Full Text of SB1097 102nd General Assembly
SB1097sam002 102ND GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 2/25/2022
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| 1 | | AMENDMENT TO SENATE BILL 1097
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1097, AS AMENDED, | 3 | | by replacing everything after the enacting clause with the | 4 | | following:
| 5 | | "Section 5. The Mobile Home Landlord and Tenant Rights Act | 6 | | is amended by changing Sections 6.5 and 9 as follows: | 7 | | (765 ILCS 745/6.5) | 8 | | Sec. 6.5. Disclosure. A park owner must disclose in | 9 | | writing the following with every lease or sale and upon | 10 | | renewal of a lease of a mobile home or lot in a mobile home | 11 | | park or manufactured home community: | 12 | | (1) the rent charged for the mobile home or lot in the | 13 | | past 5 years; | 14 | | (2) the park owner's responsibilities with respect to | 15 | | the mobile home or lot; | 16 | | (3) information regarding any fees imposed in addition |
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| 1 | | to the base rent; | 2 | | (4) information regarding late payments; | 3 | | (5) information regarding any privilege tax that is | 4 | | applicable; | 5 | | (6) information regarding security deposits, including | 6 | | the right to the return of security deposits and interest | 7 | | as provided in Section 18 of this Act;
| 8 | | (7) information on a 3-year rent increase projection | 9 | | which includes the 2 years of the lease and the year | 10 | | immediately following. The basis for such rent increases | 11 | | may be a fixed amount, a "not to exceed" amount, a formula, | 12 | | an applicable index, or a combination of these | 13 | | methodologies as elected by the park owner. If a formula | 14 | | is used, the formula shall include the total fixed amount | 15 | | determined by the formula, and, if applicable, the "not to | 16 | | exceed" amount. These increases may be in addition to all | 17 | | the non-controllable expenses including, but not limited | 18 | | to, property taxes, government assessments, utilities, and | 19 | | insurance; | 20 | | (8) the contact information name of the legal entity | 21 | | that owns the manufactured home community or mobile home | 22 | | park or, if applicable, the contact information , and | 23 | | either: (a) the name, address, and telephone number of the | 24 | | property manager or designated agent for the manufactured | 25 | | home community or mobile home park; or (b) the address and | 26 | | telephone number of the legal entity that owns the |
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| 1 | | manufactured home community or mobile home park, if the | 2 | | manufactured home community or mobile home park does not | 3 | | have a property manager or designated agent; and | 4 | | (9) information contained in any inspection notice | 5 | | required to be posted under subsection (b) of Section 6.7 | 6 | | of this Act ; and | 7 | | (10) information notifying a tenant that the tenant's | 8 | | right to trial by jury shall not be waived . | 9 | | The park owner must update the written disclosure at least | 10 | | once per year. The park owner must advise tenants who are | 11 | | renewing a lease of any changes in the disclosure from any | 12 | | prior disclosure. Within 20 days after the closing of a | 13 | | purchase and sale of a manufactured home community or mobile | 14 | | home park that results in a change in the owner, the purchaser | 15 | | or the representative of the purchaser must provide written | 16 | | notice to each homeowner of the new owner and either: (i) the | 17 | | name, address, and telephone number of the property manager or | 18 | | designated agent for the manufactured home community or mobile | 19 | | home park; or (ii) the address and telephone number of the | 20 | | legal entity that owns the manufactured home community or | 21 | | mobile home park if the manufactured home community or mobile | 22 | | home park does not have a property manager or designated | 23 | | agent. The written notice may be provided by hand delivery to | 24 | | the resident's home, by United States mail or a recognized | 25 | | courier service, by posting in the office of the custodian of | 26 | | the park or in the clubhouse or other area of the park where |
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| 1 | | park residents gather, or by posting on a community bulletin | 2 | | board.
| 3 | | The changes to this Section by this amendatory Act of the | 4 | | 98th General Assembly apply to disclosures made and changes of | 5 | | ownership that take place on or after January 1, 2015. | 6 | | The changes to this Section made by this amendatory Act of | 7 | | the 102nd General Assembly apply to disclosures made and | 8 | | changes of ownership that take place on or after January 1, | 9 | | 2023. | 10 | | (Source: P.A. 98-1062, eff. 1-1-15 .)
| 11 | | (765 ILCS 745/9) (from Ch. 80, par. 209)
| 12 | | Sec. 9. The Terms of Fees and Rents. The terms for payment | 13 | | of rent shall
be clearly set forth and all charges for | 14 | | services, ground or lot rent, unit
rent, or any other charges | 15 | | shall be specifically itemized in the lease and
in all | 16 | | billings of the tenant by the park owner.
| 17 | | The owner shall not change the rental terms nor increase | 18 | | the cost of fees,
except as provided herein.
| 19 | | The park owner shall not charge a transfer or selling fee | 20 | | as a condition
of sale of a mobile home that is going to remain | 21 | | within the park unless
a service is rendered.
| 22 | | Rents charged to a tenant by a park owner may be increased | 23 | | upon the
renewal of a lease. Notification of an increase shall | 24 | | be delivered 90 days
prior to expiration of the lease.
| 25 | | The park owner shall not charge or impose upon a tenant any |
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| 1 | | fee or increase in rent which reflects the cost to the park | 2 | | owner of any fine, forfeiture, penalty, money damages, or fee | 3 | | assessed or awarded by a court of law against the park owner, | 4 | | including any attorney's fees and costs incurred by the park | 5 | | owner in connection therewith unless the fine, forfeiture, | 6 | | penalty, money damages, or fee was incurred as a result of the | 7 | | tenant's actions. | 8 | | The park owner shall not charge or impose a pet fee upon a | 9 | | resident that owns the home, unless a service related to the | 10 | | pet is offered by the park owner and accepted by the resident. | 11 | | A tenant of a home owned by the park owner may be subject to | 12 | | the imposition of a pet fee as agreed to in the lease.
| 13 | | (Source: P.A. 95-383, eff. 1-1-08.)".
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