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Public Act 095-0383 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Mobile Home Park Act is amended by changing | ||||
Sections 6 and 19
as follows:
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(210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
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Sec. 6. In addition to the application fees provided for | ||||
herein, the
licensee shall pay to the Department on or before | ||||
March 31 of each year, an
annual license fee which shall be | ||||
$100 plus $4
$3 for each mobile home space
in the park. Annual | ||||
license fees submitted after April 30 shall be subject
to a $50 | ||||
late fee. The licensee shall also complete and return a license
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renewal application by March 31 of each year.
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The licensee shall pay to the Department within 30 days of | ||||
receipt of
notification from the Department $6 for each | ||||
additional mobile
home site added to his park under authority | ||||
of a written permit to alter
the park as provided in Section | ||||
4.2 of this Act, payment for the additional
mobile home sites | ||||
to be made and an amended license therefor obtained
before any | ||||
mobile homes are accommodated on the additional mobile home
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spaces. The Department shall issue an amended license to cover | ||||
such
additional mobile home sites, when they are to be occupied | ||||
before the end
of the license year, for which an annual license |
has been previously issued.
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Subsequent to the effective date of this Act, an applicant
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for an original license to operate a new park constructed under | ||
a permit
issued by the Department shall only be required to pay | ||
1/4 of the annual
fee if such park begins operation after the | ||
31st day of January and before
the 1st day of May of such | ||
licensing year; or 1/2 of the annual fee if such
park begins | ||
operation after the 31st day of October and before the 1st day
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of February of such licensing year or 3/4 of the annual fee if | ||
such park
begins operation after the 31st day of July and | ||
before the 1st day of
November of such licensing year; but | ||
shall be required to pay the entire
annual fee if such park | ||
begins operation after the 30th day of April and
before the 1st | ||
day of August of such licensing year.
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Each license fee shall be paid to the Department and any | ||
license fee or
any part thereof, once paid to and accepted by | ||
the Department shall not be
refunded.
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The Department shall deposit all funds received under this | ||
Act
into the Facility Licensing Fund. Subject to appropriation, | ||
moneys in
the Fund shall be used for the enforcement of this | ||
Act
in the
State Treasury .
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(Source: P.A. 85-565.)
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(210 ILCS 115/19) (from Ch. 111 1/2, par. 729)
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Sec. 19. Violations; penalties.
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(a) Whoever violates any provision of this Act, shall, |
except as
otherwise
provided, be guilty of a Class B | ||
misdemeanor. Each day's violation shall
constitute a separate | ||
offense. The State's Attorney of the county in which
the | ||
violation occurred, or the Attorney General shall bring such | ||
actions in
the name of the people of the State of Illinois, or | ||
may, in addition to
other remedies provided in this Act, bring | ||
action for an injunction to
restrain such violation, or to | ||
enjoin the operation of any such mobile home
park. | ||
(b) The Department may also impose an administrative | ||
monetary penalty against a person
who operates a mobile home | ||
park in violation of this Act or the rules adopted
under the | ||
authority of this Act. The Department shall establish the | ||
amount of the penalties by rule. The Department must provide | ||
the person with written notification of the
alleged violation | ||
and allow a minimum of 30 days for correction of the alleged | ||
violation before imposing an
administrative monetary penalty, | ||
unless the alleged violation involves life safety in which case | ||
the Department shall allow a minimum of 10 days for correction | ||
of the alleged life safety violation before imposing an | ||
administrative monetary penalty. The Department shall adopt | ||
rules defining violations that involve life safety.
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In addition, before imposing an administrative monetary | ||
penalty under this subsection, the Department must provide the | ||
following to the person operating the mobile home park:
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(1) Written notice of the person's right to request an | ||
administrative hearing on the question of the alleged |
violation.
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(2) An opportunity to present evidence, orally or in | ||
writing or both, on the question of the alleged violation | ||
before an impartial hearing examiner appointed by the | ||
Director of Public Health.
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(3) A written decision from the Director of Public | ||
Health, based on the evidence introduced at the hearing and | ||
the hearing examiner's recommendations, finding that the | ||
person violated this Act.
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The Attorney General may bring an action in the circuit | ||
court to enforce the collection of an administrative monetary | ||
penalty imposed under this subsection.
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The Department shall deposit all administrative monetary | ||
penalties collected under this subsection into the Facility | ||
Licensing Fund. Subject to appropriation, moneys in the Fund | ||
shall be used for the enforcement of this Act.
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(Source: P.A. 78-255.)
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Section 10. The Mobile Home Landlord and Tenant Rights Act | ||
is amended by changing Sections 6, 6.5, 8, and 9 and by adding | ||
Sections 6.3, 6.4, 8.5, and 9.5 as follows:
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(765 ILCS 745/6) (from Ch. 80, par. 206)
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Sec. 6. Obligation of Park Owner to Offer Written Lease. | ||
Except as provided in this Act, no
No person
shall offer a | ||
mobile home or lot for rent or sale in a mobile home park
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without having first exhibited to the prospective tenant or | ||
purchaser a
copy of the lease applicable to the respective | ||
mobile home park , unless the prospective tenant waives this | ||
right in writing .
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(a) The park owner shall be required , on a date before the | ||
date on which the lease is signed, to offer to each present and
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future tenant a written lease for a term of not less than 24
12 | ||
months,
unless the prospective tenant waives that right and the | ||
parties agree to a different term subject to existing leases
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which shall be continued pursuant to their terms.
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(b) Tenants in possession on the effective date of this Act | ||
shall
have 30 days after receipt of the offer for a written | ||
lease within which
to accept or reject such offer; during which | ||
period, the rent may not be
increased or any other terms and | ||
conditions changed, except as permitted
under this Act; | ||
providing that if the tenant has not so elected he shall
vacate | ||
within the 30 day period.
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(c) The park owner shall notify his tenants in writing not | ||
later
than 30 days after the effective date of this Act, that a | ||
written lease
shall be available to the tenant and that such | ||
lease is being offered in
compliance with and will conform to | ||
the requirements of this Act.
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(d) The park owner shall give 90 days' notice of any rent | ||
increase and no rent increase shall go into effect until 90 | ||
days after the notice. Upon receipt of the notice of the rent | ||
increase, a tenant shall have 30 days in which to accept or |
reject the rent increase. If the tenant rejects the rent | ||
increase, the tenant must notify the park owner of the date on | ||
which the tenant will vacate the premises, which shall be a | ||
date before the effective date of the rent increase. | ||
(e) The park owner may provide for a specified rent | ||
increase between the first and second years of the lease. | ||
(f) The park owner may offer a month-to-month tenancy | ||
agreement option to a tenant not wishing to make a long-term | ||
commitment if the tenant signs a written statement | ||
acknowledging that the park owner offered the tenant a longer | ||
term lease but the tenant chose instead to agree to only a | ||
month-to-month tenancy agreement. If the tenant declines to | ||
sign either a lease or a statement acknowledging that a lease | ||
was offered, the park owner shall sign and deliver to the | ||
tenant a statement to that effect. Any month-to-month tenancy | ||
agreement must provide a minimum of 90 days' notice to the | ||
tenant before any rent increase is effective. | ||
(g) A prospective tenant who executes a lease pursuant to | ||
this Section may cancel the lease by notifying the park owner | ||
in writing within 3 business days after the prospective | ||
tenant's execution of the lease, unless the prospective tenant | ||
waives in writing this right to cancel the lease or waives this | ||
right by taking possession of the mobile home or the lot. The | ||
park owner shall return any security deposit or rent paid by | ||
the prospective tenant within 10 days after receiving the | ||
written cancellation. |
(h) The maximum amount that a park owner may recover as | ||
damages for a tenant's early termination of a lease is the | ||
amount due under the lease, less any offset or mitigation | ||
through a re-lease. | ||
(i) A tenant in possession of a mobile home or lot who is | ||
not subject to a current lease on the effective date of this | ||
amendatory Act of the 95th General Assembly
shall be offered a | ||
lease by the park owner within 90 days after the effective date | ||
of this amendatory Act of the 95th General Assembly. Tenants in | ||
possession on the effective date of this amendatory Act of the | ||
95th General Assembly
shall have 30 days after receipt of the | ||
offer for a written lease within which to accept or reject the | ||
offer, during which period the rent may not be increased or any | ||
other terms and conditions changed, except as permitted under | ||
this Act; provided that if the tenant has not so elected he or | ||
she shall vacate within the 30-day period.
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(Source: P.A. 81-1509.)
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(765 ILCS 745/6.3 new) | ||
Sec. 6.3. Temporary Tenant. If a tenant suffers from an | ||
illness or disability that requires the tenant to temporarily | ||
leave the mobile home park, the park owner shall allow a | ||
relative or relatives, designated by the tenant or the tenant's | ||
legal guardian or representative, to live in the home for a | ||
period of up to 90 days as temporary occupants if the following | ||
conditions are met: |
(1) The tenant must provide documentation of the | ||
disability or illness by a licensed physician dated within | ||
the past 60 days; | ||
(2) The temporary occupant must meet all | ||
qualifications other than financial, including age in a | ||
community that provides housing for older persons, and the | ||
terms of the lease and park rules must continue to be met; | ||
as used in this item (2), "housing for older persons" has | ||
the meaning ascribed to that term in Section 3-106 of the | ||
Illinois Human Rights Act; and | ||
(3) At least 5 days before occupancy, the temporary | ||
occupant must submit an application for residency to the | ||
park owner by which the temporary occupant provides all | ||
information required to confirm that the temporary | ||
occupant meets community requirements. | ||
After the 90-day temporary occupancy period, the temporary | ||
occupant shall be required to provide documentation of ongoing | ||
financial ability to pay the costs relative to occupancy. | ||
(765 ILCS 745/6.4 new)
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Sec. 6.4. Rent Deferral Program. A tenant or co-tenants may | ||
defer, for up to one year, payment of the amount by which the | ||
rent has most recently been increased if the tenant or | ||
co-tenants provide proof of inability to pay the increased rent | ||
amount by meeting the following requirements within 30 days of | ||
the date on which the tenant or co-tenants receive either a new |
lease or a notice of rent increase:
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(1) The tenant or co-tenants attest, by sworn | ||
affidavit, that they shall diligently proceed to list their | ||
mobile home with a licensed sales entity and market it for | ||
sale; | ||
(2) The tenant or co-tenants attest, by sworn | ||
affidavit, that the proposed new lease amount will exceed | ||
45% of the tenant's or co-tenants' current taxable and | ||
non-taxable income, from whatever source derived; and | ||
(3) The tenant or co-tenants provide verification in | ||
the form of a tax return and other such documents as may be | ||
required to independently verify the annual income and | ||
assets of the tenant or co-tenants. | ||
If the tenant or co-tenants meet the above requirements, | ||
the tenant or co-tenants may continue to reside in the mobile | ||
home for a period of up to 12 months or the date on which the | ||
tenant or co-tenants sell the mobile home to a new tenant | ||
approved by the park owner, whichever date is earlier. The | ||
tenant or co-tenants must remain current on all rent payments | ||
at the rental amount due before the notice of the rent | ||
increase. The tenant or co-tenants shall be required to pay, | ||
upon sale of the home, the deferred rent portion which | ||
represents the difference between the actual monthly rental | ||
amount paid starting from the effective date of the rent | ||
increase and the monthly amount due per the rent increase | ||
notice without any additional interest or penalty charges. |
(765 ILCS 745/6.5) | ||
Sec. 6.5. Disclosure. A park owner must disclose in writing | ||
the following with every lease or sale and upon renewal of a | ||
lease of a mobile home or lot in a mobile home park: | ||
(1) the rent charged for the mobile home or lot in the | ||
past 5 years; | ||
(2) the park owner's responsibilities with respect to | ||
the mobile home or lot; | ||
(3) information regarding any fees imposed in addition | ||
to the base rent; | ||
(4) information regarding late payments; | ||
(5) information regarding any privilege tax that is | ||
applicable; and | ||
(6) information regarding security deposits, including | ||
the right to the return of security deposits and interest | ||
as provided in Section 18 of this Act ; and
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(7) information on a 3-year rent increase projection | ||
which includes the 2 years of the lease and the year | ||
immediately following. The basis for such rent increases | ||
may be a fixed amount, a "not to exceed" amount, a formula, | ||
an applicable index, or a combination of these | ||
methodologies as elected by the park owner. These increases | ||
may be in addition to all the non-controllable expenses | ||
including, but not limited to, property taxes, government | ||
assessments, utilities, and insurance . |
The park owner must update the written disclosure at least | ||
once per year. The park owner must advise tenants who are | ||
renewing a lease of any changes in the disclosure from any | ||
prior disclosure.
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(Source: P.A. 93-1043, eff. 6-1-05 .)
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(765 ILCS 745/8) (from Ch. 80, par. 208)
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Sec. 8. Renewal of Lease. | ||
(a) Every lease of a mobile home or lot in a mobile
home | ||
park shall contain an option which automatically renews the
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lease; unless: | ||
(1)
(a) the tenant shall notify the owners 30 days | ||
prior to the
expiration of the lease that he does not | ||
intend to renew the lease; | ||
(2)
or (b)
the park owner shall notify the tenant
30 | ||
days prior to the expiration of the lease that the lease | ||
will not be
renewed and specify in writing the reasons, | ||
such as violations of park rules,
health and safety codes | ||
or irregular or non-payment of rent; | ||
(3)
or (c) the
park owner elects to cease the operation | ||
of either all or a portion of the
mobile home park ; or | ||
(4) the park owner seeks to change the terms of the | ||
agreement pursuant to subsection (b) in which case the | ||
procedures set forth in subsection (b) shall apply, unless | ||
the only change is in the amount of rent, in which case it | ||
is sufficient if the park owner provides a letter notice to |
the tenant stating the changed rent amount; any notice of a | ||
change in the amount of rent shall advise the tenant that | ||
the tenant will be given a copy of the lease, upon request, | ||
at no charge and that no other changes in the lease are | ||
allowed. | ||
(b) If there is no change in the lease, the park owner must | ||
provide the tenant with a letter notice stating there will be | ||
no change in the lease terms unless a new lease is signed. If | ||
there is a change in the rent, the park owner must offer to | ||
provide the tenant a copy of the lease without charge upon | ||
request . The tenants shall be entitled to at least 12 months
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notice of such ceasing of operations. If 12 months or more | ||
remain on the
existing lease at the time of notice, the tenant | ||
is entitled to the balance
of the term of his lease. If there | ||
is less than 12 months remaining in the
term of his lease, the | ||
tenant is entitled to the balance of his lease plus
a written | ||
month to month tenancy, at the expiring lease rate to provide | ||
him
with a full 12 months notice.
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(c) All notices required under this Section shall be by | ||
first class
certified mail or
personal service. Certified mail | ||
shall be deemed to be effective upon the
date of mailing.
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(Source: P.A. 87-1078.)
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(765 ILCS 745/8.5 new)
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Sec. 8.5. Park Closure. If a park owner elects to cease the | ||
operation of either all or a portion of the mobile home park, |
the tenants shall be entitled to at least 12 months' notice of | ||
such ceasing of operations. If 12 months or more remain on the | ||
existing lease at the time of notice, the tenant is entitled to | ||
the balance of the term of his or her lease up to the date of | ||
the closing. If less than 12 months remain in the term of his | ||
or her lease, the tenant is entitled to the balance of his or | ||
her lease plus a written month-to-month tenancy and rent must | ||
remain at the expiring lease rate to provide him or her with a | ||
full 12 months' notice.
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(765 ILCS 745/9) (from Ch. 80, par. 209)
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Sec. 9. The Terms of Fees and Rents. The terms for payment | ||
of rent shall
be clearly set forth and all charges for | ||
services, ground or lot rent, unit
rent, or any other charges | ||
shall be specifically itemized in the lease and
in all billings | ||
of the tenant by the park owner.
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The owner shall not change the rental terms nor increase | ||
the cost of fees,
except as provided herein.
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The park owner shall not charge a transfer or selling fee | ||
as a condition
of sale of a mobile home that is going to remain | ||
within the park unless
a service is rendered.
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Rents charged to a tenant by a park owner may be increased | ||
upon the
renewal of a lease. Notification of an increase shall | ||
be delivered 90
60 days
prior to expiration of the lease.
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The park owner shall not charge or impose upon a tenant any | ||
fee or increase in rent which reflects the cost to the park |
owner of any fine, forfeiture, penalty, money damages, or fee | ||
assessed or awarded by a court of law against the park owner, | ||
including any attorney's fees and costs incurred by the park | ||
owner in connection therewith unless the fine, forfeiture, | ||
penalty, money damages, or fee was incurred as a result of the | ||
tenant's actions.
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(Source: P.A. 86-851.)
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(765 ILCS 745/9.5 new)
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Sec. 9.5. Abandoned or Repossessed Properties. In the event | ||
of the sale of abandoned or repossessed property, the park | ||
owner shall, after payment of all outstanding rent, fees, | ||
costs, and expenses to the community, pay any remaining balance | ||
to the title holder of the abandoned or repossessed property. | ||
If the tenant cannot be found through a diligent inquiry after | ||
90 days, then the funds shall be forfeited. As used in this | ||
Section, "diligent inquiry" means sending a notice by certified | ||
mail to the last known address. | ||
Section 97. Severability. The provisions of this Act are | ||
severable under Section 1.31 of the Statute on Statutes. | ||
Section 99. Effective date. This Act takes effect January | ||
1, 2008. |