SB2791sam001 93RD GENERAL ASSEMBLY

M. Maggie Crotty

Filed: 2/11/2004

09300SB2791sam001 LRB093 14121 LCB 47436 a

AMENDMENT TO SENATE BILL 2791

AMENDMENT NO. ______. Amend Senate Bill 2791 by replacing everything after the enacting clause with the following:

"Section 5. The Mobile Home Landlord and Tenant Rights Act is amended by changing Section 9 and by adding Section 9.5 as follows:

(765 ILCS 745/9) (from Ch. 80, par. 209)

Sec. 9. The Terms of Fees and Rents. The terms for payment of rent shall be clearly set forth and all charges for services, ground or lot rent, unit rent, or any other charges shall be specifically itemized in the lease and in all billings of the tenant by the park owner.

The owner shall not change the rental terms nor increase the cost of fees, except as provided herein.

The park owner shall not charge a transfer or selling fee as a condition of sale of a mobile home that is going to remain within the park unless a service is rendered.

Rents charged to a tenant by a park owner may be increased upon the renewal of a lease. Notification of an increase shall be delivered 60 days prior to expiration of the lease.

Except in a municipality with a population greater than 2,000,000 people, the rent for a tenant who is at least 62 years of age or disabled at the time of renewal of a lease and who is renting the same lot that the tenant rented in the immediately preceding year 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%. "Consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84=100. If this index is no longer published, the Illinois Department of Labor shall adopt a comparable substitute index by rule for purposes of this Section.

(Source: P.A. 86-851.)

(765 ILCS 745/9.5 new)

Sec. 9.5. Penalties. Any park owner who increases the rent of a tenant who is at least 62 years of age or disabled in violation of Section 9 is guilty of a petty offense and shall be fined $500 for the first violation and $1,000 for a second or subsequent violation. The State's Attorney shall prosecute violations under this Section.".