Full Text of SB1996 97th General Assembly
SB1996sam001 97TH GENERAL ASSEMBLY | Sen. Michael Noland Filed: 3/11/2011
| | 09700SB1996sam001 | | LRB097 10234 AJO 52368 a |
|
| 1 | | AMENDMENT TO SENATE BILL 1996
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1996 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mobile Home Landlord and Tenant Rights Act | 5 | | is amended by changing Sections 3 and 6.5 and by adding | 6 | | Sections 8.6, 8.7, 8.8, and 8.9 as follows:
| 7 | | (765 ILCS 745/3) (from Ch. 80, par. 203)
| 8 | | Sec. 3. Definitions. Unless otherwise expressly defined, | 9 | | all terms in
this Act shall be construed to have their | 10 | | ordinarily accepted meanings or
such meaning as the context | 11 | | therein requires.
| 12 | | (a) "Person" means any legal entity, including but not | 13 | | limited to, an
individual, firm, partnership, association, | 14 | | trust, joint stock company,
corporation or successor of any of | 15 | | the foregoing.
| 16 | | (b) "Manufactured home" means a factory-assembled, |
| | | 09700SB1996sam001 | - 2 - | LRB097 10234 AJO 52368 a |
|
| 1 | | completely integrated structure designed for permanent | 2 | | habitation, with a permanent chassis, and so constructed as to | 3 | | permit its transport, on wheels temporarily or permanently | 4 | | attached to its frame, and is a movable or portable unit that | 5 | | is (i) 8 body feet or more in width, (ii) 40 body feet or more | 6 | | in length, and (iii) 320 or more square feet, constructed to be | 7 | | towed on its own chassis (comprised of frame and wheels) from | 8 | | the place of its construction to the location, or subsequent | 9 | | locations, at which it is installed and set up according to the | 10 | | manufacturer's instructions and connected to utilities for | 11 | | year-round occupancy for use as a permanent habitation, and | 12 | | designed and situated so as to permit its occupancy as a | 13 | | dwelling place for one or more persons. The term shall include | 14 | | units containing parts that may be folded, collapsed, or | 15 | | telescoped when being towed and that may be expected to provide | 16 | | additional cubic capacity, and that are designed to be joined | 17 | | into one integral unit capable of being separated again into | 18 | | the components for repeated towing. The term excludes campers | 19 | | and recreational vehicles.
| 20 | | (c) "Mobile Home Park" or "Park" means a tract of land or 2 | 21 | | contiguous tracts of land that contain sites with the necessary | 22 | | utilities for 5 or more mobile homes or manufactured homes. A | 23 | | mobile home park may be operated either free of charge or for | 24 | | revenue purposes.
| 25 | | (d) "Park Owner" means the owner of a mobile home park and | 26 | | any person
authorized to exercise any aspect of the management |
| | | 09700SB1996sam001 | - 3 - | LRB097 10234 AJO 52368 a |
|
| 1 | | of the premises, including
any person who directly or | 2 | | indirectly receives rents and has no obligation
to deliver the | 3 | | whole of such receipts to another person.
| 4 | | (e) "Tenant" means any person who occupies a mobile home | 5 | | rental unit for
dwelling purposes or a lot on which he parks a | 6 | | mobile home for an agreed
upon consideration.
| 7 | | (f) "Rent" means any money or other consideration given for | 8 | | the right
of use, possession and occupancy of property, be it a | 9 | | lot, a mobile home, or both.
| 10 | | (g) "Master antenna television service" means any and all | 11 | | services
provided by or through the facilities of any closed | 12 | | circuit coaxial cable
communication system, or any microwave or | 13 | | similar transmission services
other than a community antenna | 14 | | television system as defined in Section
11-42-11 of the | 15 | | Illinois Municipal Code.
| 16 | | (h) "Mobile home owner" means the owner of a mobile home. | 17 | | (i) "Displaced mobile home owner" means the owner of a | 18 | | mobile home which is located on a site in a mobile home park | 19 | | that is ceasing operation as described in Section 8.6. | 20 | | (Source: P.A. 96-1477, eff. 1-1-11.)
| 21 | | (765 ILCS 745/6.5) | 22 | | Sec. 6.5. Disclosure. A park owner must disclose in writing | 23 | | the following with every lease or sale and upon renewal of a | 24 | | lease of a mobile home or lot in a mobile home park: | 25 | | (1) the rent charged for the mobile home or lot in the |
| | | 09700SB1996sam001 | - 4 - | LRB097 10234 AJO 52368 a |
|
| 1 | | past 5 years; | 2 | | (2) the park owner's responsibilities with respect to | 3 | | the mobile home or lot; | 4 | | (3) information regarding any fees imposed in addition | 5 | | to the base rent; | 6 | | (4) information regarding late payments; | 7 | | (5) information regarding any privilege tax that is | 8 | | applicable; | 9 | | (6) information regarding security deposits, including | 10 | | the right to the return of security deposits and interest | 11 | | as provided in Section 18 of this Act; and
| 12 | | (7) information on a 3-year rent increase projection | 13 | | which includes the 2 years of the lease and the year | 14 | | immediately following. The basis for such rent increases | 15 | | may be a fixed amount, a "not to exceed" amount, a formula, | 16 | | an applicable index, or a combination of these | 17 | | methodologies as elected by the park owner. These increases | 18 | | may be in addition to all the non-controllable expenses | 19 | | including, but not limited to, property taxes, government | 20 | | assessments, utilities, and insurance ; and | 21 | | (8) information regarding the Mobile Home Owner Trust | 22 | | Fund . | 23 | | The park owner must update the written disclosure at least | 24 | | once per year. The park owner must advise tenants who are | 25 | | renewing a lease of any changes in the disclosure from any | 26 | | prior disclosure.
|
| | | 09700SB1996sam001 | - 5 - | LRB097 10234 AJO 52368 a |
|
| 1 | | (Source: P.A. 95-383, eff. 1-1-08.) | 2 | | (765 ILCS 745/8.6 new) | 3 | | Sec. 8.6. Cessation of park operation. | 4 | | (a) The owner of a mobile home park that is ceasing | 5 | | operation must pay to a displaced mobile home owner the | 6 | | relocation costs to relocate the mobile home or the appraised | 7 | | value of the mobile home. Relocation costs shall include the | 8 | | costs of disconnecting and moving the home to a different park | 9 | | or other location selected by the displaced mobile home owner | 10 | | within a 100 mile radius of the park, reconnecting the home | 11 | | with all hook-ups so that it is substantially in the same | 12 | | condition as before the move, with any required and comparable | 13 | | appurtenances, and the reasonable costs of suitable lodging | 14 | | until the move and installation are completed. | 15 | | (b) The appraised value of the mobile home shall be the | 16 | | fair market value of the home and any existing appurtenances | 17 | | but excluding the value of the underlying land, determined by | 18 | | an independent appraiser agreed to by the park owner and the | 19 | | displaced mobile home owner. In making the determination, the | 20 | | appraiser shall assess the fair market value based on the price | 21 | | that a willing and able buyer intending to reside in the home | 22 | | would pay for the home and any existing appurtenances, but | 23 | | excluding the value of the underlying land, and shall assume | 24 | | that the home is and will continue to be located on a lot which | 25 | | is leased in a duly licensed mobile home park, with all |
| | | 09700SB1996sam001 | - 6 - | LRB097 10234 AJO 52368 a |
|
| 1 | | hook-ups and existing appurtenances in place for use and | 2 | | occupancy by the resident. | 3 | | (c) A displaced mobile home owner shall not be entitled to | 4 | | compensation when: | 5 | | (1) the park owner moves the mobile home to another | 6 | | space in the mobile home park or to another mobile home | 7 | | park at the park owner's expense; | 8 | | (2) the displaced mobile home owner is vacating the | 9 | | premises and has informed the park owner or manager before | 10 | | notice of the change in use has been given; or | 11 | | (3) the displaced mobile home owner or the person | 12 | | residing in the mobile home has a pending eviction action | 13 | | for non-payment of lot rent amount against him or her prior | 14 | | to the mailing date of the notice of an application for a | 15 | | change in zoning of the mobile home park provided that, if | 16 | | a judgment for possession of the premises is not entered in | 17 | | favor of the park owner, this exception shall not apply. | 18 | | (d) Payment of the appraised value or of the estimated | 19 | | relocation costs, as the case may be, shall be made to the | 20 | | displaced mobile home owner no later than the departure of the | 21 | | displaced mobile home owner from the park, with adjustments | 22 | | made for the total actual relocation costs upon completion of | 23 | | the relocation. | 24 | | (e) The owner of a mobile home park shall notify in writing | 25 | | each tenant and, if a home owners association has been | 26 | | established, the directors of the association, of any |
| | | 09700SB1996sam001 | - 7 - | LRB097 10234 AJO 52368 a |
|
| 1 | | application for a change in zoning of the mobile home park | 2 | | within 5 days after the filing for such a zoning change with | 3 | | the zoning authority. The tenants are entitled to all rights | 4 | | under State and local zoning laws and regulations that are | 5 | | extended to owners of land that abuts the real estate parcel | 6 | | that makes up the mobile home park. | 7 | | (f) The closure statement in the park closure notice | 8 | | required by Section 8.5 must include the following language in | 9 | | a font no smaller than 14, "YOU MAY BE ENTITLED TO COMPENSATION | 10 | | FROM THE ILLINOIS MOBILE HOME RELOCATION TRUST ADMINISTERED BY | 11 | | THE DEPARTMENT OF PUBLIC HEALTH." | 12 | | (765 ILCS 745/8.7 new) | 13 | | Sec. 8.7. Illinois Mobile Home Relocation Trust Fund. | 14 | | (a) The Illinois Mobile Home Relocation Trust Fund is | 15 | | established and the Department of Public Health shall | 16 | | exclusively use the Fund to provide assistance for the | 17 | | relocation of displaced mobile home owners. All interest earned | 18 | | from the investment or deposit of moneys in the Trust Fund must | 19 | | be deposited into the Trust Fund. | 20 | | (b) Moneys in the Trust Fund may be used only: | 21 | | (1) to pay the administrative costs of the Fund; and | 22 | | (2) to carry out the objectives of assisting displaced | 23 | | mobile home owners when the park owner intends to change | 24 | | the use of all or part of the land on which the mobile home | 25 | | park is located. |
| | | 09700SB1996sam001 | - 8 - | LRB097 10234 AJO 52368 a |
|
| 1 | | (c) After notifying the tenants in a park owner's mobile | 2 | | home park that the park owner intends to change the land use or | 3 | | to convert the park pursuant to Section 8.5, if the park owner | 4 | | does not change the land use or convert the park within 3 years | 5 | | after the date of the notification, or if the Department finds | 6 | | there is prima facie evidence that the owner did not intend in | 7 | | good faith to change the land use, the park owner shall within | 8 | | 30 days of the date that the Department provides written notice | 9 | | to the park owner of the prima facie evidence determination, | 10 | | reimburse the Mobile Home Relocation Trust Fund for whatever | 11 | | moneys the Department has expended from the Trust Fund with | 12 | | respect to that mobile home park, along with an amount that is | 13 | | equal to two times the amount of the interest allowed on a | 14 | | judgment that would have been earned on the moneys expended in | 15 | | the period between the time that the moneys were expended from | 16 | | the Trust Fund until the amount is reimbursed. The date of the | 17 | | mailing of the notice of the prima facie evidence determination | 18 | | by the Department is deemed to be the date that a park owner is | 19 | | notified about reimbursing the Mobile Home Relocation Trust | 20 | | Fund. However, if the park owner, with due diligence, has not | 21 | | been able to complete the change-in-use process within 3 years, | 22 | | the Department may grant a reasonable extension to the park | 23 | | owner to complete the process. | 24 | | (d) The cap on the Trust Fund is $10 million. The cap may | 25 | | be adjusted, eliminated, or reinstated by the Department. | 26 | | (e) If the Trust Fund ceases to exist, the moneys in the |
| | | 09700SB1996sam001 | - 9 - | LRB097 10234 AJO 52368 a |
|
| 1 | | fund held at the time of dissolution must be liquidated by | 2 | | paying the total amount of the Fund, on a per capita basis, to | 3 | | the each tenant of a rented lot in a mobile home community in | 4 | | Illinois who has occupied the lot for at least the 12 months | 5 | | immediately prior to the time of the dissolution. | 6 | | (f) Monthly fee. | 7 | | (1) The Department shall set a $1 monthly fee for | 8 | | deposit in the Trust Fund for each rented lot in a mobile | 9 | | home park. The Department may adjust, eliminate, or | 10 | | reinstate the assessment, and shall notify park owners and | 11 | | tenants of each adjustment, elimination, or reinstatement | 12 | | pursuant to regulations. If the Department adjusts the | 13 | | amount of the assessment upward, it may not exceed $3 per | 14 | | month. | 15 | | (2) The park owner shall collect the tenant's portion | 16 | | of the fee on a monthly basis as additional rent. The park | 17 | | owner shall remit to the Trust Fund the tenant's fee on a | 18 | | quarterly basis. The park owner is responsible for | 19 | | safeguarding all assessments it collects. The Department | 20 | | may place a lien against the property of any park owner who | 21 | | is required to pay the assessment to the Trust Fund, but | 22 | | fails to do so. A fee is not due or collectable for a | 23 | | vacant lot. | 24 | | (3) If a lot is rented for any portion of a month, the | 25 | | full monthly assessment must be paid to the Trust Fund. | 26 | | (4) If a lease contains a capping provision which |
| | | 09700SB1996sam001 | - 10 - | LRB097 10234 AJO 52368 a |
|
| 1 | | limits the amount by which rent may be increased, the Trust | 2 | | Fund assessment is deemed not to be rent for purposes of | 3 | | rent increases. | 4 | | (g) The Trust Fund must be audited annually. If the State | 5 | | Auditor performs the audit, the Trust Fund shall pay to the | 6 | | State from the Trust Fund the cost of the audit. The completed | 7 | | audit must be made available to the public by placing it on a | 8 | | website, by offering it as a hard copy for a fee which reflects | 9 | | reasonable reproduction cost, or in some other manner | 10 | | determined by the Department. | 11 | | (h) The Department shall make available to the public, at | 12 | | least on a quarterly basis, the amount of the payment from the | 13 | | Trust Fund made to each displaced mobile home owner, along with | 14 | | a description of the property related to the payment and the | 15 | | reason for the payment. | 16 | | (765 ILCS 745/8.8 new) | 17 | | Sec. 8.8. Relocation expense payments. | 18 | | (a) In addition to the relocation payment from the park | 19 | | owner required by Section 8.6, if a park owner elects to cease | 20 | | the operation of either all or a portion of the mobile home | 21 | | park, each displaced mobile home owner as defined in Section 3 | 22 | | who is required to relocate and who complies with the | 23 | | requirements of this Act, is entitled to payment from the Trust | 24 | | Fund. The park owner, at the displaced mobile home owner's | 25 | | election, shall pay either one-half of the displaced mobile |
| | | 09700SB1996sam001 | - 11 - | LRB097 10234 AJO 52368 a |
|
| 1 | | home owner's actual relocation costs or one-half the appraised | 2 | | value of the mobile home, as those terms are defined by | 3 | | subsections (b) and (c) to the Trust Fund. | 4 | | (b) In lieu of collecting payment from the Trust Fund | 5 | | pursuant to subsection (a), a displaced mobile home owner may | 6 | | abandon the mobile home in the mobile home park and collect | 7 | | from the Trust Fund no less than $3,500 for a single-section | 8 | | home or $7,500 for a multi-section home, as long as the | 9 | | displaced mobile home owner delivers to the Department a | 10 | | current State of Illinois title to the mobile home duly | 11 | | endorsed by the owner or owners of record, valid releases of | 12 | | all liens shown on the title, and a tax release. The park owner | 13 | | shall pay $3,500 for a single-section and $7,500 for a | 14 | | multi-section to the Trust Fund that is abandoned pursuant to | 15 | | this subsection. | 16 | | (c) The figures for single-section and multi-section | 17 | | mobile homes shall be adjusted every 3 years, beginning on | 18 | | January 1, 2013, by the percentage change since the figure was | 19 | | last set or adjusted in the Consumer Price Index for All Urban | 20 | | Consumers for all items published by the United States | 21 | | Department of Labor. | 22 | | (d) Except as provided for abandonment in subsection (b), | 23 | | in order to obtain payment from the Trust Fund for the | 24 | | relocation of a mobile home, a displaced mobile home owner must | 25 | | submit to the Department, with a copy to the park owner, an | 26 | | application for payment which includes: |
| | | 09700SB1996sam001 | - 12 - | LRB097 10234 AJO 52368 a |
|
| 1 | | (1) a copy of the park closure notice as required by | 2 | | Section 8.5; and | 3 | | (2) a contract with a licensed moving and installer | 4 | | contractor for the moving expenses for the mobile home. | 5 | | (e) The Department shall approve or reject payment to a | 6 | | moving or towing contractor within 30 days after receipt of the | 7 | | information required by this Section, and forward a copy of the | 8 | | approval or rejection to the displaced mobile home owner, with | 9 | | a voucher for payment if payment is approved. | 10 | | (765 ILCS 745/8.9 new) | 11 | | Sec. 8.9. Payment of funds to homeowners. | 12 | | (a) When a payment from the Trust Fund to a displaced | 13 | | mobile home owner is authorized by the Department, the | 14 | | Department shall issue a check in a designated amount to the | 15 | | named displaced mobile home owner. | 16 | | (b) If the Trust Fund does not have sufficient moneys to | 17 | | make a payment to a displaced mobile home owner pursuant to | 18 | | this Section, the Department shall issue a written promissory | 19 | | note to the displaced mobile home owner for funds due and | 20 | | owing. A promissory note may be redeemed in order of issuance | 21 | | of the notes as additional moneys come into the Trust Fund. | 22 | | (c) It is a Class A misdemeanor for a displaced mobile home | 23 | | owner or his or her agent to file any notice, statement, or | 24 | | other document required under this Act which is false or | 25 | | contains a material misstatement of fact.
|
| | | 09700SB1996sam001 | - 13 - | LRB097 10234 AJO 52368 a |
|
| 1 | | Section 97. Severability. The provisions of this Act are | 2 | | severable under Section 1.31 of the Statute on Statutes.".
|
|