Bill Text: IL HB4123 | 2013-2014 | 98th General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Code of Civil Procedure. Makes a technical change in the short title Section.

Spectrum: Strong Partisan Bill (Democrat 45-3)

Status: (Passed) 2014-08-26 - Public Act . . . . . . . . . 98-1062 [HB4123 Detail]

Download: Illinois-2013-HB4123-Amended.html

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Rep. Martin J. Moylan

Filed: 4/8/2014

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AMENDMENT TO HOUSE BILL 4123
AMENDMENT NO. ______. Amend House Bill 4123, AS AMENDED, 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, 12, and 18 and by adding
Sections 6.6 and 6.7 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:
(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

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to the base rent;
(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; and
(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. 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 of the owner of 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; or (b) the address and telephone number
of the owner of 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; and
(9) information contained in any uncured violation, as

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defined in subsection (a) of Section 6.7 of this Act,
existing as of the date the written disclosure under this
Section is provided.
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
owner of 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 board.
The changes to this Section by this amendatory Act of the
98th General Assembly apply to disclosures made on or after
January 1, 2015.
(Source: P.A. 95-383, eff. 1-1-08.)

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(765 ILCS 745/6.6 new)
Sec. 6.6. Notice of bankruptcy or foreclosure proceedings.
If a bankruptcy case is commenced by or against a park owner by
the filing of a voluntary or involuntary petition under Title
11 of the United States Code, if a receiver is appointed by a
court of competent jurisdiction in a case filed by or against a
park owner, or if a foreclosure proceeding is initiated against
the park property by a creditor of the park owner, the park
owner shall provide written notice of the commencement of the
bankruptcy, receivership, or foreclosure to the tenant within
30 days of the commencement of the case or proceeding.
(765 ILCS 745/6.7 new)
Sec. 6.7. Department of Public Health violations.
(a) As used in this Section:
(1) "Department" means the Illinois Department of
Public Health or a local department of public health; and
(2) "uncured violation" means:
(A) a violation of the Mobile Home Park Act that
has been cited by the Department in a written notice to
the park owner and has not been rectified within the
time period allotted by the Department or, if no time
period is allotted, the applicable time period
allotted by the applicable law or regulation pursuant
to which the violation was issued; or

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(B) an ongoing enforcement action by the
Department against the park pertaining to any cited
violations described in subparagraph (A) of this
paragraph.
(b) A park owner shall provide written notice of an uncured
violation by posting the notice in the office of the custodian
of the park or in the clubhouse or other area of the park where
park residents gather or on a community bulletin board.
(c) If the park owner or managing agent of the park
reasonably believes that the uncured violation has been cured
or was issued in error or if the Department confirms in writing
that the violation has been rectified, the park owner or
managing agent of the park may remove the notice required by
subsection (b) of this Section from the areas described in
subsection (b) of this Section and is not required to include
the notice with the disclosures made pursuant to Section 6.5 of
this Act.
(d) If an impartial hearing examiner appointed by the
Director of Public Health determines that a park owner has
violated the requirements of this Section or failed to make a
disclosure required by paragraph (9) of Section 6.5 of this
Act, then the park owner is liable only for the payment of a
fine in an amount determined by the examiner, not to exceed
$250 for each violation. The park owner or the representative
of the park owner shall not be subject to other civil or
criminal liability to this State, any other instrumentality or

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government, or any individual.
(e) Any notice provided by the Department of Public Health
or by or on behalf of the park owner under this Section shall
be mailed via United States certified mail, return receipt
requested, postage prepaid.
(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 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, during the term of the lease; .
(e) Waiving the tenant's right to a trial by jury.
(Source: P.A. 85-607.)
(765 ILCS 745/18) (from Ch. 80, par. 218)
Sec. 18. Security deposit; Interest.

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(a) If the lease requires the tenant to provide any deposit
with the park owner for the term of the lease, or any part
thereof, said deposit shall be considered a Security Deposit.
Security Deposits shall be returned in full to the tenant,
provided that the tenant has paid all rent due in full for the
term of the lease and has caused no actual damage to the
premises.
The park owner shall furnish the tenant, within 15 days
after termination or expiration of the lease, an itemized list
of the damages incurred upon the premises and the estimated
cost for the repair of each item. The tenant's failure to
object to the itemized list within 15 days shall constitute an
agreement upon the amount of damages specified therein. The
park owner's failure to furnish such itemized list of damages
shall constitute an agreement that no damages have been
incurred upon the premises and the entire security deposit
shall become immediately due and owing to the tenant.
The tenant's failure to furnish the park owner a forwarding
address shall excuse the park owner from furnishing the list
required by this Section.
(b) A park owner of any park regularly containing 25 or
more mobile homes shall pay interest to the tenant, on any
deposit held by the park owner, computed from the date of the
deposit at a rate equal to the interest paid by the largest
commercial bank, as measured by total assets, having its main
banking premises in this State on minimum deposit passbook

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savings accounts as of December 31 of the preceding year on any
such deposit held by the park owner for more than 6 months.
However, in the event that any portion of the amount deposited
is utilized during the period for which it is deposited in
order to compensate the owner for non-payment of rent or to
make a good faith reimbursement to the owner for damage caused
by the tenant, the principal on which the interest accrues may
be recomputed to reflect the reduction for the period
commencing on the first day of the calendar month following the
reduction.
The park owner shall, within 30 days after the end of each
12-month period, pay to the tenant any interest owed under this
Section in cash, provided, however, that the amount owed may be
applied to rent due if the owner and tenant agree thereto.
A park owner who willfully fails or refuses to pay the
interest required by this Act shall, upon a finding by a
circuit court that he willfully failed or refused to pay, be
liable for an amount equal to the amount of the security
deposit, together with court costs and a reasonable attorney's
fee.
(c) A park owner, as landlord, shall hold in trust all
security deposits received from a tenant in one or more
federally insured accounts in a bank, savings and loan
association, or other financial institution. A security
deposit and the interest due under subsection (b) of this
Section is the property of the tenant until the deposit is

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returned to the tenant or used to compensate, or applied to the
tenant's obligations to, the park owner, as landlord, in
accordance with the lease or applicable State and local law.
The security deposit shall not be commingled with the assets of
the park owner, and shall not be subject to the claims of any
creditor of the park owner or any party claiming an interest in
the deposit through the park owner, including a foreclosing
mortgagee or trustee in bankruptcy; provided that this
subsection does not prevent a foreclosing mortgagee, receiver,
or trustee from taking over control of the applicable bank
account holding the security deposits, which may include moving
the security deposits to another bank account meeting the
requirements of this Section, provided that the mortgagee,
receiver, or trustee:
(1) shall continue to hold the security deposits in
trust as provided in, and subject to, the provisions of
this Section; and
(2) is entitled to use a security deposit to
compensate, and apply a security deposit to discharge the
obligations of the tenant to, the park owner as permitted
by the lease or applicable State and local law.
(Source: P.A. 88-643, eff. 1-1-95.)".