HB3436 95TH GENERAL ASSEMBLY


 


 
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB3436

 

Introduced 2/27/2007, by Rep. Ruth Munson

 

SYNOPSIS AS INTRODUCED:
 
765 ILCS 745/8   from Ch. 80, par. 208
765 ILCS 745/8.5 new
765 ILCS 745/9   from Ch. 80, par. 209

    Amends the Mobile Home Landlord and Tenant Rights Act. Provides for automatic lease renewal for 2 years unless certain requirements are met, such as a 30-day notice and a notice of reasons for the non-renewal of the lease. Provides that the park owner is to give 12 months notice of closing all or part of the park. Provides for the park owner and tenant or tenant association to use a State certified general real estate appraiser, selected by the parties or the court, to prepare an appraisal to determine the appropriate amount for rent and fees. Provides that the appraisal is subject to court review. Makes other changes.


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A BILL FOR

 

HB3436 LRB095 04830 AJO 24890 b

1     AN ACT concerning property.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 5. The Mobile Home Landlord and Tenant Rights Act
5 is amended by changing Sections 8 and 9 and by adding Section
6 8.5 as follows:
 
7     (765 ILCS 745/8)  (from Ch. 80, par. 208)
8     Sec. 8. Renewal of Lease.
9     (a) At the expiration of a lease, including one that is a
10 renewal of a previous lease, the lease shall be renewed
11 automatically for a term of 2 years with the same terms as the
12 previous lease, unless:
13         (1) the tenant notifies the park owner 30 days prior to
14     the expiration of the lease that he or she does not intend
15     to renew the lease;
16         (2) the park owner notifies the tenant 30 days prior to
17     the expiration of the lease that the lease will not be
18     renewed and specifies in writing one or more of the
19     following reasons: violation of park rules; violation of
20     health and safety codes; or irregular or non-payment of
21     rent;
22         (3) the park owner seeks to change the terms of the
23     agreement pursuant to subsections (b), (c), and (d), in

 

 

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1     which case the procedures set forth in those subsections
2     shall apply; or
3         (4) the park owner elects to cease the operation of
4     either all or a portion of the mobile home park. The
5     tenants shall be entitled to at least 12 months notice of
6     the cessation of operations. If 12 months or more remain on
7     the existing lease at the time of notice, the tenant is
8     entitled to the balance of the term of his or her lease. If
9     there are less than 12 months remaining in the term of his
10     or her lease, the tenant is entitled to the balance of his
11     or her lease plus a written month-to-month tenancy, at the
12     expiring lease rate to provide him or her with a full 12
13     months notice.
14     (b) Six months prior to the expiration of the lease, the
15 park owner shall offer the tenant a renewal lease with a term
16 of at least 2 years with the proposed rental amount and any fee
17 or other lease changes for that term.
18     (c) If the tenant does not accept the new terms, the tenant
19 may initiate a binding appraisal process whereby a State
20 certified general real estate appraiser, licensed pursuant to
21 the Real Estate Licensing Act of 2002, agreed to by the tenant
22 and park owner shall determine the fair market value of the
23 rent and other fees over the next 2 years, based on the
24 existing leases of other tenants in the same mobile home park
25 and any discount that is necessary to reflect any future change
26 in land use that the park owner has announced. The amount

 

 

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1 determined by the appraiser, including any built-in increases,
2 shall be binding for the next 2 year period.
3     (d) A tenant whose existing lease does not comply with this
4 Act shall, as soon as practical, be offered a 2 year lease that
5 complies with this Act, effective on the termination of the
6 existing lease. If the tenant does not accept the terms of the
7 lease, the tenant may initiate a binding appraisal process,
8 whereby a State certified general real estate appraiser,
9 licensed pursuant to the Real Estate Licensing Act of 2002,
10 agreed to by the tenant and park owner shall determine the fair
11 market value of the rent and other fees over the next 2 years,
12 based on new leases of other tenants in the same mobile home
13 park and, if necessary, leases in comparable mobile home parks.
14     (e) All notices required under this Section shall be by
15 certified mail or personal service. Certified mail shall be
16 deemed to be effective upon the date of mailing.
17     (f) A tenant has 60 days from receipt of the renewal notice
18 to initiate the binding appraisal process. If the appraisal
19 process extends beyond the term of the original lease term, the
20 tenant shall be a hold-over on a month-to-month lease under the
21 terms of the original lease and the park owner shall be
22 prohibited from taking any action inconsistent with that
23 original lease. Every lease of a mobile home or lot in a mobile
24 home park shall contain an option which automatically renews
25 the lease; unless: (a) the tenant shall notify the owners 30
26 days prior to the expiration of the lease that he does not

 

 

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1 intend to renew the lease; or (b) the park owner shall notify
2 the tenant 30 days prior to the expiration of the lease that
3 the lease will not be renewed and specify in writing the
4 reasons, such as violations of park rules, health and safety
5 codes or irregular or non-payment of rent; or (c) the park
6 owner elects to cease the operation of either all or a portion
7 of the mobile home park. The tenants shall be entitled to at
8 least 12 months notice of such ceasing of operations. If 12
9 months or more remain on the existing lease at the time of
10 notice, the tenant is entitled to the balance of the term of
11 his lease. If there is less than 12 months remaining in the
12 term of his lease, the tenant is entitled to the balance of his
13 lease plus a written month to month tenancy, at the expiring
14 lease rate to provide him with a full 12 months notice.
15     All notices required under this Section shall be by
16 certified mail or personal service. Certified mail shall be
17 deemed to be effective upon the date of mailing.
18 (Source: P.A. 87-1078.)
 
19     (765 ILCS 745/8.5 new)
20     Sec. 8.5. Appraisals.
21     (a) If the tenant or tenant association and the park owner
22 fail to select an appraiser, pursuant to subsections (c) or (d)
23 of Section 8, the circuit court in the county where the park is
24 located, upon application of the park owner or tenant, shall
25 appoint the appraiser.

 

 

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1     (b) The appraiser's decision shall be a signed written
2 document, with copies provided to both the park owner and
3 tenant. The appraiser's decision shall equitably apportion
4 expenses and fees incurred in the preparation of the appraisal
5 between the park owner and tenant.
6     (c) The park owner and tenant have the right in the
7 appraisal procedure to be represented by attorneys, or in the
8 case of the tenant, by the tenant association.
9     (d) The park owner or tenant may seek court review of an
10 appraisal that was conducted pursuant to this Section. The
11 court may vacate or modify the appraiser's decision, establish
12 the fair market value of the land, or grant any such other
13 relief as the court deems just or appropriate.
 
14     (765 ILCS 745/9)  (from Ch. 80, par. 209)
15     Sec. 9. The Terms of Fees and Rents. The terms for payment
16 of rent shall be clearly set forth and all charges for
17 services, ground or lot rent, unit rent, or any other charges
18 shall be specifically itemized in the lease and in all billings
19 of the tenant by the park owner.
20     The owner shall not change the rental terms nor increase
21 the cost of fees, except as provided herein.
22     The park owner shall not charge a transfer or selling fee
23 as a condition of sale of a mobile home that is going to remain
24 within the park unless a service is rendered.
25     Rents charged to a tenant by a park owner may be increased

 

 

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1 upon the renewal of a lease. Notification of an increase shall
2 be delivered 60 days prior to expiration of the lease.
3 (Source: P.A. 86-851.)