and apply a security deposit to discharge the | ||||||
6 | obligations of the tenant to, the park owner as permitted | ||||||
7 | by the lease or applicable State and local law.
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8 | (Source: P.A. 88-643, eff. 1-1-95.)".
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