HB4248 102ND GENERAL ASSEMBLY

LRB102 21012 LNS 29933 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4248

Introduced 1/5/2022, by Rep. David Friess

SYNOPSIS AS INTRODUCED:

765 ILCS 745/24

from Ch. 80, par. 224

Amends the Mobile Home Landlord and Tenant Rights Act. Provides that a purchaser of a mobile home must obtain a written and signed lease from the park owner unless the purchaser elects to remove the mobile home from the mobile home park. Effective immediately.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mobile Home Landlord and Tenant Rights Act is amended by changing Section 24 as follows:

(765 ILCS 745/24) (from Ch. 80, par. 224)

Sec. 24. Sale of Mobile Home. The park owner shall be enjoined and restrained from prohibiting, limiting, restricting, obstructing, or in any manner interfering with the freedom of any mobile home owner to:

(a) Sell the his mobile home to a purchaser of the mobile home owner's his choice, provided that the park owner shall be allowed to promulgate any general qualifications or lawful restrictions on park residents which limit or define the admission of entrants to the park. The purchaser, prior to closing, must obtain a written and signed lease unless the purchaser elects to remove the mobile home from the mobile home park;

(b) Employ or secure the services of an independent salesperson in connection with the sale of said mobile home, providing that said salesperson collects and remits all governmental taxes.

The park owner is prohibited from imposing any fee, charge, or commission for the sale of a mobile home, except when a mobile home owner requests the park owner or his agent of the park owner to assist in securing a purchaser for the his mobile home. A commission may be accepted for such service subject only to the following conditions:

(1) That the exact amount of commission or fee shall be a percentage of the actual sales price of the mobile home; and

(2) That the maximum percentage figure for the services in the resale of the mobile home by the park owner or his agent of the park owner shall be set forth in writing prior to the sale.

The park owner is prohibited from requiring, upon the sale by a tenant of a mobile home to a qualified purchaser, the removal from the park of such mobile home unless the mobile home is less than 12 feet wide or is significantly deteriorated and in substantial disrepair, in which case the park owner shall bear the burden of demonstrating such fact and must, prior to sale, have given the tenant written notice thereof, and that unless first corrected, removal will be required upon sale.

(Source: P.A. 85-998.)

Section 99. Effective date. This Act takes effect upon becoming law.