Full Text of SB1097 102nd General Assembly
SB1097sam001 102ND GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 2/22/2022
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| 1 | | AMENDMENT TO SENATE BILL 1097
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1097 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Mobile Home Landlord and Tenant Rights Act | 5 | | is amended by changing Sections 6.5, 9, and 12 as follows: | 6 | | (765 ILCS 745/6.5) | 7 | | Sec. 6.5. Disclosure. A park owner must disclose in | 8 | | writing the following with every lease or sale and upon | 9 | | renewal of a lease of a mobile home or lot in a mobile home | 10 | | park or manufactured home community: | 11 | | (1) the rent charged for the mobile home or lot in the | 12 | | past 5 years; | 13 | | (2) the park owner's responsibilities with respect to | 14 | | the mobile home or lot; | 15 | | (3) information regarding any fees imposed in addition | 16 | | to the base rent; |
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| 1 | | (4) information regarding late payments; | 2 | | (5) information regarding any privilege tax that is | 3 | | applicable; | 4 | | (6) information regarding security deposits, including | 5 | | the right to the return of security deposits and interest | 6 | | as provided in Section 18 of this Act;
| 7 | | (7) information on a 3-year rent increase projection | 8 | | which includes the 2 years of the lease and the year | 9 | | immediately following. The basis for such rent increases | 10 | | may be a fixed amount, a "not to exceed" amount, a formula, | 11 | | an applicable index, or a combination of these | 12 | | methodologies as elected by the park owner. If a formula | 13 | | is used, the formula shall include the total fixed amount | 14 | | determined by the formula, and, if applicable, the "not to | 15 | | exceed" amount, stated in a clear dollar amount. These | 16 | | increases may be in addition to all the non-controllable | 17 | | expenses including, but not limited to, property taxes, | 18 | | government assessments, utilities, and insurance; | 19 | | (8) the name , address, and telephone number of the | 20 | | legal entity that owns the manufactured home community or | 21 | | mobile home park , and either: (a) the name, address, and | 22 | | telephone number of the property manager or designated | 23 | | agent for the manufactured home community or mobile home | 24 | | park , if applicable ; or (b) the address and telephone | 25 | | number of the legal entity that owns the manufactured home | 26 | | community or mobile home park, if the manufactured home |
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| 1 | | community or mobile home park does not have a property | 2 | | manager or designated agent; and | 3 | | (9) information contained in any inspection notice | 4 | | required to be posted under subsection (b) of Section 6.7 | 5 | | of this Act ; and | 6 | | (10) information regarding the right to a trial by | 7 | | jury . | 8 | | The park owner must update the written disclosure at least | 9 | | once per year. The park owner must advise tenants who are | 10 | | renewing a lease of any changes in the disclosure from any | 11 | | prior disclosure. Within 20 days after the closing of a | 12 | | purchase and sale of a manufactured home community or mobile | 13 | | home park that results in a change in the owner, the purchaser | 14 | | or the representative of the purchaser must provide written | 15 | | notice to each homeowner of the new owner and either: (i) the | 16 | | name, address, and telephone number of the property manager or | 17 | | designated agent for the manufactured home community or mobile | 18 | | home park; or (ii) the address and telephone number of the | 19 | | legal entity that owns the manufactured home community or | 20 | | mobile home park if the manufactured home community or mobile | 21 | | home park does not have a property manager or designated | 22 | | agent. The written notice may be provided by hand delivery to | 23 | | the resident's home, by United States mail or a recognized | 24 | | courier service, by posting in the office of the custodian of | 25 | | the park or in the clubhouse or other area of the park where | 26 | | park residents gather, or by posting on a community bulletin |
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| 1 | | board.
| 2 | | The changes to this Section by this amendatory Act of the | 3 | | 98th General Assembly apply to disclosures made and changes of | 4 | | ownership that take place on or after January 1, 2015. | 5 | | (Source: P.A. 98-1062, eff. 1-1-15 .)
| 6 | | (765 ILCS 745/9) (from Ch. 80, par. 209)
| 7 | | Sec. 9. The Terms of Fees and Rents. The terms for payment | 8 | | of rent shall
be clearly set forth and all charges for | 9 | | services, ground or lot rent, unit
rent, or any other charges | 10 | | shall be specifically itemized in the lease and
in all | 11 | | billings of the tenant by the park owner.
| 12 | | The owner shall not change the rental terms nor increase | 13 | | the cost of fees,
except as provided herein.
| 14 | | The park owner shall not charge a transfer or selling fee | 15 | | as a condition
of sale of a mobile home that is going to remain | 16 | | within the park unless
a service is rendered.
| 17 | | Rents charged to a tenant by a park owner may be increased | 18 | | upon the
renewal of a lease. Notification of an increase shall | 19 | | be delivered 90 days
prior to expiration of the lease.
| 20 | | The park owner shall not charge or impose upon a tenant any | 21 | | fee or increase in rent which reflects the cost to the park | 22 | | owner of any fine, forfeiture, penalty, money damages, or fee | 23 | | assessed or awarded by a court of law against the park owner, | 24 | | including any attorney's fees and costs incurred by the park | 25 | | owner in connection therewith unless the fine, forfeiture, |
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| 1 | | penalty, money damages, or fee was incurred as a result of the | 2 | | tenant's actions. | 3 | | The park owner shall not charge or impose upon a tenant a | 4 | | pet fee unless a service related to the pet is offered by the | 5 | | park owner and accepted by the tenant.
| 6 | | (Source: P.A. 95-383, eff. 1-1-08.)
| 7 | | (765 ILCS 745/12) (from Ch. 80, par. 212)
| 8 | | Sec. 12. Lease prohibitions. No lease hereafter executed | 9 | | or currently
existing between a park owner and tenant in a | 10 | | mobile home park or manufactured home community in this State
| 11 | | shall contain any provision:
| 12 | | (a) Permitting the park owner to charge a penalty fee | 13 | | for late payment
of rent without allowing a tenant a | 14 | | minimum of 5 days beyond the date the
rent is due in which | 15 | | to remit such payment;
| 16 | | (b) Permitting the park owner to charge an amount in | 17 | | excess of one month's
rent as a security deposit;
| 18 | | (c) Requiring the tenant to pay any fees not specified | 19 | | in the lease;
| 20 | | (d) Permitting the park owner to transfer, or move, a | 21 | | mobile home to a
different lot, including a different lot | 22 | | in the same mobile home park or manufactured home | 23 | | community,
during the term of the lease;
| 24 | | (e) Waiving the homeowner's right to a trial by jury. | 25 | | The right to a trial by jury shall be disclosed in a lease. |
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| 1 | | If one provision of a lease is invalid, that does not | 2 | | affect the validity of the remaining provisions of the lease. | 3 | | (Source: P.A. 98-1062, eff. 1-1-15 .)".
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