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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Mobile Home Park Act is amended by changing |
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| Sections 6 and 19
as follows:
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| (210 ILCS 115/6) (from Ch. 111 1/2, par. 716)
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| Sec. 6. In addition to the application fees provided for |
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| herein, the
licensee shall pay to the Department on or before |
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| March 31 of each year, an
annual license fee which shall be |
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| $100 plus $4
$3 for each mobile home space
in the park. Annual |
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| license fees submitted after April 30 shall be subject
to a $50 |
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| late fee. The licensee shall also complete and return a license
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| renewal application by March 31 of each year.
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| The licensee shall pay to the Department within 30 days of |
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| receipt of
notification from the Department $6 for each |
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| additional mobile
home site added to his park under authority |
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| of a written permit to alter
the park as provided in Section |
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| 4.2 of this Act, payment for the additional
mobile home sites |
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| to be made and an amended license therefor obtained
before any |
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| mobile homes are accommodated on the additional mobile home
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| spaces. The Department shall issue an amended license to cover |
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| such
additional mobile home sites, when they are to be occupied |
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| before the end
of the license year, for which an annual license |
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| has been previously issued.
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| Subsequent to the effective date of this Act, an applicant
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| for an original license to operate a new park constructed under |
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| a permit
issued by the Department shall only be required to pay |
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| 1/4 of the annual
fee if such park begins operation after the |
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| 31st day of January and before
the 1st day of May of such |
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| licensing year; or 1/2 of the annual fee if such
park begins |
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| operation after the 31st day of October and before the 1st day
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| of February of such licensing year or 3/4 of the annual fee if |
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| such park
begins operation after the 31st day of July and |
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| before the 1st day of
November of such licensing year; but |
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| shall be required to pay the entire
annual fee if such park |
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| begins operation after the 30th day of April and
before the 1st |
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| day of August of such licensing year.
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| Each license fee shall be paid to the Department and any |
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| license fee or
any part thereof, once paid to and accepted by |
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| the Department shall not be
refunded.
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| The Department shall deposit all funds received under this |
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| Act
into the Facility Licensing Fund. Subject to appropriation, |
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| moneys in
the Fund shall be used for the enforcement of this |
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| Act
in the
State Treasury .
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| (Source: P.A. 85-565.)
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| (210 ILCS 115/19) (from Ch. 111 1/2, par. 729)
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| Sec. 19. Violations; penalties.
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| (a) Whoever violates any provision of this Act, shall, |
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| except as
otherwise
provided, be guilty of a Class B |
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| misdemeanor. Each day's violation shall
constitute a separate |
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| offense. The State's Attorney of the county in which
the |
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| violation occurred, or the Attorney General shall bring such |
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| actions in
the name of the people of the State of Illinois, or |
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| may, in addition to
other remedies provided in this Act, bring |
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| action for an injunction to
restrain such violation, or to |
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| enjoin the operation of any such mobile home
park. |
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| (b) The Department may also impose an administrative |
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| monetary penalty against a person
who operates a mobile home |
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| park in violation of this Act or the rules adopted
under the |
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| authority of this Act. The Department shall establish the |
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| amount of the penalties by rule. The Department must provide |
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| the person with written notification of the
alleged violation |
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| and allow a minimum of 30 days for correction of the alleged |
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| violation before imposing an
administrative monetary penalty, |
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| unless the alleged violation involves life safety in which case |
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| the Department shall allow a minimum of 10 days for correction |
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| of the alleged life safety violation before imposing an |
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| administrative monetary penalty. The Department shall adopt |
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| rules defining violations that involve life safety.
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| In addition, before imposing an administrative monetary |
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| penalty under this subsection, the Department must provide the |
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| following to the person operating the mobile home park:
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| (1) Written notice of the person's right to request an |
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| administrative hearing on the question of the alleged |
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| violation.
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| (2) An opportunity to present evidence, orally or in |
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| writing or both, on the question of the alleged violation |
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| before an impartial hearing examiner appointed by the |
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| Director of Public Health.
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| (3) A written decision from the Director of Public |
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| Health, based on the evidence introduced at the hearing and |
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| the hearing examiner's recommendations, finding that the |
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| person violated this Act.
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| The Attorney General may bring an action in the circuit |
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| court to enforce the collection of an administrative monetary |
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| penalty imposed under this subsection.
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| The Department shall deposit all administrative monetary |
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| penalties collected under this subsection into the Facility |
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| Licensing Fund. Subject to appropriation, moneys in the Fund |
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| shall be used for the enforcement of this Act.
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| (Source: P.A. 78-255.)
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| Section 10. The Mobile Home Landlord and Tenant Rights Act |
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| is amended by changing Sections 6, 6.5, 8, and 9 and by adding |
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| Sections 6.3, 6.4, 8.5, and 9.5 as follows:
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| (765 ILCS 745/6) (from Ch. 80, par. 206)
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| Sec. 6. Obligation of Park Owner to Offer Written Lease. |
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| Except as provided in this Act, no
No person
shall offer a |
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| mobile home or lot for rent or sale in a mobile home park
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| without having first exhibited to the prospective tenant or |
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| purchaser a
copy of the lease applicable to the respective |
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| mobile home park , unless the prospective tenant waives this |
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| right in writing .
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| (a) The park owner shall be required , on a date before the |
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| date on which the lease is signed, to offer to each present and
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| future tenant a written lease for a term of not less than 24
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| months,
unless the prospective tenant waives that right and the |
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| parties agree to a different term subject to existing leases
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| which shall be continued pursuant to their terms.
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| (b) Tenants in possession on the effective date of this Act |
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| shall
have 30 days after receipt of the offer for a written |
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| lease within which
to accept or reject such offer; during which |
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| period, the rent may not be
increased or any other terms and |
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| conditions changed, except as permitted
under this Act; |
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| providing that if the tenant has not so elected he shall
vacate |
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| within the 30 day period.
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| (c) The park owner shall notify his tenants in writing not |
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| later
than 30 days after the effective date of this Act, that a |
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| written lease
shall be available to the tenant and that such |
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| lease is being offered in
compliance with and will conform to |
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| the requirements of this Act.
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| (d) The park owner shall give 90 days' notice of any rent |
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| increase and no rent increase shall go into effect until 90 |
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| days after the notice. Upon receipt of the notice of the rent |
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| increase, a tenant shall have 30 days in which to accept or |
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| reject the rent increase. If the tenant rejects the rent |
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| increase, the tenant must notify the park owner of the date on |
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| which the tenant will vacate the premises, which shall be a |
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| date before the effective date of the rent increase. |
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| (e) The park owner may provide for a specified rent |
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| increase between the first and second years of the lease. |
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| (f) The park owner may offer a month-to-month tenancy |
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| agreement option to a tenant not wishing to make a long-term |
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| commitment if the tenant signs a written statement |
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| acknowledging that the park owner offered the tenant a longer |
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| term lease but the tenant chose instead to agree to only a |
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| month-to-month tenancy agreement. If the tenant declines to |
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| sign either a lease or a statement acknowledging that a lease |
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| was offered, the park owner shall sign and deliver to the |
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| tenant a statement to that effect. Any month-to-month tenancy |
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| agreement must provide a minimum of 90 days' notice to the |
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| tenant before any rent increase is effective. |
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| (g) A prospective tenant who executes a lease pursuant to |
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| this Section may cancel the lease by notifying the park owner |
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| in writing within 3 business days after the prospective |
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| tenant's execution of the lease, unless the prospective tenant |
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| waives in writing this right to cancel the lease or waives this |
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| right by taking possession of the mobile home or the lot. The |
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| park owner shall return any security deposit or rent paid by |
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| the prospective tenant within 10 days after receiving the |
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| written cancellation. |
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| (h) The maximum amount that a park owner may recover as |
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| damages for a tenant's early termination of a lease is the |
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| amount due under the lease, less any offset or mitigation |
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| through a re-lease. |
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| (i) A tenant in possession of a mobile home or lot who is |
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| not subject to a current lease on the effective date of this |
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| amendatory Act of the 95th General Assembly
shall be offered a |
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| lease by the park owner within 90 days after the effective date |
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| of this amendatory Act of the 95th General Assembly. Tenants in |
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| possession on the effective date of this amendatory Act of the |
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| 95th General Assembly
shall have 30 days after receipt of the |
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| offer for a written lease within which to accept or reject the |
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| offer, during which period the rent may not be increased or any |
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| other terms and conditions changed, except as permitted under |
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| this Act; provided that if the tenant has not so elected he or |
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| she shall vacate within the 30-day period.
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| (Source: P.A. 81-1509.)
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| (765 ILCS 745/6.3 new) |
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| Sec. 6.3. Temporary Tenant. If a tenant suffers from an |
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| illness or disability that requires the tenant to temporarily |
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| leave the mobile home park, the park owner shall allow a |
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| relative or relatives, designated by the tenant or the tenant's |
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| legal guardian or representative, to live in the home for a |
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| period of up to 90 days as temporary occupants if the following |
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| conditions are met: |
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| (1) The tenant must provide documentation of the |
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| disability or illness by a licensed physician dated within |
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| the past 60 days; |
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| (2) The temporary occupant must meet all |
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| qualifications other than financial, including age in a |
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| community that provides housing for older persons, and the |
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| terms of the lease and park rules must continue to be met; |
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| as used in this item (2), "housing for older persons" has |
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| the meaning ascribed to that term in Section 3-106 of the |
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| Illinois Human Rights Act; and |
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| (3) At least 5 days before occupancy, the temporary |
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| occupant must submit an application for residency to the |
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| park owner by which the temporary occupant provides all |
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| information required to confirm that the temporary |
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| occupant meets community requirements. |
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| After the 90-day temporary occupancy period, the temporary |
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| occupant shall be required to provide documentation of ongoing |
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| financial ability to pay the costs relative to occupancy. |
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| (765 ILCS 745/6.4 new)
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| Sec. 6.4. Rent Deferral Program. A tenant or co-tenants may |
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| defer, for up to one year, payment of the amount by which the |
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| rent has most recently been increased if the tenant or |
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| co-tenants provide proof of inability to pay the increased rent |
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| amount by meeting the following requirements within 30 days of |
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| the date on which the tenant or co-tenants receive either a new |
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| lease or a notice of rent increase:
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| (1) The tenant or co-tenants attest, by sworn |
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| affidavit, that they shall diligently proceed to list their |
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| mobile home with a licensed sales entity and market it for |
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| sale; |
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| (2) The tenant or co-tenants attest, by sworn |
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| affidavit, that the proposed new lease amount will exceed |
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| 45% of the tenant's or co-tenants' current taxable and |
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| non-taxable income, from whatever source derived; and |
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| (3) The tenant or co-tenants provide verification in |
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| the form of a tax return and other such documents as may be |
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| required to independently verify the annual income and |
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| assets of the tenant or co-tenants. |
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| If the tenant or co-tenants meet the above requirements, |
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| the tenant or co-tenants may continue to reside in the mobile |
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| home for a period of up to 12 months or the date on which the |
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| tenant or co-tenants sell the mobile home to a new tenant |
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| approved by the park owner, whichever date is earlier. The |
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| tenant or co-tenants must remain current on all rent payments |
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| at the rental amount due before the notice of the rent |
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| increase. The tenant or co-tenants shall be required to pay, |
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| upon sale of the home, the deferred rent portion which |
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| represents the difference between the actual monthly rental |
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| amount paid starting from the effective date of the rent |
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| increase and the monthly amount due per the rent increase |
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| notice without any additional interest or penalty charges. |
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| (765 ILCS 745/6.5) |
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| Sec. 6.5. Disclosure. A park owner must disclose in writing |
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| the following with every lease or sale and upon renewal of a |
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| lease of a mobile home or lot in a mobile home park: |
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| (1) the rent charged for the mobile home or lot in the |
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| past 5 years; |
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| (2) the park owner's responsibilities with respect to |
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| the mobile home or lot; |
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| (3) information regarding any fees imposed in addition |
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| to the base rent; |
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| (4) information regarding late payments; |
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| (5) information regarding any privilege tax that is |
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| applicable; and |
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| (6) information regarding security deposits, including |
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| the right to the return of security deposits and interest |
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| as provided in Section 18 of this Act ; and
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| (7) information on a 3-year rent increase projection |
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| which includes the 2 years of the lease and the year |
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| immediately following. The basis for such rent increases |
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| may be a fixed amount, a "not to exceed" amount, a formula, |
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| an applicable index, or a combination of these |
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| methodologies as elected by the park owner. These increases |
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| may be in addition to all the non-controllable expenses |
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| including, but not limited to, property taxes, government |
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| assessments, utilities, and insurance . |
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| The park owner must update the written disclosure at least |
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| once per year. The park owner must advise tenants who are |
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| renewing a lease of any changes in the disclosure from any |
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| prior disclosure.
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| (Source: P.A. 93-1043, eff. 6-1-05 .)
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| (765 ILCS 745/8) (from Ch. 80, par. 208)
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| Sec. 8. Renewal of Lease. |
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| (a) Every lease of a mobile home or lot in a mobile
home |
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| park shall contain an option which automatically renews the
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| lease; unless: |
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| (1)
(a) the tenant shall notify the owners 30 days |
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| prior to the
expiration of the lease that he does not |
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| intend to renew the lease; |
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| (2)
or (b)
the park owner shall notify the tenant
30 |
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| days prior to the expiration of the lease that the lease |
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| will not be
renewed and specify in writing the reasons, |
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| such as violations of park rules,
health and safety codes |
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| or irregular or non-payment of rent; |
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| (3)
or (c) the
park owner elects to cease the operation |
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| of either all or a portion of the
mobile home park ; or |
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| (4) the park owner seeks to change the terms of the |
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| agreement pursuant to subsection (b) in which case the |
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| procedures set forth in subsection (b) shall apply, unless |
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| the only change is in the amount of rent, in which case it |
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| is sufficient if the park owner provides a letter notice to |
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| the tenant stating the changed rent amount; any notice of a |
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| change in the amount of rent shall advise the tenant that |
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| the tenant will be given a copy of the lease, upon request, |
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| at no charge and that no other changes in the lease are |
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| allowed. |
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| (b) If there is no change in the lease, the park owner must |
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| provide the tenant with a letter notice stating there will be |
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| no change in the lease terms unless a new lease is signed. If |
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| there is a change in the rent, the park owner must offer to |
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| provide the tenant a copy of the lease without charge upon |
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| request . The tenants shall be entitled to at least 12 months
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| notice of such ceasing of operations. If 12 months or more |
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| remain on the
existing lease at the time of notice, the tenant |
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| is entitled to the balance
of the term of his lease. If there |
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| is less than 12 months remaining in the
term of his lease, the |
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| tenant is entitled to the balance of his lease plus
a written |
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| month to month tenancy, at the expiring lease rate to provide |
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| him
with a full 12 months notice.
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| (c) All notices required under this Section shall be by |
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| first class
certified mail or
personal service. Certified mail |
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| shall be deemed to be effective upon the
date of mailing.
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| (Source: P.A. 87-1078.)
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| (765 ILCS 745/8.5 new)
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| Sec. 8.5. Park Closure. If a park owner elects to cease the |
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| operation of either all or a portion of the mobile home park, |
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| the tenants shall be entitled to at least 12 months' notice of |
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| such ceasing of operations. If 12 months or more remain on the |
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| existing lease at the time of notice, the tenant is entitled to |
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| the balance of the term of his or her lease up to the date of |
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| the closing. If less than 12 months remain in the term of his |
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| or her lease, the tenant is entitled to the balance of his or |
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| her lease plus a written month-to-month tenancy and rent must |
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| remain at the expiring lease rate to provide him or her with a |
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| full 12 months' notice.
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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 |
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| of rent shall
be clearly set forth and all charges for |
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| services, ground or lot rent, unit
rent, or any other charges |
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| shall be specifically itemized in the lease and
in all billings |
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| of the tenant by the park owner.
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| The owner shall not change the rental terms nor increase |
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| the cost of fees,
except as provided herein.
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| The park owner shall not charge a transfer or selling fee |
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| as a condition
of sale of a mobile home that is going to remain |
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| within the park unless
a service is rendered.
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| Rents charged to a tenant by a park owner may be increased |
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| upon the
renewal of a lease. Notification of an increase shall |
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| be delivered 90
60 days
prior to expiration of the lease.
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| The park owner shall not charge or impose upon a tenant any |
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| fee or increase in rent which reflects the cost to the park |
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| owner of any fine, forfeiture, penalty, money damages, or fee |
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| assessed or awarded by a court of law against the park owner, |
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| including any attorney's fees and costs incurred by the park |
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| owner in connection therewith unless the fine, forfeiture, |
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| penalty, money damages, or fee was incurred as a result of the |
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| tenant's actions.
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| (Source: P.A. 86-851.)
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| (765 ILCS 745/9.5 new)
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| Sec. 9.5. Abandoned or Repossessed Properties. In the event |
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| of the sale of abandoned or repossessed property, the park |
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| owner shall, after payment of all outstanding rent, fees, |
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| costs, and expenses to the community, pay any remaining balance |
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| to the title holder of the abandoned or repossessed property. |
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| If the tenant cannot be found through a diligent inquiry after |
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| 90 days, then the funds shall be forfeited. As used in this |
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| Section, "diligent inquiry" means sending a notice by certified |
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| mail to the last known address. |
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| Section 97. Severability. The provisions of this Act are |
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| severable under Section 1.31 of the Statute on Statutes. |
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| Section 99. Effective date. This Act takes effect January |
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| 1, 2008. |