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

SB1097sam002 102ND GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 2/25/2022

 

 


 

 


 
10200SB1097sam002LRB102 04921 LNS 36992 a

1
AMENDMENT TO SENATE BILL 1097

2    AMENDMENT NO. ______. Amend Senate Bill 1097, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Mobile Home Landlord and Tenant Rights Act
6is 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
9writing the following with every lease or sale and upon
10renewal of a lease of a mobile home or lot in a mobile home
11park 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

 

 

10200SB1097sam002- 2 -LRB102 04921 LNS 36992 a

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

 

 

10200SB1097sam002- 3 -LRB102 04921 LNS 36992 a

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
10once per year. The park owner must advise tenants who are
11renewing a lease of any changes in the disclosure from any
12prior disclosure. Within 20 days after the closing of a
13purchase and sale of a manufactured home community or mobile
14home park that results in a change in the owner, the purchaser
15or the representative of the purchaser must provide written
16notice to each homeowner of the new owner and either: (i) the
17name, address, and telephone number of the property manager or
18designated agent for the manufactured home community or mobile
19home park; or (ii) the address and telephone number of the
20legal entity that owns the manufactured home community or
21mobile home park if the manufactured home community or mobile
22home park does not have a property manager or designated
23agent. The written notice may be provided by hand delivery to
24the resident's home, by United States mail or a recognized
25courier service, by posting in the office of the custodian of
26the park or in the clubhouse or other area of the park where

 

 

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1park residents gather, or by posting on a community bulletin
2board.
3    The changes to this Section by this amendatory Act of the
498th General Assembly apply to disclosures made and changes of
5ownership that take place on or after January 1, 2015.
6    The changes to this Section made by this amendatory Act of
7the 102nd General Assembly apply to disclosures made and
8changes of ownership that take place on or after January 1,
92023.
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
13of rent shall be clearly set forth and all charges for
14services, ground or lot rent, unit rent, or any other charges
15shall be specifically itemized in the lease and in all
16billings of the tenant by the park owner.
17    The owner shall not change the rental terms nor increase
18the cost of fees, except as provided herein.
19    The park owner shall not charge a transfer or selling fee
20as a condition of sale of a mobile home that is going to remain
21within the park unless a service is rendered.
22    Rents charged to a tenant by a park owner may be increased
23upon the renewal of a lease. Notification of an increase shall
24be delivered 90 days prior to expiration of the lease.
25    The park owner shall not charge or impose upon a tenant any

 

 

10200SB1097sam002- 5 -LRB102 04921 LNS 36992 a

1fee or increase in rent which reflects the cost to the park
2owner of any fine, forfeiture, penalty, money damages, or fee
3assessed or awarded by a court of law against the park owner,
4including any attorney's fees and costs incurred by the park
5owner in connection therewith unless the fine, forfeiture,
6penalty, money damages, or fee was incurred as a result of the
7tenant's actions.
8    The park owner shall not charge or impose a pet fee upon a
9resident that owns the home, unless a service related to the
10pet is offered by the park owner and accepted by the resident.
11A tenant of a home owned by the park owner may be subject to
12the imposition of a pet fee as agreed to in the lease.
13(Source: P.A. 95-383, eff. 1-1-08.)".