35 ILCS 517/ Manufactured Home Installation Act.

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REVENUE
(35 ILCS 517/) Manufactured Home Installation Act.

35 ILCS 517/1

(35 ILCS 517/1)

Sec. 1. Short title. This Act may be cited as the

Manufactured
Home
Installation Act.

(Source: P.A. 96-1477, eff. 1-1-11.)

35 ILCS 517/3

(35 ILCS 517/3)

    Sec. 3. Legislative intent. The General Assembly finds that:
    Manufactured homes provide the only affordable home ownership resource for many citizens in Illinois.
    Manufactured home parks play an essential role in meeting the affordable housing needs of Illinois communities.

Manufactured home parks provide an unsubsidized affordable housing option that meets the needs of society's  most vulnerable citizens: low-income and moderate-income socio-economic groups, including senior citizens and others that are less capable economically but still require safe and affordable housing.

Manufactured home parks are licensed, regulated, or inspected by government agencies to ensure that State, county, and municipal rules and regulations are enforced.

Manufactured home park owners pay for and provide their tenants with a substantial number of services that homeowners outside a manufactured  home park obtain through taxpayer funded government sources and subsidies.

Manufactured home parks have a lease requirement that sets standards of behavior and responsibility through the enforcement of rules and regulations, and compliance with these requirements can significantly diminish local government police costs.

(Source: P.A. 96-1477, eff. 1-1-11.)

35 ILCS 517/5

(35 ILCS 517/5)

Sec. 5. Definitions.

 As used in this Act:

"Manufactured home" means a factory-assembled, completely integrated structure designed for
permanent
habitation, with a permanent chassis, and so constructed as to permit its
transport, on
wheels temporarily or permanently attached to its frame, and is a movable or portable unit that is (i) 8 body feet or more in width, (ii) 40 body feet or more in length, and (iii) 320 or more square feet, constructed to be towed on its own chassis (comprised of frame and wheels)
from the place of its
construction to the location, or subsequent locations, at which it is installed and set up according to the manufacturer's instructions and connected to utilities for year-round occupancy
for use as a permanent habitation, and designed and situated so as to
permit its
occupancy as a dwelling place for one or more persons. The term shall include units containing parts that may be folded, collapsed, or telescoped when being towed and that may be expected to provide additional cubic capacity, and that are designed to be joined into one integral unit capable of being separated again into the components for repeated towing.  The term excludes campers and recreational vehicles.  Mobile homes and manufactured homes in mobile home parks must be assessed and taxed as chattel. Mobile homes and manufactured homes outside of mobile home parks must be assessed and taxed as real property. The words "mobile home" and "manufactured home" are  synonymous for the purposes of this Act.

The construction of mobile type dwellings known as "manufactured homes" is regulated by the U.S. Department of Housing and Urban Development. All mobile type homes constructed after June 15, 1976, are manufactured homes and must comply with the National Manufactured Home and Construction Safety Standards; State and units of local government are preempted from imposing any additional construction requirements. The installation of these homes must comply with the Manufactured Home Quality Assurance Act and the Manufactured Home Installation Code (77 Ill. Adm. Code 870). The location of these
homes is subject to local zoning and covenant codes.

Section 25 of the Manufactured Home Quality Assurance Act requires licensed manufactured home installers to obtain from the Department of Health a Manufactured Home Installation Seal. The seal is to be placed on the exterior of the manufactured home above the HUD label after the installation is completed by the licensed manufactured home installer, in accordance with the Manufactured Home Installation Code (77 Ill. Adm. Code 870).

"Mobile home park" means a tract of land or 2 contiguous tracts of land that contain sites with the necessary utilities for 5 or more mobile homes or manufactured homes. A mobile home park may be operated either free of charge or for revenue purposes. A mobile home or manufactured home installed in a mobile home park must  not be assessed and taxed as real property and shall be taxed under the Mobile Home Local Services Tax Act.

(Source: P.A. 96-1477, eff. 1-1-11.)

35 ILCS 517/10

(35 ILCS 517/10)

Sec. 10. Installation requirements; classification as real property.

(a) Except as provided in subsection (b), a mobile home or manufactured home installed
on private property that is not in a mobile home
park
on or after
the effective date of this Act must be installed in accordance with the manufacturer's instructions and classified, assessed, and taxed  as real property.

(b)  Mobile homes and manufactured homes that (i) are located outside of mobile home parks and (ii) are taxed under the Mobile Home Local Services Tax Act on the effective date of this Act must continue to be taxed under the Mobile Home Local Services Tax Act and shall not be classified, assessed, and taxed as real property until the home is sold or transferred or until the home is relocated to a different parcel of land outside of a mobile home park.  If a mobile home described in this subsection (b) is sold, transferred, or relocated to a different parcel of land outside of a mobile home park, then the home shall be classified, assessed, and taxed as real property.  Mobile homes and manufactured homes that are classified, assessed, and taxed as real property on the effective date of this Act shall continue to be classified, assessed, and taxed as real property.  The owner of a mobile home or manufactured home that is located outside of a mobile home park may file a request with the Department of Revenue that the home be classified, assessed, and taxed as real property.

(c)  Mobile homes and manufactured homes that are located in mobile home parks must be taxed according to the Mobile Home Local Services Tax Act.

(Source: P.A. 96-1477, eff. 1-1-11.)

35 ILCS 517/805

(35 ILCS 517/805)

Sec. 805. (Amendatory provisions; text omitted).