Bill Status of SB2791  93rd General Assembly

Short Description:  MOBILE HOME-RENT CONTROL

Senate Sponsors
Sen. M. Maggie Crotty - Jacqueline Y. Collins - Christine Radogno, Debbie DeFrancesco Halvorson and Ray Soden

House Sponsors
(Rep. Robin Kelly - Ruth Munson - Elaine Nekritz - Lisa M. Dugan - David E. Miller, Ed Sullivan, Jr., Patrick Verschoore, Kathleen A. Ryg, Wyvetter H. Younge, Naomi D. Jakobsson, William Davis and Rosemary Mulligan)

Last Action
DateChamber Action
  10/8/2004SenatePublic Act . . . . . . . . . 93-1043

Statutes Amended In Order of Appearance
765 ILCS 745/9from Ch. 80, par. 209
765 ILCS 745/9.5 new


Synopsis As Introduced
Amends the Mobile Home Landlord and Tenant Rights Act. Provides that, in mobile home parks located in a county with a population of more than 3,000,000 or in a county with a population of more than 250,000 that is contiguous to a county with a population of more than 3,000,000: rent may not be increased by more than the consumer price index for a tenant who is between the ages of 65 and 69 and who is renting the same lot as the preceding year; and rent may not be increased for a tenant who is 70 years of age or older and who is renting the same lot as the preceding year. Provides for penalties for violation. Effective immediately.

Senate Committee Amendment No. 1
Deletes everything after the enacting clause. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that, except in a municipality with a population of greater than 2,000,000 people, rent in a mobile home park or manufactured home community for any tenant who is renting the same lot as the preceding year and who is at least 62 years of age or disabled may not be increased in any year by a percentage that exceeds the greater of the following: (i) the change in the consumer price index-u during the immediately preceding calendar year or (ii) 3%. Provides for penalties for violation.

Senate Committee Amendment No. 2
Adds reference to:
765 ILCS 745/9from Ch. 80, par. 209

Deletes everything after the enacting clause. Amends the Mobile Home Landlord and Tenant Rights Act. Makes a technical change in a Section concerning the terms of fees and rents.

Senate Floor Amendment No. 3
Adds reference to:
765 ILCS 745/6.5 new
765 ILCS 745/9from Ch. 80, par. 209
765 ILCS 745/20.5 new

Replaces everything after the enacting clause. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that a park owner must disclose in writing the following with every lease or sale and upon renewal of a lease of a mobile home or lot in a mobile home park: (1) the rent charged for the mobile home or lot in the past 5 years; (2) the park owner's responsibilities with respect to the mobile home or lot; (3) information regarding any fees in addition to the base rent; (4) information regarding late payments; (5) information regarding any privilege tax that is applicable; and (6) information regarding security deposits, including the right to the return of security deposits and interest under the Act. Provides that any person who pays anything of value toward the purchase of a mobile home or placement of a mobile home in a mobile home park located in this State in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the park owner or developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, shall have a cause of action to rescind the contract or collect damages from the developer, park owner, or mobile home dealer for her or his loss. Provides that every rental agreement under the Act imposes an obligation of good faith and fair dealings in its performance or enforcement. Provides that if the park owner increases the rent more than 15% of the previous lease amount and the tenant is over the age of 65 or disabled, then the landlord must give the tenant a written explanation justifying the rent increase.

Senate Floor Amendment No. 4
Deletes reference to:
765 ILCS 745/9
Adds reference to:
765 ILCS 745/6.5 new
765 ILCS 745/20.5 new

Replaces everything after the enacting clause. Amends the Mobile Home Landlord and Tenant Rights Act. Provides that a park owner must disclose in writing the following with every lease or sale and upon renewal of a lease of a mobile home or lot in a mobile home park: (1) the rent charged for the mobile home or lot in the past 5 years; (2) the park owner's responsibilities with respect to the mobile home or lot; (3) information regarding any fees in addition to the base rent; (4) information regarding late payments; (5) information regarding any privilege tax that is applicable; and (6) information regarding security deposits, including the right to the return of security deposits and interest under the Act. Provides that any person who pays anything of value toward the purchase of a mobile home or placement of a mobile home in a mobile home park located in this State in reasonable reliance upon any material statement or information that is false or misleading and published by or under authority from the park owner or developer in advertising and promotional materials, including, but not limited to, a prospectus, the items required as exhibits to a prospectus, brochures, and newspaper advertising, shall have a cause of action to rescind the contract or collect damages from the developer, park owner, or mobile home dealer for her or his loss.

Actions 
DateChamber Action
  2/5/2004SenateFiled with Secretary by Sen. M. Maggie Crotty
  2/5/2004SenateFirst Reading
  2/5/2004SenateReferred to Rules
  2/10/2004SenateAssigned to Judiciary
  2/11/2004SenateSenate Committee Amendment No. 1 Filed with Secretary by Sen. M. Maggie Crotty
  2/11/2004SenateSenate Committee Amendment No. 1 Referred to Rules
  2/18/2004SenateSenate Committee Amendment No. 1 Rules Refers to Judiciary
  2/19/2004SenateSenate Committee Amendment No. 1 Adopted
  2/19/2004SenateHeld in Judiciary
  2/24/2004SenateSenate Committee Amendment No. 2 Filed with Secretary by Sen. John J. Cullerton
  2/24/2004SenateSenate Committee Amendment No. 2 Referred to Rules
  2/25/2004SenateSenate Committee Amendment No. 2 Rules Refers to Judiciary
  2/26/2004SenateSenate Committee Amendment No. 2 Adopted
  2/26/2004SenateDo Pass as Amended Judiciary; 010-000-000
  2/26/2004SenatePlaced on Calendar Order of 2nd Reading March 2, 2004
  3/23/2004SenateAdded as Chief Co-Sponsor Sen. Jacqueline Y. Collins
  3/24/2004SenateSenate Floor Amendment No. 3 Filed with Secretary by Sen. M. Maggie Crotty
  3/24/2004SenateSenate Floor Amendment No. 3 Referred to Rules
  3/25/2004SenateSecond Reading
  3/25/2004SenatePlaced on Calendar Order of 3rd Reading March 26, 2004
  3/26/2004SenateThird Reading Deadline Extended - Rule 2-10(e), January 11, 2005.
  3/30/2004SenateSenate Floor Amendment No. 3 Rules Refers to Judiciary
  3/31/2004SenateSenate Floor Amendment No. 3 Be Adopted Judiciary; 006-001-003
  3/31/2004SenateAdded as Co-Sponsor Sen. Debbie DeFrancesco Halvorson
  4/16/2004SenateAdded as Chief Co-Sponsor Sen. Christine Radogno
  4/21/2004SenateSenate Floor Amendment No. 4 Filed with Secretary by Sen. M. Maggie Crotty
  4/21/2004SenateSenate Floor Amendment No. 4 Referred to Rules
  4/21/2004SenateSenate Floor Amendment No. 4 Rules Refers to Judiciary
  4/22/2004SenateSenate Floor Amendment No. 4 Postponed - Judiciary
  4/22/2004SenateAdded as Co-Sponsor Sen. Ray Soden
  4/28/2004SenateSenate Floor Amendment No. 4 Be Adopted Judiciary; 010-000-000
  4/29/2004SenateRecalled to Second Reading
  4/29/2004SenateSenate Floor Amendment No. 3 Adopted; Crotty
  4/29/2004SenateSenate Floor Amendment No. 4 Adopted; Crotty
  4/29/2004SenatePlaced on Calendar Order of 3rd Reading May 4, 2004
  5/20/2004SenateThird Reading - Passed; 050-004-000
  5/20/2004HouseArrived in House
  5/20/2004HouseChief House Sponsor Rep. Robin Kelly
  5/20/2004HouseAdded Alternate Chief Co-Sponsor Rep. Ruth Munson
  5/20/2004HouseAdded Alternate Chief Co-Sponsor Rep. Elaine Nekritz
  5/20/2004HouseAdded Alternate Chief Co-Sponsor Rep. Lisa M. Dugan
  5/20/2004HouseFirst Reading
  5/20/2004HouseReferred to Rules Committee
  7/8/2004HouseFinal Action Deadline Extended-9(b) July 15, 2004
  7/8/2004HouseAssigned to Executive Committee
  7/9/2004HouseAdded Alternate Chief Co-Sponsor Rep. David E. Miller
  7/9/2004HouseMotion to Suspend Rule 25 - Prevailed
  7/12/2004HouseDo Pass / Short Debate Executive Committee; 011-000-000
  7/12/2004HousePlaced on Calendar 2nd Reading - Short Debate
  7/14/2004HouseSecond Reading - Short Debate
  7/14/2004HousePlaced on Calendar Order of 3rd Reading - Short Debate
  7/15/2004HouseFinal Action Deadline Extended-9(b) JULY 31, 2004
  7/15/2004House3/5 Vote Required
  7/15/2004HouseThird Reading - Short Debate - Passed 089-000-000
  7/15/2004SenatePassed Both Houses
  7/15/2004HouseAdded Alternate Co-Sponsor Rep. Ed Sullivan, Jr.
  7/15/2004HouseAdded Alternate Co-Sponsor Rep. Patrick Verschoore
  7/15/2004HouseAdded Alternate Co-Sponsor Rep. Kathleen A. Ryg
  7/15/2004HouseAdded Alternate Co-Sponsor Rep. Wyvetter H. Younge
  7/15/2004HouseAdded Alternate Co-Sponsor Rep. Naomi D. Jakobsson
  7/15/2004HouseAdded Alternate Co-Sponsor Rep. William Davis
  7/15/2004HouseAdded Alternate Co-Sponsor Rep. Rosemary Mulligan
  8/13/2004SenateSent to the Governor
  10/8/2004SenateGovernor Approved
  10/8/2004SenateEffective Date June 1, 2005
  10/8/2004SenatePublic Act . . . . . . . . . 93-1043