Illinois General Assembly - Bill Status for HB4123

Replaces everything after the enacting clause. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that a written lease or month-to-month tenancy agreement is not terminated solely by the filing of a bankruptcy case or foreclosure or tax sale proceedings. Provides that the park owner must give written notice to current and prospective tenants of certain specified information. Provides notice requirements in the event of the commencement of a bankruptcy, receivership, or foreclosure relating to the park. Provides that a lease may not waive the tenant's right to a trial by jury. Provides that a park owner shall hold in trust all security deposits received from a tenant. Provides that a security deposit and the interest due thereon is the property of the tenant until the deposit is returned to the tenant or used to compensate the owner, shall not be commingled with the assets of the owner, and shall not be subject to the claims of any third party. Provides that the parties have the right to a trial by jury on any claims seeking damages and that the court shall award reasonable attorney's fees and costs to a prevailing tenant. Makes other changes.

Replaces everything after the enacting clause with the contents of House Amendment No. 1, and makes changes. Removes language providing that: (1) a written lease or month-to-month tenancy agreement is not terminated solely by the filing of a bankruptcy case or foreclosure or tax sale proceedings; (2) if a trustee in bankruptcy, receiver, or foreclosing mortgagee contends that rent should be paid by the tenant to the trustee, receiver, or foreclosing mortgagee rather than to the park owner, the trustee, receiver, or foreclosing mortgagee shall provide written notice to the tenant with clear payment instructions at least 15 days before any rent payment is due; and (3) the court shall award reasonable attorney's fees and costs to a prevailing tenant and the parties have the right to a trial by jury on any claims seeking damages. Deletes from the list of required disclosures: (1) if the community or park owner has business headquarters off-site from the manufactured home community or mobile home park, the name, address, and telephone number of the community or park owner's business headquarters; and (2) the nature of the park owner's affiliation, if any, with the seller of any manufactured home that the tenant is purchasing for use on the lot that the tenant is to lease or the entity that is financing the purchase of the home. Replaces provisions concerning: (1) notice of health violations; and (2) the management of security deposit funds.

Changes references to the owner of a manufactured home community or mobile home park to the legal entity that owns the manufactured home community or mobile home park. Changes the definition of "Department" to the Illinois Department of Public Health or a local department of public health in a home rule jurisdiction (instead of "the Illinois Department of Public Health or a local department of public health"). Provides that a lease provision waiving the homeowner's (instead of "tenant's") right to a trial by jury is prohibited. Provides that if one provision of a lease is invalid, that does not affect the validity of the remaining provisions of the lease. Provides that security deposit funds shall be held in one or more banks, savings banks, or credit unions, the accounts of which are insured by the Federal Deposit Insurance Corporation, the National Credit Union Administration Share Insurance Fund, or other applicable entity under law (instead of "one or more federally insured accounts in a bank, savings and loan association, or other financial institution").

Replaces everything after the enacting clause with the provisions of the engrossed bill and Senate Amendment No. 1, and makes the following changes: (1) defines "authority having jurisdiction" and "managing agent"; (2) provides additional requirements concerning the notice of bankruptcy or foreclosure proceeding; (3) replaces the provisions concerning the notice of health violations; and (4) makes corresponding changes.

Replaces language concerning enforcement of the Section concerning notices of health violations. Provides that for purposes of enforcement by the Illinois Department of Public Health, the Illinois Administrative Procedure Act is expressly adopted and grants the Department the authority to promulgate enforcement rules. Provides that for purposes of enforcement by any authority having jurisdiction other than the Illinois Department of Public Health, the authority having jurisdiction has the authority to adopt enforcement ordinances. Removes repetitive language.

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