Illinois General Assembly - Full Text of Public Act 095-0383
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Public Act 095-0383


 

Public Act 0383 95TH GENERAL ASSEMBLY



 


 
Public Act 095-0383
 
SB0688 Enrolled LRB095 09138 AJO 29331 b

    AN ACT concerning civil law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Mobile Home Park Act is amended by changing
Sections 6 and 19 as follows:
 
    (210 ILCS 115/6)  (from Ch. 111 1/2, par. 716)
    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
renewal application by March 31 of each year.
    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
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.
    Subsequent to the effective date of this Act, an applicant
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
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.
    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.
    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.
(Source: P.A. 85-565.)
 
    (210 ILCS 115/19)  (from Ch. 111 1/2, par. 729)
    Sec. 19. Violations; penalties.
    (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.
    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:
        (1) Written notice of the person's right to request an
    administrative hearing on the question of the alleged
    violation.
        (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.
        (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.
    The Attorney General may bring an action in the circuit
court to enforce the collection of an administrative monetary
penalty imposed under this subsection.
    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.
(Source: P.A. 78-255.)
 
    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:
 
    (765 ILCS 745/6)  (from Ch. 80, par. 206)
    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
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.
    (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
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
which shall be continued pursuant to their terms.
    (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.
    (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.
    (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.
(Source: P.A. 81-1509.)
 
    (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)
    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:
        (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
        (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.
(Source: P.A. 93-1043, eff. 6-1-05.)
 
    (765 ILCS 745/8)  (from Ch. 80, par. 208)
    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
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
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.
    (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.
(Source: P.A. 87-1078.)
 
    (765 ILCS 745/8.5 new)
    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.
 
    (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 60 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.
(Source: P.A. 86-851.)
 
    (765 ILCS 745/9.5 new)
    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.

Effective Date: 1/1/2008