Sen. Melinda Bush

Filed: 5/15/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 569

2    AMENDMENT NO. ______. Amend Senate Bill 569 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Mobile Home Landlord and Tenant Rights Act
5is amended by changing Section 6.7 as follows:
 
6    (765 ILCS 745/6.7)
7    Sec. 6.7. Violations; inspection reports; postings;
8penalty.
9    (a) Any nonconformance with a statute, rule, or ordinance
10applicable to the mobile home park or manufactured home
11community constitutes a violation. The authority having
12jurisdiction shall identify violations in an inspection
13report. The inspection report shall be served upon the park
14owner or managing agent in person or by certified United States
15mail, return receipt requested, postage prepaid.
16    (b) The park owner or its managing agent shall post in a

 

 

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1conspicuous place any inspection report received from the
2authority having jurisdiction regarding health and life safety
3violations as defined in rules promulgated by the Illinois
4Department of Public Health. The inspection report shall be
5posted beginning the business day after the date by which the
6violation or violations must be corrected as set forth in the
7inspection report issued by the authority having jurisdiction.
8The posting may be removed only when:
9        (1) the authority having jurisdiction has issued
10    written authorization to remove the posting; or
11        (2) the park owner or its managing agent has corrected
12    the violation or violations, served notice to the authority
13    having jurisdiction that the violation or violations have
14    been corrected by submitting such documentation or
15    affidavit as may be necessary to substantiate the
16    correction by certified United States mail, return receipt
17    requested, postage prepaid, and no less than 15 days have
18    expired from the mailing date of the notice to the
19    authority having jurisdiction.
20    (c) Nothing in this Act may be construed to diminish,
21impair, or otherwise affect the authority of the authority
22having jurisdiction to charge violations under the Mobile Home
23Park Act or any other statute, rule, or ordinance applicable to
24the mobile home park or manufactured home community.
25    (d) Failure to comply with the requirements of this Section
26subjects the park owner or managing agent to a $250 penalty.

 

 

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1The penalty shall be payable to the authority having
2jurisdiction which issued the inspection report citing
3violations.
4    (e) For purposes of enforcement of this Section by the
5Illinois Department of Public Health, the Illinois
6Administrative Procedure Act is hereby expressly adopted. The
7Illinois Department of Public Health has the authority to
8promulgate rules to enforce this Section.
9    (f) For purposes of enforcement of this Section by any
10authority having jurisdiction other than the Illinois
11Department of Public Health, the authority having jurisdiction
12has the authority to adopt ordinances to enforce this Section.
13    (g) A unit of local government, as defined in Article VII,
14Section 1 of the Illinois Constitution of 1970, other than a
15municipality having a population of 1,000,000 or more
16inhabitants, has the authority to enact, maintain, and enforce
17an ordinance or resolution denying park owners the ability to
18increase rent, fees, or other charges imposed upon tenants if
19the park owner has failed to correct a health or life safety
20violation, as defined in rules adopted by the Department of
21Public Health or the authority having jurisdiction, until the
22violations are corrected as set forth in the inspection report
23issued by the authority having jurisdiction.
24(Source: P.A. 98-1062, eff. 1-1-15.)".