Bill Amendment: IL SB1097 | 2021-2022 | 102nd General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

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Bill Title: REGULATION-TECH

Status: 2022-05-06 - Public Act . . . . . . . . . 102-0737 [SB1097 Detail]

Download: Illinois-2021-SB1097-Senate_Amendment_001.html

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Sen. Laura M. Murphy

Filed: 2/22/2022

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AMENDMENT TO SENATE BILL 1097
AMENDMENT NO. ______. Amend Senate Bill 1097 by replacing
everything after the enacting clause with the following:
"Section 5. The Mobile Home Landlord and Tenant Rights Act
is amended by changing Sections 6.5, 9, and 12 as follows:
(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 or manufactured home community:
(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;

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(4) information regarding late payments;
(5) information regarding any privilege tax that is
applicable;
(6) information regarding security deposits, including
the right to the return of security deposits and interest
as provided in Section 18 of this Act;
(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. If a formula
is used, the formula shall include the total fixed amount
determined by the formula, and, if applicable, the "not to
exceed" amount, stated in a clear dollar amount. These
increases may be in addition to all the non-controllable
expenses including, but not limited to, property taxes,
government assessments, utilities, and insurance;
(8) the name, address, and telephone number of the
legal entity that owns the manufactured home community or
mobile home park, and either: (a) the name, address, and
telephone number of the property manager or designated
agent for the manufactured home community or mobile home
park, if applicable; or (b) the address and telephone
number of the legal entity that owns the manufactured home
community or mobile home park, if the manufactured home

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community or mobile home park does not have a property
manager or designated agent; and
(9) information contained in any inspection notice
required to be posted under subsection (b) of Section 6.7
of this Act; and
(10) information regarding the right to a trial by
jury.
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. Within 20 days after the closing of a
purchase and sale of a manufactured home community or mobile
home park that results in a change in the owner, the purchaser
or the representative of the purchaser must provide written
notice to each homeowner of the new owner and either: (i) the
name, address, and telephone number of the property manager or
designated agent for the manufactured home community or mobile
home park; or (ii) the address and telephone number of the
legal entity that owns the manufactured home community or
mobile home park if the manufactured home community or mobile
home park does not have a property manager or designated
agent. The written notice may be provided by hand delivery to
the resident's home, by United States mail or a recognized
courier service, by posting in the office of the custodian of
the park or in the clubhouse or other area of the park where
park residents gather, or by posting on a community bulletin

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board.
The changes to this Section by this amendatory Act of the
98th General Assembly apply to disclosures made and changes of
ownership that take place on or after January 1, 2015.
(Source: P.A. 98-1062, eff. 1-1-15.)
(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 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,

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penalty, money damages, or fee was incurred as a result of the
tenant's actions.
The park owner shall not charge or impose upon a tenant a
pet fee unless a service related to the pet is offered by the
park owner and accepted by the tenant.
(Source: P.A. 95-383, eff. 1-1-08.)
(765 ILCS 745/12) (from Ch. 80, par. 212)
Sec. 12. Lease prohibitions. No lease hereafter executed
or currently existing between a park owner and tenant in a
mobile home park or manufactured home community in this State
shall contain any provision:
(a) Permitting the park owner to charge a penalty fee
for late payment of rent without allowing a tenant a
minimum of 5 days beyond the date the rent is due in which
to remit such payment;
(b) Permitting the park owner to charge an amount in
excess of one month's rent as a security deposit;
(c) Requiring the tenant to pay any fees not specified
in the lease;
(d) Permitting the park owner to transfer, or move, a
mobile home to a different lot, including a different lot
in the same mobile home park or manufactured home
community, during the term of the lease;
(e) Waiving the homeowner's right to a trial by jury.
The right to a trial by jury shall be disclosed in a lease.

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If one provision of a lease is invalid, that does not
affect the validity of the remaining provisions of the lease.
(Source: P.A. 98-1062, eff. 1-1-15.)".