Bill Text: IL HB2338 | 2023-2024 | 103rd General Assembly | Chaptered
Bill Title: Amends the Mobile Home Landlord and Tenant Rights Act. Requires a purchaser of a mobile home to obtain a written and signed lease from the park owner unless the purchaser elects to remove the mobile home from the mobile home park. Provides that if the purchaser elects to remove the mobile home, the person or entity that removes the mobile home shall be licensed in accordance with the Manufactured Home Installers Act and shall provide proof of insurance to the park owner as a named additional insured. Requires the purchaser and the park owner to establish a mutually agreed upon date and time for the removal of the mobile home. Requires the purchaser to remove the mobile home within 30 days of the date of purchase, satisfy any liens the owner of the mobile home park may have against the mobile home, indemnify the owner of the mobile home park against any injury to persons or damage to the mobile home park incurred as a result of the removal of the mobile home, and remove all debris from the lot on which the mobile home was located. Provides that if the purchaser fails to remove the mobile home within 30 days of the purchase, the purchaser must complete the mobile home park's application and execute the mobile home park's standard lease agreement. Provides that if the purchaser fails to meet qualifications for residency, the purchaser must sign a storage agreement and comply with the rules and regulations of the mobile home park. Effective immediately.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0432 [HB2338 Detail]
Download: Illinois-2023-HB2338-Chaptered.html
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| Public Act 103-0432 | ||||
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AN ACT concerning civil law.
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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 | ||||
is amended by changing Section 24 as follows:
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(765 ILCS 745/24) (from Ch. 80, par. 224)
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Sec. 24. Sale of Mobile Home. The park owner shall be | ||||
enjoined and
restrained from prohibiting, limiting, | ||||
restricting, obstructing, or in
any manner interfering with | ||||
the freedom of any mobile home owner to:
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(a) Sell the his mobile home to a purchaser of the mobile | ||||
home owner's his choice, provided that
the park owner shall be | ||||
allowed to promulgate any general qualifications
or lawful | ||||
restrictions on park residents which limit or define the
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admission of entrants to the park. The purchaser, prior to | ||||
closing,
must obtain a written and signed lease unless the | ||||
purchaser elects to remove the mobile home from the mobile | ||||
home park. If the purchaser elects to remove the mobile home, | ||||
the person or entity that removes the mobile home shall be | ||||
licensed in accordance with the Manufactured Home Installers | ||||
Act and shall provide proof of insurance to the park owner as a | ||||
named additional insured. The purchaser and the park owner | ||||
shall establish a mutually agreed upon date and time for the | ||||
removal of the mobile home. The purchaser shall remove the | ||
mobile home within 30 days of the date of purchase, satisfy any | ||
liens the owner of the mobile home park may have against the | ||
mobile home, indemnify the owner of the mobile home park | ||
against any injury to persons or damage to the mobile home park | ||
incurred as a result of the removal of the mobile home, and | ||
remove all debris from the lot on which the mobile home was | ||
located. If the purchaser fails to remove the mobile home | ||
within 30 days of the purchase, the purchaser must complete | ||
the mobile home park's application and execute the mobile home | ||
park's standard lease agreement. If the purchaser fails to | ||
meet qualifications for residency, the purchaser must sign a | ||
storage agreement, approved by the mobile home park owner, and | ||
comply with the rules and regulations of the mobile home park;
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(b) Employ or secure the services of an independent | ||
salesperson in
connection with the sale of said mobile home, | ||
providing that said
salesperson collects and remits all | ||
governmental taxes.
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The park owner is prohibited from imposing any fee, | ||
charge,
or commission for the sale of a mobile home, except | ||
when a mobile home owner
requests the park owner or his agent | ||
of the park owner to
assist in securing a purchaser for the his | ||
mobile home. A commission may be
accepted for such service | ||
subject only to the following conditions:
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(1) That the exact amount of commission or fee shall be a | ||
percentage
of the actual sales price of the mobile home; and
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(2) That the maximum percentage figure for the services in | ||
the
resale of the mobile home by the park owner or his agent of | ||
the park owner shall be set forth
in writing prior to the sale.
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The park owner is prohibited from requiring, upon the sale | ||
by a tenant
of a mobile home to a qualified purchaser, the | ||
removal from the park of
such mobile home unless the mobile | ||
home is less than 12 feet wide or is
significantly | ||
deteriorated and in substantial disrepair, in which case the
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park owner shall bear the burden of demonstrating such fact | ||
and must, prior
to sale, have given the tenant written notice | ||
thereof, and that unless
first corrected, removal will be | ||
required upon sale.
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(Source: P.A. 85-998.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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