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

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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-Chaptered.html

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Public Act 098-1062
HB4123 Enrolled LRB098 15679 RPS 50710 b
AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Mobile Home Landlord and Tenant Rights Act
is amended by changing Sections 3, 6.5, 12, and 18 and by
adding Sections 6.6 and 6.7 as follows:
(765 ILCS 745/3) (from Ch. 80, par. 203)
Sec. 3. Definitions. Unless otherwise expressly defined,
all terms in this Act shall be construed to have their
ordinarily accepted meanings or such meaning as the context
therein requires.
(a) "Person" means any legal entity, including but not
limited to, an individual, firm, partnership, association,
trust, joint stock company, corporation or successor of any of
the foregoing.
(b) "Manufactured home" means a factory-assembled,
completely integrated structure designed for permanent
habitation, with a permanent chassis, and so constructed as to
permit its transport, on wheels temporarily or permanently
attached to its frame, and is a movable or portable unit that
is (i) 8 body feet or more in width, (ii) 40 body feet or more
in length, and (iii) 320 or more square feet, constructed to be
towed on its own chassis (comprised of frame and wheels) from

the place of its construction to the location, or subsequent
locations, at which it is installed and set up according to the
manufacturer's instructions and connected to utilities for
year-round occupancy for use as a permanent habitation, and
designed and situated so as to permit its occupancy as a
dwelling place for one or more persons. The term shall include
units containing parts that may be folded, collapsed, or
telescoped when being towed and that may be expected to provide
additional cubic capacity, and that are designed to be joined
into one integral unit capable of being separated again into
the components for repeated towing. The term excludes campers
and recreational vehicles.
(c) "Mobile Home Park" or "Park" means a tract of land or 2
contiguous tracts of land that contain sites with the necessary
utilities for 5 or more mobile homes or manufactured homes. A
mobile home park may be operated either free of charge or for
revenue purposes.
(d) "Park Owner" means the owner of a mobile home park and
any person authorized to exercise any aspect of the management
of the premises, including any person who directly or
indirectly receives rents and has no obligation to deliver the
whole of such receipts to another person.
(e) "Tenant" means any person who occupies a mobile home
rental unit for dwelling purposes or a lot on which he parks a
mobile home for an agreed upon consideration.
(f) "Rent" means any money or other consideration given for

the right of use, possession and occupancy of property, be it a
lot, a mobile home, or both.
(g) "Master antenna television service" means any and all
services provided by or through the facilities of any closed
circuit coaxial cable communication system, or any microwave or
similar transmission services other than a community antenna
television system as defined in Section 11-42-11 of the
Illinois Municipal Code.
(h) "Authority having jurisdiction" means the Illinois
Department of Public Health or a unit of local government
specifically authorized by statute, rule, or ordinance to
enforce this Act or any other statute, rule, or ordinance
applicable to the mobile home park or manufactured home
community.
(i) "Managing agent" means any person or entity responsible
for the operation, management, or maintenance of a mobile home
park or manufactured home community.
(Source: P.A. 96-1477, eff. 1-1-11.)
(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;
(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 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; 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 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.
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 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. 95-383, eff. 1-1-08.)
(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, then: (i)
the park owner shall provide written notice of the commencement
of the bankruptcy or foreclosure to the tenant within 30 days
of process having been properly served upon the park owner
notifying the park owner of the commencement of the case or
proceeding, or, with respect to a voluntary petition filed by
the park owner under Title 11 of the United States Code, within
30 days of the park owner's filing of the petition; and (ii)
the receiver shall notify all tenants of the park of its
appointment in accordance with the provisions of subsection (f)
of Section 15-1704 of the Code of Civil Procedure. The park
owner shall cause the written notice from the park owner
required by subclause (i) of the immediately preceding sentence
to be served by delivering a copy to the known occupant or by
leaving the notice with some person of the age of 13 years or
upwards who is residing on or in the leased premises or who is

in possession of the leased premises or by sending a copy of
the notice to the known occupant by first-class mail addressed
to the occupant by the name known to the park owner.
(765 ILCS 745/6.7 new)
Sec. 6.7. Violations; inspection reports; postings;
penalty.
(a) Any nonconformance with a statute, rule, or ordinance
applicable to the mobile home park or manufactured home
community constitutes a violation. The authority having
jurisdiction shall identify violations in an inspection
report. The inspection report shall be served upon the park
owner or managing agent in person or by certified United States
mail, return receipt requested, postage prepaid.
(b) The park owner or its managing agent shall post in a
conspicuous place any inspection report received from the
authority having jurisdiction regarding health and life safety
violations as defined in rules promulgated by the Illinois
Department of Public Health. The inspection report shall be
posted beginning the business day after the date by which the
violation or violations must be corrected as set forth in the
inspection report issued by the authority having jurisdiction.
The posting may be removed only when:
(1) the authority having jurisdiction has issued
written authorization to remove the posting; or
(2) the park owner or its managing agent has corrected

the violation or violations, served notice to the authority
having jurisdiction that the violation or violations have
been corrected by submitting such documentation or
affidavit as may be necessary to substantiate the
correction by certified United States mail, return receipt
requested, postage prepaid, and no less than 15 days have
expired from the mailing date of the notice to the
authority having jurisdiction.
(c) Nothing in this Act may be construed to diminish,
impair, or otherwise affect the authority of the authority
having jurisdiction to charge violations under the Mobile Home
Park Act or any other statute, rule, or ordinance applicable to
the mobile home park or manufactured home community.
(d) Failure to comply with the requirements of this Section
subjects the park owner or managing agent to a $250 penalty.
The penalty shall be payable to the authority having
jurisdiction which issued the inspection report citing
violations.
(e) For purposes of enforcement of this Section by the
Illinois Department of Public Health, the Illinois
Administrative Procedure Act is hereby expressly adopted. The
Illinois Department of Public Health has the authority to
promulgate rules to enforce this Section.
(f) For purposes of enforcement of this Section by any
authority having jurisdiction other than the Illinois
Department of Public Health, the authority having jurisdiction

has the authority to adopt ordinances to enforce this Section.
(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.
If one provision of a lease is invalid, that does not
affect the validity of the remaining provisions of the lease.
(Source: P.A. 85-607.)
(765 ILCS 745/18) (from Ch. 80, par. 218)
Sec. 18. Security deposit; Interest.

(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

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 banks,
savings banks, or credit unions, the accounts of which are
insured by the Federal Deposit Insurance Corporation, the
National Credit Union Administration Share Insurance Fund, or
other applicable entity under law. A security deposit and the

interest due under subsection (b) of this Section is the
property of the tenant until the deposit is 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.)