Illinois General Assembly - Full Text of HJR0042
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Full Text of HJR0042  93rd General Assembly

HJR0042 93rd General Assembly


093_HJ0042

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 1                       HOUSE JOINT RESOLUTION

 2        WHEREAS, Manufactured homes, frequently known  as  mobile
 3    homes,  are a major source of housing for older Americans; in
 4    2001, it was estimated that there were  7.2  million  housing
 5    units  occupied  year  round  as  a  primary  residence; this
 6    represents 7% of the nation's occupied housing; and

 7        WHEREAS, Illinois has  approximately  2,000  manufactured
 8    home  communities  that  house over 300,000 residents; of the
 9    300,000 residents in Illinois approximately 50%  are  in  the
10    age group of 55 and older; and

11        WHEREAS,  Unlike  conventional standard housing, which is
12    permanently affixed  to  the  land  on  which  it  is  built,
13    manufactured housing does not require a permanent foundation;
14    manufactured  housing  ownership  does  not necessarily imply
15    ownership on the land; and

16        WHEREAS, Most homes are in land-leased  communities,  and
17    there  are advantages and disadvantages that come with owning
18    a home but not the land on which it is located; one advantage
19    is that low and moderate income households who cannot  afford
20    to  acquire  land, especially in high cost markets, can still
21    buy and build equity in a  home;  disadvantages  include  the
22    cost  and  risk of moving a manufactured home from one rental
23    community  to  another,  making  moving  difficult;  such   a
24    situation  allows for community operators to adopt exploitive
25    rules and practices that are largely unfamiliar to  residents
26    of conventional rental housing; and

27        WHEREAS,  Because  of  the  dual  ownership  between  the
28    homeowner  and  the  landowner,  traditional laws relating to
29    home ownership or apartment rental are inadequate to meet the
30    unique  needs  of  manufactured  home  rental;  homeownership
31    implies a number of legal rights relating to home equity  and
32    full  use  and enjoyment of the home; and because the land is
 
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 1    owned by another entity, the community landlord can make full
 2    use of the unit extremely difficult; and

 3        WHEREAS, In Illinois, there is  not  a  law  requiring  a
 4    written  lease for property; the landlord is only required to
 5    make the offer  of  a  written  lease;  many  communities  in
 6    Illinois  are  on verbal leases, while other communities have
 7    more than one lease in effect; the majority  of  leases  that
 8    are  written  consist  only of the rental cost to live in the
 9    community for the first year  and  the  requirements  of  the
10    homeowner in the form of rules and regulations, many of which
11    are  unreasonable;  the  landlord  may make any change to the
12    lease provided he or she gives the tenant a  30  day  written
13    notice; and

14        WHEREAS, Under current law, a landlord may sell or change
15    the  land to another usage with only a 12 month notice to the
16    homeowner;  when  this  happens  a  community  is  destroyed,
17    homeowners are evicted en masse, and neighbors are dispersed;
18    with the high cost of moving  the  manufactured  homes,  many
19    owners  are  forced  to  abandon  their  homes and lose their
20    carefully accrued equity; and many residents are elderly  and
21    not   prepared   or  able  to  find  other  housing  options;
22    therefore, be it

23        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
24    NINETY-THIRD  GENERAL  ASSEMBLY OF THE STATE OF ILLINOIS, THE
25    SENATE CONCURRING HEREIN, that there is created a Joint  Task
26    Force  on  Illinois  Mobile  Home  Owners  for the purpose of
27    examining their special needs and making  recommendations  to
28    the General Assembly concerning those needs as they relate to
29    manufactured  home communities and the rights of manufactured
30    home owners; and be it further

31        RESOLVED, That the Joint Task Force  on  Illinois  Mobile
32    Home  Owners  shall  consist  of the following members: (i) 2
 
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 1    co-chairpersons who are members of the General Assembly,  one
 2    of  whom  is appointed by the Speaker of the House and one of
 3    whom is appointed by the President of the Senate; and (ii)  2
 4    spokespersons who are members of the General Assembly, one of
 5    whom is appointed by the Minority Leader of the House and one
 6    of  whom  is  appointed by the Minority Leader of the Senate;
 7    and (iii) one member from the Mobile  Homeowners  Association
 8    of   Illinois;   and   (iv)  one  member  from  the  Illinois
 9    Manufactured Housing Association; and (v) one member from the
10    Illinois Housing Institute;  and  (vi)  the  Speaker  of  the
11    House,  the  President  of the Senate, the Minority Leader of
12    the House, and the Minority Leader of  the  Senate  may  each
13    appoint one additional member; and be it further

14        RESOLVED,  That  the  members  shall serve on a voluntary
15    basis and shall be responsible for any costs associated  with
16    their  participation  in  the  Joint  Task  Force;  and be it
17    further

18        RESOLVED, That all members of the Joint Task Force  shall
19    be considered to be members with voting rights, that a quorum
20    of the Joint Task Force shall consist of a simple majority of
21    the members of the Joint Task Force, and that all actions and
22    recommendations  of  the  Joint  Task  Force be approved by a
23    simple majority of the members of the Joint Task  Force;  and
24    be it further

25        RESOLVED,  That  the  Joint Task Force on Illinois Mobile
26    Home Owners shall meet at the call of  the  chairpersons  and
27    shall  summarize its findings and recommendations in a report
28    to the General Assembly no later than February 28, 2004.