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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
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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:
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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.