Illinois General Assembly - Full Text of SB1043
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Full Text of SB1043  98th General Assembly



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1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Manufactured Home Landlord and Tenant Rights
5Act is amended by changing Sections 3 and 6.5 and by adding
6Sections 8.6, 8.7, 8.8, and 8.9 as follows:
7    (765 ILCS 745/3)  (from Ch. 80, par. 203)
8    Sec. 3. Definitions. Unless otherwise expressly defined,
9all terms in this Act shall be construed to have their
10ordinarily accepted meanings or such meaning as the context
11therein requires.
12    (a) "Person" means any legal entity, including but not
13limited to, an individual, firm, partnership, association,
14trust, joint stock company, corporation or successor of any of
15the foregoing.
16    (b) "Manufactured home" means a factory-assembled,
17completely integrated structure designed for permanent
18habitation, with a permanent chassis, and so constructed as to
19permit its transport, on wheels temporarily or permanently
20attached to its frame, and is a movable or portable unit that
21is (i) 8 body feet or more in width, (ii) 40 body feet or more
22in length, and (iii) 320 or more square feet, constructed to be
23towed on its own chassis (comprised of frame and wheels) from



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1the place of its construction to the location, or subsequent
2locations, at which it is installed and set up according to the
3manufacturer's instructions and connected to utilities for
4year-round occupancy for use as a permanent habitation, and
5designed and situated so as to permit its occupancy as a
6dwelling place for one or more persons. The term shall include
7units containing parts that may be folded, collapsed, or
8telescoped when being towed and that may be expected to provide
9additional cubic capacity, and that are designed to be joined
10into one integral unit capable of being separated again into
11the components for repeated towing. The term excludes campers
12and recreational vehicles.
13    (c) "Mobile Home Park", "community", "manufactured home
14community", or "community" or "Park" means a tract of land or 2
15contiguous tracts of land that contain sites with the necessary
16utilities for 5 or more mobile homes or manufactured homes. A
17mobile home park may be operated either free of charge or for
18revenue purposes.
19    (d) "Park Owner" or "community owner" means the owner of a
20mobile home park and any person authorized to exercise any
21aspect of the management of the premises, including any person
22who directly or indirectly receives rents and has no obligation
23to deliver the whole of such receipts to another person.
24    (e) "Tenant" means any person who occupies a mobile home
25rental unit for dwelling purposes or a lot on which he parks a
26mobile home for an agreed upon consideration.



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1    (f) "Rent" means any money or other consideration given for
2the right of use, possession and occupancy of property, be it a
3lot, a mobile home, or both.
4    (g) "Master antenna television service" means any and all
5services provided by or through the facilities of any closed
6circuit coaxial cable communication system, or any microwave or
7similar transmission services other than a community antenna
8television system as defined in Section 11-42-11 of the
9Illinois Municipal Code.
10    (h) "Manufactured home owner" means the owner of a
11manufactured home.
12    (i) "Displaced manufactured home owner" means the owner of
13a manufactured home which is located on a site in a
14manufactured home community that is ceasing operation as
15described in Section 8.6.
16(Source: P.A. 96-1477, eff. 1-1-11.)
17    (765 ILCS 745/6.5)
18    Sec. 6.5. Disclosure. A park owner must disclose in writing
19the following with every lease or sale and upon renewal of a
20lease of a mobile home or lot in a mobile home park:
21        (1) the rent charged for the mobile home or lot in the
22    past 5 years;
23        (2) the community park owner's responsibilities with
24    respect to the mobile home or lot;
25        (3) information regarding any fees imposed in addition



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1    to the base rent;
2        (4) information regarding late payments;
3        (5) information regarding any privilege tax that is
4    applicable;
5        (6) information regarding security deposits, including
6    the right to the return of security deposits and interest
7    as provided in Section 18 of this Act; and
8        (7) information on a 3-year rent increase projection
9    which includes the 2 years of the lease and the year
10    immediately following. The basis for such rent increases
11    may be a fixed amount, a "not to exceed" amount, a formula,
12    an applicable index, or a combination of these
13    methodologies as elected by the park owner. These increases
14    may be in addition to all the non-controllable expenses
15    including, but not limited to, property taxes, government
16    assessments, utilities, and insurance;
17        (8) the name, address, and telephone number of the
18    owner and any manager of the manufactured home community;
19    and
20        (9) information regarding the Manufactured Home Owners
21    Relocation Trust Fund.
22    The park owner must update the written disclosure at least
23once per year. The park owner must advise tenants who are
24renewing a lease of any changes in the disclosure from any
25prior disclosure.
26(Source: P.A. 95-383, eff. 1-1-08.)



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1    (765 ILCS 745/8.6 new)
2    Sec. 8.6. Cessation of community operation.
3    (a) The owner of a manufactured home community that is
4ceasing operation must pay 50% of the following sums to the
5Manufactured Home Owners Relocation Trust Fund:
6        (1) the relocation expense allowance under Section 8.8
7    of this Act; and
8        (2) at the displaced manufactured home owner's
9    election, the relocation costs to relocate the
10    manufactured home as defined by subsection (b) of this
11    Section, or the payment for an abandoned home as defined by
12    Section 8.8 of this Act.
13    (b) Relocation costs shall include the costs of
14disconnecting and moving the home to a different community or
15other location selected by the displaced manufactured home
16owner within a 100 mile radius of the community and
17reconnecting the home with all hook-ups so that it is
18substantially in the same condition as before the move, with
19any required and comparable appurtenances.
20    (c) The appraised value of the manufactured home shall be
21the fair market value of the home and any existing
22appurtenances but excluding the value of the underlying land,
23determined by an independent appraiser agreed to by the
24community owner and the displaced manufactured home owner. In
25making the determination, the appraiser shall assess the fair



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1market value based on the price that a willing and able buyer
2intending to reside in the home would pay for the home and any
3existing appurtenances, but excluding the value of the
4underlying land, and shall assume that the home is and will
5continue to be located on a lot which is leased in a duly
6licensed manufactured home community, with all hook-ups and
7existing appurtenances in place for use and occupancy by the
9    (d) A displaced manufactured home owner shall not be
10entitled to compensation when:
11        (1) the community owner moves the manufactured home to
12    another space in the manufactured home community, or to
13    another manufactured home community acceptable to the
14    displaced manufactured home owner, at the community
15    owner's expense;
16        (2) the displaced manufactured home owner is vacating
17    the premises and has informed the community owner or
18    manager before notice of the change in use has been given;
19    or
20        (3) the displaced manufactured home owner or the person
21    residing in the manufactured home is the defendant in a
22    pending eviction action for non-payment of lot rent on the
23    mailing date of the notice of community closure; provided
24    that if a judgment for possession of the premises is not
25    entered in favor of the community owner, this exception
26    does not apply.



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1    (e) The owner of a manufactured home community shall notify
2in writing each tenant and, if a home owners association has
3been established, the directors of the association, of any
4application for a change in zoning of all or a portion of the
5manufactured home community within 5 days after the filing for
6such a zoning change with the zoning authority. The tenants are
7entitled to all rights under State and local zoning laws,
8rules, and regulations that are extended to owners of
9neighboring land. Any zoning change approved without the notice
10required by this Section is void.
11    (f) The closure statement in the community closure notice
12required by Section 8.5 of this Act must include the following
13language in a font no smaller than 14-point: "YOU MAY BE
17    (765 ILCS 745/8.7 new)
18    Sec. 8.7. Manufactured Home Owners Relocation Trust Fund.
19    (a) There is created the Manufactured Home Relocation Trust
20Fund. The Illinois Department of Public Health shall use the
21Manufactured Home Owners Relocation Trust Fund to provide
22assistance for the relocation of displaced manufactured home
23owners. All interest earned from the investment or deposit of
24moneys in the Manufactured Home Owners Relocation Trust Fund
25must be deposited into the Fund.



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1    (b) Moneys in the Manufactured Home Owners Relocation Trust
2Fund may be used only:
3        (1) to pay the administrative costs of the Fund,
4    including expenses associated with the annual audit
5    required under subsection (g) of this Section; and
6        (2) to carry out the objectives of assisting displaced
7    manufactured home owners when the community owner intends
8    to change the use of all or part of the land on which the
9    manufactured home community is located.
10    (c) After notifying the tenants in a community owner's
11manufactured home community that the community owner intends to
12cease operation of all or part of the community pursuant to
13Section 8.5 of this Act, if the community owner does not cease
14operation of all or the designated part of the community within
153 years after the date of the notification, or if the Illinois
16Department of Public Health finds there is prima facie evidence
17that the owner did not intend in good faith to change the land
18use, the community owner shall, within 30 days of the date that
19the Illinois Department of Public Health provides written
20notice to the community owner of the prima facie evidence
21determination, reimburse the Manufactured Home Relocation
22Trust Fund whatever moneys the Department has expended from the
23Manufactured Home Owners Relocation Trust Fund with respect to
24that manufactured home community, along with an amount that is
25equal to 2 times the amount of the interest allowed on a
26judgment that would have been earned on the moneys expended in



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1the period between the time that the moneys were expended from
2the Manufactured Home Relocation Trust Fund until the amount is
3reimbursed. The date of the mailing of the notice of the prima
4facie evidence determination by the Illinois Department of
5Public Health is deemed to be the date that a community owner
6is notified about reimbursing the Manufactured Home Relocation
7Trust Fund. However, if the community owner, with due
8diligence, has not been able to complete the change-in-use
9process within 3 years, the Illinois Department of Public
10Health may grant a reasonable extension to the community owner
11to complete the process.
12    (d) The cap on the Manufactured Home Owners Relocation
13Trust Fund is $10 million. The cap may be adjusted, eliminated,
14or reinstated by the Illinois Department of Public Health.
15    (e) If the Manufactured Home Owners Relocation Trust Fund
16ceases to exist, the moneys in the Manufactured Home Owners
17Relocation Trust Fund held at the time of dissolution must be
18liquidated by paying the total amount of the Manufactured Home
19Owners Relocation Trust Fund, on a per capita basis, to each
20tenant of a rented lot in a manufactured home community in this
21State who has occupied the lot for at least the 12 months
22immediately prior to the time of the dissolution.
23    (f) Monthly fee.
24        (1) The Illinois Department of Public Health shall set
25    a $1 monthly fee for deposit in the Manufactured Home
26    Owners Relocation Trust Fund for each rented lot in a



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1    manufactured home community. The Illinois Department of
2    Public Health may adjust, eliminate, or reinstate the
3    assessment, and shall notify community owners and tenants
4    of each adjustment, elimination, or reinstatement pursuant
5    to rules. If the Illinois Department of Public Health
6    adjusts the amount of the assessment upward, it may not
7    exceed $3 per month.
8        (2) The community owner shall collect the tenant's
9    portion of the fee on a monthly basis as additional rent.
10    The community owner shall remit to the Manufactured Home
11    Owners Relocation Trust Fund the tenant's fee on a monthly
12    basis. The community owner is responsible for safeguarding
13    all assessments it collects. A fee is not due or
14    collectable for a vacant lot.
15        (3) If a lot is rented for any portion of a month, the
16    full monthly assessment must be paid to the Manufactured
17    Home Owners Relocation Trust Fund.
18        (4) If a lease contains or is subject to a capping
19    provision which limits the amount by which rent may be
20    increased, the Manufactured Home Owners Relocation Trust
21    Fund assessment is deemed not to be rent for purposes of
22    rent increases.
23    (g) The Manufactured Home Owners Relocation Trust Fund must
24be audited annually. If the State Auditor performs the audit,
25the Manufactured Home Owners Relocation Trust Fund shall pay to
26the State from the Fund the cost of the audit. The completed



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1audit must be made available to the public by placing it on a
2website, by offering it as a hard copy for a fee which reflects
3reasonable reproduction cost, or in some other manner
4determined by the Illinois Department of Public Health.
5    (h) The Illinois Department of Public Health shall make
6available to the public, at least on a quarterly basis, the
7amount of the payment from the Manufactured Home Owners
8Relocation Trust Fund made to each displaced manufactured home
9owner, along with a description of the property related to the
10payment and the reason for the payment.
11    (i) The Illinois Department of Public Health may place a
12lien against the property of any community owner who is
13required to make any payment to the Manufactured Home Owners
14Relocation Trust Fund but fails to do so.
15    (765 ILCS 745/8.8 new)
16    Sec. 8.8. Relocation expense payments.
17    (a) If a community owner elects to cease the operation of
18either all or a portion of the manufactured home community,
19each displaced manufactured home owner who is required to
20relocate and who complies with the requirements of this Act is
21entitled to:
22        (1) payment from the Manufactured Home Owners
23    Relocation Trust Fund a relocation expense allowance in the
24    amount of $1,000 to cover the costs of suitable lodging
25    while the manufactured home owner is relocating and the



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1    costs of security deposits and other moving expenses,
2    payable to the displaced manufactured home owner no later
3    than the time of departure of the displaced manufactured
4    home owner from the manufactured home community; and
5        (2) at the displaced manufactured home owner's
6    election, the displaced manufactured home owner's actual
7    relocation costs as defined by Section 8.6 of this Act,
8    which shall be paid as provided in subsection (e) of this
9    Section, or the amount for an abandoned home provided by
10    subsections (b) and (c) of this Section, which shall be
11    paid as provided in subsection (b) of this Section.
12    (b) If a displaced manufactured home owner elects not to
13receive payment of relocation costs under subsection (a) of
14this Section, the displaced manufactured home owner may abandon
15the manufactured home in the manufactured home community and
16receive from the Manufactured Home Owners Relocation Trust Fund
17the greater of:
18        (1) the appraised value of the home as defined by
19    Section 8.6 of this Act;
20        (2) $3,500 for a single-section home or $7,500 for a
21    multi-section home; or
22        (3) the amount necessary to release any security
23    interest in the home that was created in connection with a
24    bona fide financing or refinancing of the home.
25    To be entitled to payment under paragraphs (1) or (2) of
26this subsection, the displaced manufactured home owner must



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1deliver to the Illinois Department of Public Health a current
2title to the manufactured home duly endorsed by the owner or
3owners of record, valid releases of all liens shown on the
4title, and a tax release. Payment shall be made directly to the
5displaced manufactured home owner. When payment is made under
6paragraph (3) of this subsection, the Illinois Department of
7Public Health shall make the payment directly to the lien
8holder and shall make appropriate arrangements to obtain the
9title endorsed by the owner or owners of record with valid
10releases of all other liens shown on the title and a tax
11release. After receiving the title from the home owner, the
12Illinois Department of Public Health shall turn over title of
13the abandoned manufactured home to the manufactured home
14community owner, provided that the community owner has made the
15payments required by Section 8.6 of this Act. If the Illinois
16Department of Public Health believes that the home has resale
17value, it may require the manufactured home community owner to
18turn over to the Manufactured Home Owners Relocation Trust Fund
19one-half of the net proceeds from the sale of the home.
20    (c) The figures for single-section and multi-section
21manufactured homes under paragraph (2) of subsection (b) of
22this Section shall be adjusted every 3 years, beginning on
23January 1, 2015, by the percentage change since the figure was
24last set or adjusted in the Consumer Price Index for All Urban
25Consumers for all items published by the United States
26Department of Labor.



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1    (d) In order to obtain payment from the Manufactured Home
2Owners Relocation Trust Fund for the relocation of a
3manufactured home under paragraph (2) of subsection (a) of this
4Section, a displaced manufactured home owner must submit to the
5Illinois Department of Public Health, with a copy to the park
6owner, an application for payment which includes:
7        (1) a copy of the community closure notice required by
8    Section 8.5 of this Act; and
9        (2) a contract with a licensed moving and installer
10    contractor for the moving expenses for the manufactured
11    home.
12    (e) The Illinois Department of Public Health shall approve
13or reject payment to a moving or towing contractor within 30
14days after receipt of the information required by this Section,
15and forward a copy of the approval or rejection to the
16displaced manufactured home owner, with a voucher for payment
17if payment is approved.
18    (765 ILCS 745/8.9 new)
19    Sec. 8.9. Payment of funds to homeowners.
20    (a) When a payment from the Manufactured Home Owners
21Relocation Trust Fund to a displaced manufactured home owner is
22authorized by the Illinois Department of Public Health, the
23Illinois Department of Public Health shall issue a check in a
24designated amount to the named displaced manufactured home



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1    (b) If the Manufactured Home Owners Relocation Trust Fund
2does not have sufficient moneys to make a payment to a
3displaced manufactured home owner pursuant to this Act, the
4Illinois Department of Public Health shall issue a written
5promissory note to the displaced manufactured home owner for
6funds due and owing. A promissory note may be redeemed in order
7of issuance of the notes as additional moneys come into the
8Manufactured Home Owners Relocation Trust Fund.
9    (c) It is a Class A misdemeanor for a displaced
10manufactured home owner or his or her agent to file any notice,
11statement, or other document required under this Act which is
12false or contains a material misstatement of fact.
13    Section 97. Severability. The provisions of this Act are
14severable under Section 1.31 of the Statute on Statutes.