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| Public Act 102-0737 | ||||
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AN ACT concerning regulation.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Mobile Home Landlord and Tenant Rights Act | ||||
is amended by changing Sections 6.5 and 9 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 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;
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(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. If a formula | ||
is used, the formula shall include the total fixed amount | ||
determined by the formula, and, if applicable, the "not to | ||
exceed" amount. 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 contact information name of the legal entity | ||
that owns the manufactured home community or mobile home | ||
park or, if applicable, the contact information , 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; and | ||
(10) information notifying a tenant that the tenant's | ||
right to trial by jury shall not be waived. | ||
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.
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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. | ||
The changes to this Section made by this amendatory Act of | ||
the 102nd General Assembly apply to disclosures made and | ||
changes of ownership that take place on or after January 1, | ||
2023. | ||
(Source: P.A. 98-1062, eff. 1-1-15.)
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(765 ILCS 745/9) (from Ch. 80, par. 209)
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Sec. 9. The Terms of Fees and Rents. The terms for payment | ||
of rent shall
be clearly set forth and all charges for | ||
services, ground or lot rent, unit
rent, or any other charges | ||
shall be specifically itemized in the lease and
in all | ||
billings of the tenant by the park owner.
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The owner shall not change the rental terms nor increase | ||
the cost of fees,
except as provided herein.
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The park owner shall not charge a transfer or selling fee | ||
as a condition
of sale of a mobile home that is going to remain | ||
within the park unless
a service is rendered.
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Rents charged to a tenant by a park owner may be increased | ||
upon the
renewal of a lease. Notification of an increase shall | ||
be delivered 90 days
prior to expiration of the lease.
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The park owner shall not charge or impose upon a tenant any | ||
fee or increase in rent which reflects the cost to the park | ||
owner of any fine, forfeiture, penalty, money damages, or fee | ||
assessed or awarded by a court of law against the park owner, | ||
including any attorney's fees and costs incurred by the park | ||
owner in connection therewith unless the fine, forfeiture, | ||
penalty, money damages, or fee was incurred as a result of the | ||
tenant's actions. | ||
The park owner shall not charge or impose a pet fee upon a | ||
resident that owns the home, unless a service related to the | ||
pet is offered by the park owner and accepted by the resident. | ||
A tenant of a home owned by the park owner may be subject to | ||
the imposition of a pet fee as agreed to in the lease.
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(Source: P.A. 95-383, eff. 1-1-08.)
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