Bill Text: IL SB1996 | 2011-2012 | 97th General Assembly | Amended

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

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Bill Title: Amends the Residential Real Property Disclosure Act. Makes a technical change in a Section concerning completion and delivery of the seller's disclosure statement.

Spectrum: Moderate Partisan Bill (Democrat 7-2)

Status: (Passed) 2011-08-23 - Public Act . . . . . . . . . 97-0536 [SB1996 Detail]

Download: Illinois-2011-SB1996-Amended.html

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Sen. Michael Noland

Filed: 3/11/2011

09700SB1996sam001 LRB097 10234 AJO 52368 a
AMENDMENT TO SENATE BILL 1996
AMENDMENT NO. ______. Amend Senate Bill 1996 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 3 and 6.5 and by adding
Sections 8.6, 8.7, 8.8, and 8.9 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,

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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

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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) "Mobile home owner" means the owner of a mobile home.
(i) "Displaced mobile home owner" means the owner of a
mobile home which is located on a site in a mobile home park
that is ceasing operation as described in Section 8.6.
(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:
(1) the rent charged for the mobile home or lot in the

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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; and
(8) information regarding the Mobile Home Owner Trust
Fund.
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.

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(Source: P.A. 95-383, eff. 1-1-08.)
(765 ILCS 745/8.6 new)
Sec. 8.6. Cessation of park operation.
(a) The owner of a mobile home park that is ceasing
operation must pay to a displaced mobile home owner the
relocation costs to relocate the mobile home or the appraised
value of the mobile home. Relocation costs shall include the
costs of disconnecting and moving the home to a different park
or other location selected by the displaced mobile home owner
within a 100 mile radius of the park, reconnecting the home
with all hook-ups so that it is substantially in the same
condition as before the move, with any required and comparable
appurtenances, and the reasonable costs of suitable lodging
until the move and installation are completed.
(b) The appraised value of the mobile home shall be the
fair market value of the home and any existing appurtenances
but excluding the value of the underlying land, determined by
an independent appraiser agreed to by the park owner and the
displaced mobile home owner. In making the determination, the
appraiser shall assess the fair market value based on the price
that a willing and able buyer intending to reside in the home
would pay for the home and any existing appurtenances, but
excluding the value of the underlying land, and shall assume
that the home is and will continue to be located on a lot which
is leased in a duly licensed mobile home park, with all

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hook-ups and existing appurtenances in place for use and
occupancy by the resident.
(c) A displaced mobile home owner shall not be entitled to
compensation when:
(1) the park owner moves the mobile home to another
space in the mobile home park or to another mobile home
park at the park owner's expense;
(2) the displaced mobile home owner is vacating the
premises and has informed the park owner or manager before
notice of the change in use has been given; or
(3) the displaced mobile home owner or the person
residing in the mobile home has a pending eviction action
for non-payment of lot rent amount against him or her prior
to the mailing date of the notice of an application for a
change in zoning of the mobile home park provided that, if
a judgment for possession of the premises is not entered in
favor of the park owner, this exception shall not apply.
(d) Payment of the appraised value or of the estimated
relocation costs, as the case may be, shall be made to the
displaced mobile home owner no later than the departure of the
displaced mobile home owner from the park, with adjustments
made for the total actual relocation costs upon completion of
the relocation.
(e) The owner of a mobile home park shall notify in writing
each tenant and, if a home owners association has been
established, the directors of the association, of any

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application for a change in zoning of the mobile home park
within 5 days after the filing for such a zoning change with
the zoning authority. The tenants are entitled to all rights
under State and local zoning laws and regulations that are
extended to owners of land that abuts the real estate parcel
that makes up the mobile home park.
(f) The closure statement in the park closure notice
required by Section 8.5 must include the following language in
a font no smaller than 14, "YOU MAY BE ENTITLED TO COMPENSATION
FROM THE ILLINOIS MOBILE HOME RELOCATION TRUST ADMINISTERED BY
THE DEPARTMENT OF PUBLIC HEALTH."
(765 ILCS 745/8.7 new)
Sec. 8.7. Illinois Mobile Home Relocation Trust Fund.
(a) The Illinois Mobile Home Relocation Trust Fund is
established and the Department of Public Health shall
exclusively use the Fund to provide assistance for the
relocation of displaced mobile home owners. All interest earned
from the investment or deposit of moneys in the Trust Fund must
be deposited into the Trust Fund.
(b) Moneys in the Trust Fund may be used only:
(1) to pay the administrative costs of the Fund; and
(2) to carry out the objectives of assisting displaced
mobile home owners when the park owner intends to change
the use of all or part of the land on which the mobile home
park is located.

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(c) After notifying the tenants in a park owner's mobile
home park that the park owner intends to change the land use or
to convert the park pursuant to Section 8.5, if the park owner
does not change the land use or convert the park within 3 years
after the date of the notification, or if the Department finds
there is prima facie evidence that the owner did not intend in
good faith to change the land use, the park owner shall within
30 days of the date that the Department provides written notice
to the park owner of the prima facie evidence determination,
reimburse the Mobile Home Relocation Trust Fund for whatever
moneys the Department has expended from the Trust Fund with
respect to that mobile home park, along with an amount that is
equal to two times the amount of the interest allowed on a
judgment that would have been earned on the moneys expended in
the period between the time that the moneys were expended from
the Trust Fund until the amount is reimbursed. The date of the
mailing of the notice of the prima facie evidence determination
by the Department is deemed to be the date that a park owner is
notified about reimbursing the Mobile Home Relocation Trust
Fund. However, if the park owner, with due diligence, has not
been able to complete the change-in-use process within 3 years,
the Department may grant a reasonable extension to the park
owner to complete the process.
(d) The cap on the Trust Fund is $10 million. The cap may
be adjusted, eliminated, or reinstated by the Department.
(e) If the Trust Fund ceases to exist, the moneys in the

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fund held at the time of dissolution must be liquidated by
paying the total amount of the Fund, on a per capita basis, to
the each tenant of a rented lot in a mobile home community in
Illinois who has occupied the lot for at least the 12 months
immediately prior to the time of the dissolution.
(f) Monthly fee.
(1) The Department shall set a $1 monthly fee for
deposit in the Trust Fund for each rented lot in a mobile
home park. The Department may adjust, eliminate, or
reinstate the assessment, and shall notify park owners and
tenants of each adjustment, elimination, or reinstatement
pursuant to regulations. If the Department adjusts the
amount of the assessment upward, it may not exceed $3 per
month.
(2) The park owner shall collect the tenant's portion
of the fee on a monthly basis as additional rent. The park
owner shall remit to the Trust Fund the tenant's fee on a
quarterly basis. The park owner is responsible for
safeguarding all assessments it collects. The Department
may place a lien against the property of any park owner who
is required to pay the assessment to the Trust Fund, but
fails to do so. A fee is not due or collectable for a
vacant lot.
(3) If a lot is rented for any portion of a month, the
full monthly assessment must be paid to the Trust Fund.
(4) If a lease contains a capping provision which

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limits the amount by which rent may be increased, the Trust
Fund assessment is deemed not to be rent for purposes of
rent increases.
(g) The Trust Fund must be audited annually. If the State
Auditor performs the audit, the Trust Fund shall pay to the
State from the Trust Fund the cost of the audit. The completed
audit must be made available to the public by placing it on a
website, by offering it as a hard copy for a fee which reflects
reasonable reproduction cost, or in some other manner
determined by the Department.
(h) The Department shall make available to the public, at
least on a quarterly basis, the amount of the payment from the
Trust Fund made to each displaced mobile home owner, along with
a description of the property related to the payment and the
reason for the payment.
(765 ILCS 745/8.8 new)
Sec. 8.8. Relocation expense payments.
(a) In addition to the relocation payment from the park
owner required by Section 8.6, if a park owner elects to cease
the operation of either all or a portion of the mobile home
park, each displaced mobile home owner as defined in Section 3
who is required to relocate and who complies with the
requirements of this Act, is entitled to payment from the Trust
Fund. The park owner, at the displaced mobile home owner's
election, shall pay either one-half of the displaced mobile

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home owner's actual relocation costs or one-half the appraised
value of the mobile home, as those terms are defined by
subsections (b) and (c) to the Trust Fund.
(b) In lieu of collecting payment from the Trust Fund
pursuant to subsection (a), a displaced mobile home owner may
abandon the mobile home in the mobile home park and collect
from the Trust Fund no less than $3,500 for a single-section
home or $7,500 for a multi-section home, as long as the
displaced mobile home owner delivers to the Department a
current State of Illinois title to the mobile home duly
endorsed by the owner or owners of record, valid releases of
all liens shown on the title, and a tax release. The park owner
shall pay $3,500 for a single-section and $7,500 for a
multi-section to the Trust Fund that is abandoned pursuant to
this subsection.
(c) The figures for single-section and multi-section
mobile homes shall be adjusted every 3 years, beginning on
January 1, 2013, by the percentage change since the figure was
last set or adjusted in the Consumer Price Index for All Urban
Consumers for all items published by the United States
Department of Labor.
(d) Except as provided for abandonment in subsection (b),
in order to obtain payment from the Trust Fund for the
relocation of a mobile home, a displaced mobile home owner must
submit to the Department, with a copy to the park owner, an
application for payment which includes:

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(1) a copy of the park closure notice as required by
Section 8.5; and
(2) a contract with a licensed moving and installer
contractor for the moving expenses for the mobile home.
(e) The Department shall approve or reject payment to a
moving or towing contractor within 30 days after receipt of the
information required by this Section, and forward a copy of the
approval or rejection to the displaced mobile home owner, with
a voucher for payment if payment is approved.
(765 ILCS 745/8.9 new)
Sec. 8.9. Payment of funds to homeowners.
(a) When a payment from the Trust Fund to a displaced
mobile home owner is authorized by the Department, the
Department shall issue a check in a designated amount to the
named displaced mobile home owner.
(b) If the Trust Fund does not have sufficient moneys to
make a payment to a displaced mobile home owner pursuant to
this Section, the Department shall issue a written promissory
note to the displaced mobile home owner for funds due and
owing. A promissory note may be redeemed in order of issuance
of the notes as additional moneys come into the Trust Fund.
(c) It is a Class A misdemeanor for a displaced mobile home
owner or his or her agent to file any notice, statement, or
other document required under this Act which is false or
contains a material misstatement of fact.

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Section 97. Severability. The provisions of this Act are
severable under Section 1.31 of the Statute on Statutes.".