Illinois General Assembly - Full Text of SB1097
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Full Text of SB1097  102nd General Assembly



SB1097 EnrolledLRB102 04921 CPF 14940 b

1    AN ACT concerning regulation.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mobile Home Landlord and Tenant Rights Act
5is amended by changing Sections 6.5 and 9 as follows:
6    (765 ILCS 745/6.5)
7    Sec. 6.5. Disclosure. A park owner must disclose in
8writing the following with every lease or sale and upon
9renewal of a lease of a mobile home or lot in a mobile home
10park or manufactured home community:
11        (1) the rent charged for the mobile home or lot in the
12    past 5 years;
13        (2) the park owner's responsibilities with respect to
14    the mobile home or lot;
15        (3) information regarding any fees imposed in addition
16    to the base rent;
17        (4) information regarding late payments;
18        (5) information regarding any privilege tax that is
19    applicable;
20        (6) information regarding security deposits, including
21    the right to the return of security deposits and interest
22    as provided in Section 18 of this Act;
23        (7) information on a 3-year rent increase projection



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1    which includes the 2 years of the lease and the year
2    immediately following. The basis for such rent increases
3    may be a fixed amount, a "not to exceed" amount, a formula,
4    an applicable index, or a combination of these
5    methodologies as elected by the park owner. If a formula
6    is used, the formula shall include the total fixed amount
7    determined by the formula, and, if applicable, the "not to
8    exceed" amount. These increases may be in addition to all
9    the non-controllable expenses including, but not limited
10    to, property taxes, government assessments, utilities, and
11    insurance;
12        (8) the contact information name of the legal entity
13    that owns the manufactured home community or mobile home
14    park or, if applicable, the contact information , and
15    either: (a) the name, address, and telephone number of the
16    property manager or designated agent for the manufactured
17    home community or mobile home park; or (b) the address and
18    telephone number of the legal entity that owns the
19    manufactured home community or mobile home park, if the
20    manufactured home community or mobile home park does not
21    have a property manager or designated agent; and
22        (9) information contained in any inspection notice
23    required to be posted under subsection (b) of Section 6.7
24    of this Act; and
25        (10) information notifying a tenant that the tenant's
26    right to trial by jury shall not be waived.



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1    The park owner must update the written disclosure at least
2once per year. The park owner must advise tenants who are
3renewing a lease of any changes in the disclosure from any
4prior disclosure. Within 20 days after the closing of a
5purchase and sale of a manufactured home community or mobile
6home park that results in a change in the owner, the purchaser
7or the representative of the purchaser must provide written
8notice to each homeowner of the new owner and either: (i) the
9name, address, and telephone number of the property manager or
10designated agent for the manufactured home community or mobile
11home park; or (ii) the address and telephone number of the
12legal entity that owns the manufactured home community or
13mobile home park if the manufactured home community or mobile
14home park does not have a property manager or designated
15agent. The written notice may be provided by hand delivery to
16the resident's home, by United States mail or a recognized
17courier service, by posting in the office of the custodian of
18the park or in the clubhouse or other area of the park where
19park residents gather, or by posting on a community bulletin
21    The changes to this Section by this amendatory Act of the
2298th General Assembly apply to disclosures made and changes of
23ownership that take place on or after January 1, 2015.
24    The changes to this Section made by this amendatory Act of
25the 102nd General Assembly apply to disclosures made and
26changes of ownership that take place on or after January 1,



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2(Source: P.A. 98-1062, eff. 1-1-15.)
3    (765 ILCS 745/9)  (from Ch. 80, par. 209)
4    Sec. 9. The Terms of Fees and Rents. The terms for payment
5of rent shall be clearly set forth and all charges for
6services, ground or lot rent, unit rent, or any other charges
7shall be specifically itemized in the lease and in all
8billings of the tenant by the park owner.
9    The owner shall not change the rental terms nor increase
10the cost of fees, except as provided herein.
11    The park owner shall not charge a transfer or selling fee
12as a condition of sale of a mobile home that is going to remain
13within the park unless a service is rendered.
14    Rents charged to a tenant by a park owner may be increased
15upon the renewal of a lease. Notification of an increase shall
16be delivered 90 days prior to expiration of the lease.
17    The park owner shall not charge or impose upon a tenant any
18fee or increase in rent which reflects the cost to the park
19owner of any fine, forfeiture, penalty, money damages, or fee
20assessed or awarded by a court of law against the park owner,
21including any attorney's fees and costs incurred by the park
22owner in connection therewith unless the fine, forfeiture,
23penalty, money damages, or fee was incurred as a result of the
24tenant's actions.
25    The park owner shall not charge or impose a pet fee upon a



SB1097 Enrolled- 5 -LRB102 04921 CPF 14940 b

1resident that owns the home, unless a service related to the
2pet is offered by the park owner and accepted by the resident.
3A tenant of a home owned by the park owner may be subject to
4the imposition of a pet fee as agreed to in the lease.
5(Source: P.A. 95-383, eff. 1-1-08.)