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

SB1097sam001 102ND GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 2/22/2022

 

 


 

 


 
10200SB1097sam001LRB102 04921 LNS 36146 a

1
AMENDMENT TO SENATE BILL 1097

2    AMENDMENT NO. ______. Amend Senate Bill 1097 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mobile Home Landlord and Tenant Rights Act
5is amended by changing Sections 6.5, 9, and 12 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;

 

 

10200SB1097sam001- 2 -LRB102 04921 LNS 36146 a

1        (4) information regarding late payments;
2        (5) information regarding any privilege tax that is
3    applicable;
4        (6) information regarding security deposits, including
5    the right to the return of security deposits and interest
6    as provided in Section 18 of this Act;
7        (7) information on a 3-year rent increase projection
8    which includes the 2 years of the lease and the year
9    immediately following. The basis for such rent increases
10    may be a fixed amount, a "not to exceed" amount, a formula,
11    an applicable index, or a combination of these
12    methodologies as elected by the park owner. If a formula
13    is used, the formula shall include the total fixed amount
14    determined by the formula, and, if applicable, the "not to
15    exceed" amount, stated in a clear dollar amount. These
16    increases may be in addition to all the non-controllable
17    expenses including, but not limited to, property taxes,
18    government assessments, utilities, and insurance;
19        (8) the name, address, and telephone number of the
20    legal entity that owns the manufactured home community or
21    mobile home park, and either: (a) the name, address, and
22    telephone number of the property manager or designated
23    agent for the manufactured home community or mobile home
24    park, if applicable; or (b) the address and telephone
25    number of the legal entity that owns the manufactured home
26    community or mobile home park, if the manufactured home

 

 

10200SB1097sam001- 3 -LRB102 04921 LNS 36146 a

1    community or mobile home park does not have a property
2    manager or designated agent; and
3        (9) information contained in any inspection notice
4    required to be posted under subsection (b) of Section 6.7
5    of this Act; and
6        (10) information regarding the right to a trial by
7    jury.
8    The park owner must update the written disclosure at least
9once per year. The park owner must advise tenants who are
10renewing a lease of any changes in the disclosure from any
11prior disclosure. Within 20 days after the closing of a
12purchase and sale of a manufactured home community or mobile
13home park that results in a change in the owner, the purchaser
14or the representative of the purchaser must provide written
15notice to each homeowner of the new owner and either: (i) the
16name, address, and telephone number of the property manager or
17designated agent for the manufactured home community or mobile
18home park; or (ii) the address and telephone number of the
19legal entity that owns the manufactured home community or
20mobile home park if the manufactured home community or mobile
21home park does not have a property manager or designated
22agent. The written notice may be provided by hand delivery to
23the resident's home, by United States mail or a recognized
24courier service, by posting in the office of the custodian of
25the park or in the clubhouse or other area of the park where
26park residents gather, or by posting on a community bulletin

 

 

10200SB1097sam001- 4 -LRB102 04921 LNS 36146 a

1board.
2    The changes to this Section by this amendatory Act of the
398th General Assembly apply to disclosures made and changes of
4ownership that take place on or after January 1, 2015.
5(Source: P.A. 98-1062, eff. 1-1-15.)
 
6    (765 ILCS 745/9)  (from Ch. 80, par. 209)
7    Sec. 9. The Terms of Fees and Rents. The terms for payment
8of rent shall be clearly set forth and all charges for
9services, ground or lot rent, unit rent, or any other charges
10shall be specifically itemized in the lease and in all
11billings of the tenant by the park owner.
12    The owner shall not change the rental terms nor increase
13the cost of fees, except as provided herein.
14    The park owner shall not charge a transfer or selling fee
15as a condition of sale of a mobile home that is going to remain
16within the park unless a service is rendered.
17    Rents charged to a tenant by a park owner may be increased
18upon the renewal of a lease. Notification of an increase shall
19be delivered 90 days prior to expiration of the lease.
20    The park owner shall not charge or impose upon a tenant any
21fee or increase in rent which reflects the cost to the park
22owner of any fine, forfeiture, penalty, money damages, or fee
23assessed or awarded by a court of law against the park owner,
24including any attorney's fees and costs incurred by the park
25owner in connection therewith unless the fine, forfeiture,

 

 

10200SB1097sam001- 5 -LRB102 04921 LNS 36146 a

1penalty, money damages, or fee was incurred as a result of the
2tenant's actions.
3    The park owner shall not charge or impose upon a tenant a
4pet fee unless a service related to the pet is offered by the
5park owner and accepted by the tenant.
6(Source: P.A. 95-383, eff. 1-1-08.)
 
7    (765 ILCS 745/12)  (from Ch. 80, par. 212)
8    Sec. 12. Lease prohibitions. No lease hereafter executed
9or currently existing between a park owner and tenant in a
10mobile home park or manufactured home community in this State
11shall contain any provision:
12        (a) Permitting the park owner to charge a penalty fee
13    for late payment of rent without allowing a tenant a
14    minimum of 5 days beyond the date the rent is due in which
15    to remit such payment;
16        (b) Permitting the park owner to charge an amount in
17    excess of one month's rent as a security deposit;
18        (c) Requiring the tenant to pay any fees not specified
19    in the lease;
20        (d) Permitting the park owner to transfer, or move, a
21    mobile home to a different lot, including a different lot
22    in the same mobile home park or manufactured home
23    community, during the term of the lease;
24        (e) Waiving the homeowner's right to a trial by jury.
25    The right to a trial by jury shall be disclosed in a lease.

 

 

10200SB1097sam001- 6 -LRB102 04921 LNS 36146 a

1    If one provision of a lease is invalid, that does not
2affect the validity of the remaining provisions of the lease.
3(Source: P.A. 98-1062, eff. 1-1-15.)".