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Public Act 102-0737


 

Public Act 0737 102ND GENERAL ASSEMBLY



 


 
Public Act 102-0737
 
SB1097 EnrolledLRB102 04921 CPF 14940 b

    AN ACT concerning regulation.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mobile Home Landlord and Tenant Rights Act
is amended by changing Sections 6.5 and 9 as follows:
 
    (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 or manufactured home community:
        (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;
        (6) information regarding security deposits, including
    the right to the return of security deposits and interest
    as provided in Section 18 of this Act;
        (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. If a formula
    is used, the formula shall include the total fixed amount
    determined by the formula, and, if applicable, the "not to
    exceed" amount. These increases may be in addition to all
    the non-controllable expenses including, but not limited
    to, property taxes, government assessments, utilities, and
    insurance;
        (8) the contact information name of the legal entity
    that owns the manufactured home community or mobile home
    park or, if applicable, the contact information , and
    either: (a) the name, address, and telephone number of the
    property manager or designated agent for the manufactured
    home community or mobile home park; or (b) the address and
    telephone number of the legal entity that owns the
    manufactured home community or mobile home park, if the
    manufactured home community or mobile home park does not
    have a property manager or designated agent; and
        (9) information contained in any inspection notice
    required to be posted under subsection (b) of Section 6.7
    of this Act; and
        (10) information notifying a tenant that the tenant's
    right to trial by jury shall not be waived.
    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. Within 20 days after the closing of a
purchase and sale of a manufactured home community or mobile
home park that results in a change in the owner, the purchaser
or the representative of the purchaser must provide written
notice to each homeowner of the new owner and either: (i) the
name, address, and telephone number of the property manager or
designated agent for the manufactured home community or mobile
home park; or (ii) the address and telephone number of the
legal entity that owns the manufactured home community or
mobile home park if the manufactured home community or mobile
home park does not have a property manager or designated
agent. The written notice may be provided by hand delivery to
the resident's home, by United States mail or a recognized
courier service, by posting in the office of the custodian of
the park or in the clubhouse or other area of the park where
park residents gather, or by posting on a community bulletin
board.
    The changes to this Section by this amendatory Act of the
98th General Assembly apply to disclosures made and changes of
ownership that take place on or after January 1, 2015.
    The changes to this Section made by this amendatory Act of
the 102nd General Assembly apply to disclosures made and
changes of ownership that take place on or after January 1,
2023.
(Source: P.A. 98-1062, eff. 1-1-15.)
 
    (765 ILCS 745/9)  (from Ch. 80, par. 209)
    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.
    The owner shall not change the rental terms nor increase
the cost of fees, except as provided herein.
    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.
    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 days prior to expiration of the lease.
    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.
    The park owner shall not charge or impose a pet fee upon a
resident that owns the home, unless a service related to the
pet is offered by the park owner and accepted by the resident.
A tenant of a home owned by the park owner may be subject to
the imposition of a pet fee as agreed to in the lease.
(Source: P.A. 95-383, eff. 1-1-08.)

Effective Date: 1/1/2023