Bill Text: IL SB0032 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Mobile Home Landlord and Tenant Rights Act. Provides that a unit of local government, as defined in the Illinois Constitution, other than a municipality having a population of 1,000,000 or more inhabitants, may enact and enforce an ordinance that restricts the ability of a mobile home park owner to increase rent, fees, or other charges if the park owner fails to correct health or life safety violations. Provides that a park owner who increases rent, fees, or other charges imposed upon a tenant in violation of an ordinance enacted under the new provisions shall be liable to that tenant for all damages and attorney's fees reasonably incurred as a result of the park owner's violation.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2019-03-05 - Added as Chief Co-Sponsor Sen. Laura M. Murphy [SB0032 Detail]

Download: Illinois-2019-SB0032-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0032

Introduced 1/10/2019, by Sen. Melinda Bush

SYNOPSIS AS INTRODUCED:
765 ILCS 745/6.7

Amends the Mobile Home Landlord and Tenant Rights Act. Provides that a unit of local government, as defined in the Illinois Constitution, other than a municipality having a population of 1,000,000 or more inhabitants, may enact and enforce an ordinance that restricts the ability of a mobile home park owner to increase rent, fees, or other charges if the park owner fails to correct health or life safety violations. Provides that a park owner who increases rent, fees, or other charges imposed upon a tenant in violation of an ordinance enacted under the new provisions shall be liable to that tenant for all damages and attorney's fees reasonably incurred as a result of the park owner's violation.
LRB101 02872 LNS 47880 b

A BILL FOR

SB0032LRB101 02872 LNS 47880 b
1 AN ACT concerning civil law.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Mobile Home Landlord and Tenant Rights Act
5is amended by changing Section 6.7 as follows:
6 (765 ILCS 745/6.7)
7 Sec. 6.7. Violations; inspection reports; postings;
8penalty.
9 (a) Any nonconformance with a statute, rule, or ordinance
10applicable to the mobile home park or manufactured home
11community constitutes a violation. The authority having
12jurisdiction shall identify violations in an inspection
13report. The inspection report shall be served upon the park
14owner or managing agent in person or by certified United States
15mail, return receipt requested, postage prepaid.
16 (b) The park owner or its managing agent shall post in a
17conspicuous place any inspection report received from the
18authority having jurisdiction regarding health and life safety
19violations as defined in rules promulgated by the Illinois
20Department of Public Health. The inspection report shall be
21posted beginning the business day after the date by which the
22violation or violations must be corrected as set forth in the
23inspection report issued by the authority having jurisdiction.

SB0032- 2 -LRB101 02872 LNS 47880 b
1The posting may be removed only when:
2 (1) the authority having jurisdiction has issued
3 written authorization to remove the posting; or
4 (2) the park owner or its managing agent has corrected
5 the violation or violations, served notice to the authority
6 having jurisdiction that the violation or violations have
7 been corrected by submitting such documentation or
8 affidavit as may be necessary to substantiate the
9 correction by certified United States mail, return receipt
10 requested, postage prepaid, and no less than 15 days have
11 expired from the mailing date of the notice to the
12 authority having jurisdiction.
13 (c) Nothing in this Act may be construed to diminish,
14impair, or otherwise affect the authority of the authority
15having jurisdiction to charge violations under the Mobile Home
16Park Act or any other statute, rule, or ordinance applicable to
17the mobile home park or manufactured home community.
18 (d) Failure to comply with the requirements of this Section
19subjects the park owner or managing agent to a $250 penalty.
20The penalty shall be payable to the authority having
21jurisdiction which issued the inspection report citing
22violations.
23 (e) For purposes of enforcement of this Section by the
24Illinois Department of Public Health, the Illinois
25Administrative Procedure Act is hereby expressly adopted. The
26Illinois Department of Public Health has the authority to

SB0032- 3 -LRB101 02872 LNS 47880 b
1promulgate rules to enforce this Section.
2 (f) For purposes of enforcement of this Section by any
3authority having jurisdiction other than the Illinois
4Department of Public Health, the authority having jurisdiction
5has the authority to adopt ordinances to enforce this Section.
feedback