Sen. Dan Kotowski

Filed: 5/20/2014





09800HB4123sam002LRB098 15679 HEP 59763 a


2    AMENDMENT NO. ______. Amend House Bill 4123, AS AMENDED, by
3replacing everything after the enacting clause with the
5    "Section 5. The Mobile Home Landlord and Tenant Rights Act
6is amended by changing Sections 3, 6.5, 12, and 18 and by
7adding Sections 6.6 and 6.7 as follows:
8    (765 ILCS 745/3)  (from Ch. 80, par. 203)
9    Sec. 3. Definitions. Unless otherwise expressly defined,
10all terms in this Act shall be construed to have their
11ordinarily accepted meanings or such meaning as the context
12therein requires.
13    (a) "Person" means any legal entity, including but not
14limited to, an individual, firm, partnership, association,
15trust, joint stock company, corporation or successor of any of
16the foregoing.



09800HB4123sam002- 2 -LRB098 15679 HEP 59763 a

1    (b) "Manufactured home" means a factory-assembled,
2completely integrated structure designed for permanent
3habitation, with a permanent chassis, and so constructed as to
4permit its transport, on wheels temporarily or permanently
5attached to its frame, and is a movable or portable unit that
6is (i) 8 body feet or more in width, (ii) 40 body feet or more
7in length, and (iii) 320 or more square feet, constructed to be
8towed on its own chassis (comprised of frame and wheels) from
9the place of its construction to the location, or subsequent
10locations, at which it is installed and set up according to the
11manufacturer's instructions and connected to utilities for
12year-round occupancy for use as a permanent habitation, and
13designed and situated so as to permit its occupancy as a
14dwelling place for one or more persons. The term shall include
15units containing parts that may be folded, collapsed, or
16telescoped when being towed and that may be expected to provide
17additional cubic capacity, and that are designed to be joined
18into one integral unit capable of being separated again into
19the components for repeated towing. The term excludes campers
20and recreational vehicles.
21    (c) "Mobile Home Park" or "Park" means a tract of land or 2
22contiguous tracts of land that contain sites with the necessary
23utilities for 5 or more mobile homes or manufactured homes. A
24mobile home park may be operated either free of charge or for
25revenue purposes.
26    (d) "Park Owner" means the owner of a mobile home park and



09800HB4123sam002- 3 -LRB098 15679 HEP 59763 a

1any person authorized to exercise any aspect of the management
2of the premises, including any person who directly or
3indirectly receives rents and has no obligation to deliver the
4whole of such receipts to another person.
5    (e) "Tenant" means any person who occupies a mobile home
6rental unit for dwelling purposes or a lot on which he parks a
7mobile home for an agreed upon consideration.
8    (f) "Rent" means any money or other consideration given for
9the right of use, possession and occupancy of property, be it a
10lot, a mobile home, or both.
11    (g) "Master antenna television service" means any and all
12services provided by or through the facilities of any closed
13circuit coaxial cable communication system, or any microwave or
14similar transmission services other than a community antenna
15television system as defined in Section 11-42-11 of the
16Illinois Municipal Code.
17    (h) "Authority having jurisdiction" means the Illinois
18Department of Public Health or a unit of local government
19specifically authorized by statute, rule, or ordinance to
20enforce this Act or any other statute, rule, or ordinance
21applicable to the mobile home park or manufactured home
23    (i) "Managing agent" means any person or entity responsible
24for the operation, management, or maintenance of a mobile home
25park or manufactured home community.
26(Source: P.A. 96-1477, eff. 1-1-11.)



09800HB4123sam002- 4 -LRB098 15679 HEP 59763 a

1    (765 ILCS 745/6.5)
2    Sec. 6.5. Disclosure. A park owner must disclose in writing
3the following with every lease or sale and upon renewal of a
4lease of a mobile home or lot in a mobile home park or
5manufactured 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
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



09800HB4123sam002- 5 -LRB098 15679 HEP 59763 a

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
15once per year. The park owner must advise tenants who are
16renewing a lease of any changes in the disclosure from any
17prior disclosure. Within 20 days after the closing of a
18purchase and sale of a manufactured home community or mobile
19home park that results in a change in the owner, the purchaser
20or the representative of the purchaser must provide written
21notice to each homeowner of the new owner and either: (i) the
22name, address, and telephone number of the property manager or
23designated agent for the manufactured home community or mobile
24home park; or (ii) the address and telephone number of the
25legal entity that owns the manufactured home community or
26mobile home park if the manufactured home community or mobile



09800HB4123sam002- 6 -LRB098 15679 HEP 59763 a

1home park does not have a property manager or designated agent.
2The written notice may be provided by hand delivery to the
3resident's home, by United States mail or a recognized courier
4service, by posting in the office of the custodian of the park
5or in the clubhouse or other area of the park where park
6residents gather, or by posting on a community bulletin board.
7    The changes to this Section by this amendatory Act of the
898th General Assembly apply to disclosures made and changes of
9ownership 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.
13If a bankruptcy case is commenced by or against a park owner by
14the filing of a voluntary or involuntary petition under Title
1511 of the United States Code, if a receiver is appointed by a
16court of competent jurisdiction in a case filed by or against a
17park owner, or if a foreclosure proceeding is initiated against
18the park property by a creditor of the park owner, then: (i)
19the park owner shall provide written notice of the commencement
20of the bankruptcy or foreclosure to the tenant within 30 days
21of process having been properly served upon the park owner
22notifying the park owner of the commencement of the case or
23proceeding, or, with respect to a voluntary petition filed by
24the park owner under Title 11 of the United States Code, within
2530 days of the park owner's filing of the petition; and (ii)



09800HB4123sam002- 7 -LRB098 15679 HEP 59763 a

1the receiver shall notify all tenants of the park of its
2appointment in accordance with the provisions of subsection (f)
3of Section 15-1704 of the Code of Civil Procedure. The park
4owner shall cause the written notice from the park owner
5required by subclause (i) of the immediately preceding sentence
6to be served by delivering a copy to the known occupant or by
7leaving the notice with some person of the age of 13 years or
8upwards who is residing on or in the leased premises or who is
9in possession of the leased premises or by sending a copy of
10the notice to the known occupant by first-class mail addressed
11to 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;
15    (a) Any nonconformance with a statute, rule, or ordinance
16applicable to the mobile home park or manufactured home
17community constitutes a violation. The authority having
18jurisdiction shall identify violations in an inspection
19report. The inspection report shall be served upon the park
20owner or managing agent in person or by certified United States
21mail, return receipt requested, postage prepaid.
22    (b) The park owner or its managing agent shall post in a
23conspicuous place any inspection report received from the
24authority having jurisdiction regarding health and life safety
25violations as defined in rules promulgated by the Illinois



09800HB4123sam002- 8 -LRB098 15679 HEP 59763 a

1Department of Public Health. The inspection report shall be
2posted beginning the business day after the date by which the
3violation or violations must be corrected as set forth in the
4inspection report issued by the authority having jurisdiction.
5The 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,
18impair, or otherwise affect the authority of the authority
19having jurisdiction to charge violations under the Mobile Home
20Park Act or any other statute, rule, or ordinance applicable to
21the mobile home park or manufactured home community.
22    (d) Failure to comply with the requirements of this Section
23subjects the park owner or managing agent to a $250 penalty.
24The penalty shall be payable to the authority having
25jurisdiction which issued the inspection report citing



09800HB4123sam002- 9 -LRB098 15679 HEP 59763 a

1    (e) For purposes of enforcement of this Section, the
2Illinois Administrative Procedure Act is hereby expressly
3adopted. The authority having jurisdiction has authority to
4promulgate 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.
12    (765 ILCS 745/12)  (from Ch. 80, par. 212)
13    Sec. 12. Lease prohibitions. No lease hereafter executed or
14currently existing between a park owner and tenant in a mobile
15home park or manufactured home community in this State shall
16contain any provision:
17    (a) Permitting the park owner to charge a penalty fee for
18late payment of rent without allowing a tenant a minimum of 5
19days beyond the date the rent is due in which to remit such
21    (b) Permitting the park owner to charge an amount in excess
22of one month's rent as a security deposit;
23    (c) Requiring the tenant to pay any fees not specified in
24the lease;
25    (d) Permitting the park owner to transfer, or move, a



09800HB4123sam002- 10 -LRB098 15679 HEP 59763 a

1mobile home to a different lot, including a different lot in
2the same mobile home park or manufactured home community,
3during the term of the lease; .
4    (e) Waiving the homeowner's right to a trial by jury.
5    If one provision of a lease is invalid, that does not
6affect the validity of the remaining provisions of the lease.
7(Source: P.A. 85-607.)
8    (765 ILCS 745/18)  (from Ch. 80, par. 218)
9    Sec. 18. Security deposit; Interest.
10    (a) If the lease requires the tenant to provide any deposit
11with the park owner for the term of the lease, or any part
12thereof, said deposit shall be considered a Security Deposit.
13Security Deposits shall be returned in full to the tenant,
14provided that the tenant has paid all rent due in full for the
15term of the lease and has caused no actual damage to the
17    The park owner shall furnish the tenant, within 15 days
18after termination or expiration of the lease, an itemized list
19of the damages incurred upon the premises and the estimated
20cost for the repair of each item. The tenant's failure to
21object to the itemized list within 15 days shall constitute an
22agreement upon the amount of damages specified therein. The
23park owner's failure to furnish such itemized list of damages
24shall constitute an agreement that no damages have been
25incurred upon the premises and the entire security deposit



09800HB4123sam002- 11 -LRB098 15679 HEP 59763 a

1shall become immediately due and owing to the tenant.
2    The tenant's failure to furnish the park owner a forwarding
3address shall excuse the park owner from furnishing the list
4required by this Section.
5    (b) A park owner of any park regularly containing 25 or
6more mobile homes shall pay interest to the tenant, on any
7deposit held by the park owner, computed from the date of the
8deposit at a rate equal to the interest paid by the largest
9commercial bank, as measured by total assets, having its main
10banking premises in this State on minimum deposit passbook
11savings accounts as of December 31 of the preceding year on any
12such deposit held by the park owner for more than 6 months.
13However, in the event that any portion of the amount deposited
14is utilized during the period for which it is deposited in
15order to compensate the owner for non-payment of rent or to
16make a good faith reimbursement to the owner for damage caused
17by the tenant, the principal on which the interest accrues may
18be recomputed to reflect the reduction for the period
19commencing on the first day of the calendar month following the
21    The park owner shall, within 30 days after the end of each
2212-month period, pay to the tenant any interest owed under this
23Section in cash, provided, however, that the amount owed may be
24applied to rent due if the owner and tenant agree thereto.
25    A park owner who willfully fails or refuses to pay the
26interest required by this Act shall, upon a finding by a



09800HB4123sam002- 12 -LRB098 15679 HEP 59763 a

1circuit court that he willfully failed or refused to pay, be
2liable for an amount equal to the amount of the security
3deposit, together with court costs and a reasonable attorney's
5    (c) A park owner, as landlord, shall hold in trust all
6security deposits received from a tenant in one or more banks,
7savings banks, or credit unions, the accounts of which are
8insured by the Federal Deposit Insurance Corporation, the
9National Credit Union Administration Share Insurance Fund, or
10other applicable entity under law. A security deposit and the
11interest due under subsection (b) of this Section is the
12property of the tenant until the deposit is returned to the
13tenant or used to compensate, or applied to the tenant's
14obligations to, the park owner, as landlord, in accordance with
15the lease or applicable State and local law. The security
16deposit shall not be commingled with the assets of the park
17owner, and shall not be subject to the claims of any creditor
18of the park owner or any party claiming an interest in the
19deposit through the park owner, including a foreclosing
20mortgagee or trustee in bankruptcy; provided that this
21subsection does not prevent a foreclosing mortgagee, receiver,
22or trustee from taking over control of the applicable bank
23account holding the security deposits, which may include moving
24the security deposits to another bank account meeting the
25requirements of this Section, provided that the mortgagee,
26receiver, or trustee:



09800HB4123sam002- 13 -LRB098 15679 HEP 59763 a

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.
8(Source: P.A. 88-643, eff. 1-1-95.)".