Full Text of HB5377 94th General Assembly
HB5377eng 94TH GENERAL ASSEMBLY
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HB5377 Engrossed |
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LRB094 18951 AJO 54408 b |
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| AN ACT concerning property.
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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 Landlord and Tenant Rights Act | 5 |
| is amended by changing Section 6 and by adding Section 6.3 as | 6 |
| 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. | 9 |
| Except as provided in Section 6.3, no
No person
shall offer a | 10 |
| 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 | 12 |
| purchaser a
copy of the lease applicable to the respective | 13 |
| mobile home park.
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| (a) The park owner shall be required to offer to each | 15 |
| present and
future tenant a written lease for a term of not | 16 |
| less than 12 months,
unless the parties agree to a different | 17 |
| term subject to existing leases
which shall be continued | 18 |
| pursuant to their terms.
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| (b) Tenants in possession on the effective date of this Act | 20 |
| shall
have 30 days after receipt of the offer for a written | 21 |
| lease within which
to accept or reject such offer; during which | 22 |
| period, the rent may not be
increased or any other terms and | 23 |
| conditions changed, except as permitted
under this Act; | 24 |
| providing that if the tenant has not so elected he shall
vacate | 25 |
| within the 30 day period.
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| (c) The park owner shall notify his tenants in writing not | 27 |
| later
than 30 days after the effective date of this Act, that a | 28 |
| written lease
shall be available to the tenant and that such | 29 |
| lease is being offered in
compliance with and will conform to | 30 |
| the requirements of this Act.
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| (Source: P.A. 81-1509.)
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| (765 ILCS 745/6.3 new) | 2 |
| Sec. 6.3. Minimum lease terms of required written lease. If | 3 |
| a mobile home park is held or owned by a publicly traded entity | 4 |
| on any national stock or securities exchange, then the | 5 |
| following lease requirements shall apply:
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| (a) No person shall offer a mobile home or lot for rent | 7 |
| or
sale in a mobile home park without having first | 8 |
| exhibited to
the prospective tenant or purchaser a copy of | 9 |
| the lease
or sales agreement applicable to the respective | 10 |
| mobile home park. | 11 |
| (b) The park owner shall be required to offer to each
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| present and future tenant a written lease for a term of not
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| less than 2 years, unless the parties agree to a
different | 14 |
| term subject to existing leases which shall be
continued | 15 |
| pursuant to their terms. | 16 |
| (c) A prospective tenant who executes a lease pursuant | 17 |
| to
this Section may cancel the lease by notifying the park | 18 |
| owner
in writing within 5 business days after the | 19 |
| prospective
tenant's execution of the lease. The park owner | 20 |
| shall return
any down payment, security deposit, or rent | 21 |
| paid by the
prospective tenant within 10 days after | 22 |
| receiving the written
cancellation. If the park owner | 23 |
| enters into an agreement to
sell a mobile home to a | 24 |
| prospective tenant or lease it to a
prospective tenant with | 25 |
| an option to purchase, the prospective
tenant may cancel | 26 |
| the sale or lease-purchase agreement along
with the lease | 27 |
| by notifying the park owner in writing within 5
business | 28 |
| days after the prospective tenant's execution of the
lease. | 29 |
| The park owner shall, within 10 days after receiving the
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| written cancellation, refund all consideration paid by the
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| prospective tenant and cancel any debt relating to the | 32 |
| purchase
or lease of the mobile home. | 33 |
| (d) The maximum amount that a park owner may recover as
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| damages for a tenant's early termination of a lease is 2 | 35 |
| months
rent. However, if the lot is leased to another | 36 |
| tenant within 20
days of vacating, the damages shall be a |
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| maximum of rent for
one month. | 2 |
| (e) In the lease, the park owner shall fully and | 3 |
| clearly
set forth the amounts or methods of determining any | 4 |
| rental
increases for any and all renewals of the lease. | 5 |
| (f) The park owner shall not charge or impose upon a | 6 |
| tenant
any fee or increase in rent which reflects the cost | 7 |
| to the park
owner of any fine, forfeiture, penalty, money | 8 |
| damages, or fee
assessed or awarded by a court of law | 9 |
| against the park owner,
including any attorney's fees and | 10 |
| costs incurred by the park
owner in connection therewith. | 11 |
| (g) Tenants in possession on the effective date of this
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| amendatory Act of the 94th General Assembly shall have 30 | 13 |
| days after receipt of the offer for a written
lease within | 14 |
| which to accept or reject such offer; during which
period, | 15 |
| the rent may not be increased or any other terms and
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| conditions changed, except as permitted under this Act;
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| providing that if the tenant has not so elected he shall | 18 |
| vacate
within the 30 day period. | 19 |
| (h) The park owner shall notify its tenants in writing
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| not later than 30 days after the effective date of this | 21 |
| amendatory Act of the 94th General Assembly,
that a written | 22 |
| lease shall be available to the tenant and that
such lease | 23 |
| is being offered in compliance with and will conform
to the | 24 |
| requirements of this amendatory Act of the 94th General | 25 |
| Assembly. | 26 |
| (i) If a tenant leaves a mobile home park temporarily
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| because of illness or disability, the park owner shall | 28 |
| allow a
relative or relatives, designated by the tenant or | 29 |
| the tenant's
guardian or representative, to live in the | 30 |
| home until such time
as the tenant is able to return, so | 31 |
| long as the terms of the
lease continue to be met. | 32 |
| (j) Renewal of lease. At the expiration of a lease, | 33 |
| including one that is a
renewal of a previous lease, the | 34 |
| lease shall be renewed
automatically for a term of 2 years | 35 |
| with the same terms as the
previous lease, unless: | 36 |
| (1) the tenant notifies the park owner 30 days |
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| prior to
the expiration of the lease that he or she | 2 |
| does not intend
to renew the lease; | 3 |
| (2) the park owner notifies the tenant 30 days | 4 |
| prior to
the expiration of the lease that the lease | 5 |
| will not be
renewed and specifies in writing one or | 6 |
| more of the
following reasons: violation of park rules; | 7 |
| violation of
health and safety codes; or irregular or | 8 |
| non-payment of
rent; | 9 |
| (3) the park owner seeks to change the terms of the
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| agreement pursuant to subsections (k), (l), and (m), in
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| which case the procedures set forth in those | 12 |
| subsections
shall apply; or | 13 |
| (4) the park owner elects to cease the operation of
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| either all or a portion of the mobile home park. The
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| tenants shall be entitled to at least 12 months notice | 16 |
| of
the cessation of operations. If 12 months or more | 17 |
| remain on
the existing lease at the time of notice, the | 18 |
| tenant is
entitled to the balance of the term of his or | 19 |
| her lease. If
there are less than 12 months remaining | 20 |
| in the term of his
or her lease, the tenant is entitled | 21 |
| to the balance of his
or her lease plus a written | 22 |
| month-to-month tenancy, at the
expiring lease rate to | 23 |
| provide him or her with a full 12
months notice. | 24 |
| (k) Six months prior to the expiration of the lease, | 25 |
| the
park owner shall offer the tenant a renewal lease with | 26 |
| a term
of at least 2 years with the proposed rental amount | 27 |
| and any fee
or other lease changes for that term. | 28 |
| (l) If the tenant does not accept the new terms, the | 29 |
| tenant
may initiate a binding appraisal process whereby a | 30 |
| State certified general real estate appraiser, licensed | 31 |
| pursuant to the Real
Estate Licensing Act of 2002, agreed | 32 |
| to by the tenant and park owner
shall determine the fair | 33 |
| market value of the rent and other fees over the
next 2 | 34 |
| years, based on the existing leases of other tenants in the | 35 |
| same mobile home park and any discount that is necessary to | 36 |
| reflect any future change in land use that the park owner |
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| has announced. The amount determined by the appraiser, | 2 |
| including any built-in increases, shall be binding for the | 3 |
| next 2 year period. | 4 |
| (m) A tenant whose existing lease does not comply with | 5 |
| this Section shall, as soon as practical, be offered a 2 | 6 |
| year lease that complies with this Act, effective on the | 7 |
| termination of the existing lease. If the tenant does not | 8 |
| accept the terms of the lease, the tenant may initiate a | 9 |
| binding appraisal process, whereby a State certified | 10 |
| general real estate appraiser, licensed pursuant to the | 11 |
| Real Estate Licensing Act of 2002, agreed to by the tenant | 12 |
| and park owner shall determine the fair market value of the | 13 |
| rent and other fees over the next 2 years, based on new | 14 |
| leases of other tenants in the same mobile home park and, | 15 |
| if necessary, leases in comparable mobile home parks. | 16 |
| (n) All notices required under this Section shall be by | 17 |
| certified mail or personal service.
Certified mail shall be | 18 |
| deemed to be effective upon the date of mailing. | 19 |
| (o) A tenant has 60 days from receipt of the renewal | 20 |
| notice
to initiate the binding appraisal process. If the | 21 |
| appraisal process extends
beyond the term of the original | 22 |
| lease term, the tenant shall be a hold-over
on a | 23 |
| month-to-month lease under the terms of the original lease | 24 |
| and the park
owner shall be prohibited from taking any | 25 |
| action inconsistent with that original lease. | 26 |
| (p) If the tenant or tenant association and the park | 27 |
| owner fail to select an
appraiser, pursuant to subsections | 28 |
| (q) or (r), the circuit court in the county where the park | 29 |
| is located, upon application of the park owner or tenant, | 30 |
| shall appoint the appraiser. | 31 |
| (q) The appraiser's decision shall be a signed written | 32 |
| document, with copies provided to both the park owner and | 33 |
| tenant. The appraiser's decision shall equitably apportion | 34 |
| expenses and fees incurred in the preparation of the | 35 |
| appraisal between the park owner and tenant. | 36 |
| (r) The park owner and tenant have the right in the |
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| appraisal procedure to be represented by attorneys, or in | 2 |
| the case of the tenant, by the tenant association. | 3 |
| (s) The park owner or tenant may seek court review of | 4 |
| an appraisal that was conducted pursuant to this Section. | 5 |
| The court may vacate or modify the appraiser's decision, | 6 |
| establish the fair market value of the land, or grant any | 7 |
| such other relief as the court deems just or appropriate. | 8 |
| (t) The provisions of this Section added by this | 9 |
| amendatory Act of the 94th General Assembly are mutually | 10 |
| dependent and inseverable. If any provision of this Section | 11 |
| is held invalid, then this entire Section is invalid.
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