State of Illinois
90th General Assembly
Legislation

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90_SB1583

      765 ILCS 745/8.3 new
      765 ILCS 745/8.6 new
          Amends the Mobile Home Landlord and  Tenant  Rights  Act.
      Requires a mobile home park operator to notify park residents
      of  a  proposed  sale  or  lease  of  the park, and gives the
      residents a right of first refusal in order  to  purchase  or
      lease  the  park  themselves.  Provides that if a mobile home
      park owner intends to change the use of the land on which one
      or more  mobile  homes  are  located,  the  park  owner  must
      compensate the owners of those mobile homes.
                                                     SRS90S0057PMch
                                               SRS90S0057PMch
 1        AN  ACT  to  amend  the  Mobile  Home Landlord and Tenant
 2    Rights Act by adding Sections 8.3 and 8.6.
 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:
 5        Section  5.   The  Mobile Home Landlord and Tenant Rights
 6    Act is amended by adding Sections 8.3 and 8.6 as follows:
 7        (765 ILCS 745/8.3 new)
 8        Sec. 8.3.  Sale or lease of park; tenants' right of first
 9    refusal.
10        (a)  A park operator shall notify the residents, within 7
11    days, of: any bona fide offer to buy or lease the  park  that
12    the  owner  intends to accept; any listing of the park with a
13    realtor; or any advertisement or other public notice that the
14    park is for sale or the land upon which the park  is  located
15    is for lease.
16        (b)  A group of residents or a resident association shall
17    have the right to purchase or lease the park, as the case may
18    be,  provided  it  submits,  within 120 days after the notice
19    given under subsection (a),  a  proposed  purchase  and  sale
20    agreement  or a lease agreement with substantially equivalent
21    terms and conditions as any offer the park owner  intends  to
22    accept,  and  within  another  90  days obtains any necessary
23    financing or guarantees.  No owner shall unreasonably  refuse
24    to  enter  into  or  unreasonably  delay  the  execution of a
25    purchase and sale agreement or a lease agreement with a group
26    of residents or a resident association that has made  a  bona
27    fide  offer  to  meet  the price and substantially equivalent
28    terms and conditions of an offer to  purchase  or  lease  the
29    park.
30        (c)  The  effective  period of the right of first refusal
31    provided by subsection (b) shall obtain separately  for  each
                            -2-                SRS90S0057PMch
 1    substantially  different bona fide offer to purchase or lease
 2    the park and for each offer substantially  equivalent  to  an
 3    offer made more than 3 months prior to the later offer.
 4        (d)  No   right   of  first  refusal  shall  apply  to  a
 5    government taking by eminent domain or negotiated purchase, a
 6    forced sale pursuant to a foreclosure (except that  the  park
 7    owner  must  notify  the residents of any impending or actual
 8    foreclosure action), a transfer by gift, devise, or operation
 9    of law, or a sale to a person or the spouse of a  person  who
10    would   be   included   within   the  table  of  descent  and
11    distribution if there were to be a death intestate of a  park
12    owner.
13        (e)  The right of first refusal is not transferable.
14        (765 ILCS 745/8.6 new)
15        Sec. 8.6.  Change in land use; park owner's duties.
16        (a)  If  the  park owner intends to change the use of the
17    land on which one or more mobile homes are located, the  park
18    owner  shall,  within 90 days after the date of the notice of
19    termination of tenancy,  notify  each  affected  mobile  home
20    owner, in writing, of the park owner's election to compensate
21    the home owner, as follows:
22             (1)  The  park  owner  may  elect to pay to the home
23        owner,  as  damages,  the  full  actual  cost,  including
24        entrance and setup fees, to move an evicted  mobile  home
25        and  any  appurtenances  to a comparable mobile home park
26        within a 50-mile radius of the mobile home park or  other
27        distance  agreed  upon  by the park owner and mobile home
28        owner.  This provision shall include reimbursement by the
29        park owner to the home owner of any  damages  that  might
30        occur incidental to relocating the mobile home; or
31             (2)  The park owner may elect to purchase the mobile
32        home  and  all  appurtenances  thereto  at  a value to be
33        determined as follows:
                            -3-                SRS90S0057PMch
 1                  (A)  A mutually  agreed  upon  appraiser  shall
 2             assess  the  market value of the mobile home and all
 3             appurtenances thereto as situated immediately  prior
 4             to  the  notice  of  change  in  land use.  The NADA
 5             Mobile  Home/Manufactured  Housing  Appraisal  Guide
 6             shall be used as a guide for determining this value.
 7                  (B)  Between  the  date   of   the   appraisals
 8             referred   to   in  subdivision  (a)(2)(A)  and  the
 9             delivery of title and possession of the mobile  home
10             and all appurtenances thereto to the park owner, the
11             mobile   home   and   the   appurtenances  shall  be
12             maintained  by  the  home  owner  in  the  condition
13             existing on the date  of  the  appraisals,  ordinary
14             wear and tear excepted; or
15             (3)  The   park   owner  may  negotiate  a  mutually
16        agreed-to settlement between the park owner and the  home
17        owner.
18        (b)  Either  the  mobile home owner or the park owner may
19    apply to the circuit court in the  county  where  the  mobile
20    home lot is located for purposes of selecting an appraiser to
21    determine  the  value of the mobile home and appurtenances or
22    for resolution  of  any  other  dispute  arising  under  this
23    Section.

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