HB3526ham003 104TH GENERAL ASSEMBLY

Rep. Abdelnasser Rashid

Filed: 4/8/2026

10400HB3526ham003 LRB104 11121 JRC 36287 a

AMENDMENT TO HOUSE BILL 3526

AMENDMENT NO. ______. Amend House Bill 3526 by replacing everything after the enacting clause with the following:

"Section 1. References to Act. This Act may be referred to as the Mobile Home Tenant Protection Act.

Section 5. The Mobile Home Landlord and Tenant Rights Act is amended by changing Section 9 as follows:

(765 ILCS 745/9) (from Ch. 80, par. 209)

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.

The owner shall not change the rental terms nor increase the cost of fees, except as provided herein.

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.

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. Subject to the provisions of paragraph (e) of Section 6 of this Act, a park owner may not increase rent for a site or a lot more than 3% per year or the consumer price index-u increase, whichever is greater. As used in this Section, "consumer price index-u" means the index published by the Bureau of Labor Statistics of the United States Department of Labor that measures the average change in prices of goods and services purchased by all urban consumers, United States city average, all items, 1982-84 = 100.

The provisions of this amendatory Act of the 104th General Assembly do not apply to the following: (1) newly constructed mobile home parks for a period of 15 years after the effective date of this amendatory Act of the 104th General Assembly; and (2) justified expenses limited to property tax increases, major capital improvements necessary to meet the park owner's warranty of habitability obligations, and utility cost increases that individually or in combination cause annual expenses to exceed annual revenues for the park.

If a park owner wishes to impose a rent increase more than the greater of 3% or the consumer price index-u increase, the park owner must provide a written justification for the increase that complies with this Section. The justification must detail the increase in property taxes, the increase in utilities, and any major capital improvement costs and certify that the allowable rent increase would result in projected expenses, excluding any profits, dividends, and fees paid to associated entities, that exceed projected revenues. The written justification must include the following:

"I certify that:

(1) the property tax increases, utility cost increases, and major capital improvement costs are accurate and based on written estimates or notifications from government agencies or utility companies;

(2) these expenses plus a reasonable estimate of regular expenses based on the park's previous year's expenses, excluding any profits, dividends or fees paid to related entities, have been calculated as projected expenses;

(3) a reasonable estimate of revenue based on the park's previous year's revenue plus the allowable rent increase of the greater of 3% or the consumer price index-u increase has been calculated as projected revenue;

(4) these projected expenses exceed the projected revenue and the proposed rent increase beyond the greater of 3% or the consumer price index-u increase is the minimum amount necessary to ensure projected revenue equals projected expenses;

(5) at the end of the year in which a rent increase greater than 3% or the consumer price index-u increase is imposed, the park must reconcile actual expenses, minus any profits, dividends or fees paid to related entities, with actual revenue and return any excess revenue to residents in a rebate and adjust rents to reflect what an accurate projection requires; and

(6) clear, detailed, and dated records of all calculations and supporting documentation must be maintained by the park owner. This certification is made under penalty of perjury."

The written justification must be signed by the park owner or the managing agent of the entity that manages the mobile home park.

If additional rent increases are justified by major capital expenses that are financed in which financing payments extend beyond the year in question, a park owner must include in all leases the schedule of payments and the date and amount that rents shall be reduced if the financing is paid off. That amount must equal 12 months' payments divided by the number of occupied home sites. If the park owner pays off the financing early, the park owner must immediately reduce the rent by the specified amount.

Within 90 days after the end of the year of a justified rent increase above the greater of 3% or the consumer price index-u increase and the following year, the park owner must reconcile actual expenses, excluding any profits, dividends, or fees paid to related entities, with actual revenue and return any excess revenue to residents in a rebate and adjust rents to reflect what an accurate projection requires. The park owner must provide a written justification of any rebate and rent adjustment or lack thereof. The written justification must include a copy of the justification of the rent increase and the following language:

"I certify that after reconciling the actual expenses, excluding any profits, dividends or fees paid to related entities, and actual revenues compared to those projected in the attached justification of the previous rent increase, any revenue in excess of actual expenses is being returned to residents in a rebate, and rents are being adjusted to reflect what an accurate projection would have required.

(1) You are due a rebate of $.... that may be credited toward future rent or paid to you at your preference. Instructions on how to inform us of your preference are included here.

(2) Your rent has been adjusted from $.... to $.... as required by law.

Under penalty of perjury, as owner or managing agent, I attest that I have accurately stated the basis for the rent increase in this signed certification."

The park owner must maintain clear, detailed, and dated records of all calculations and supporting documentation for projected expenses, projected revenue, property tax increases, utility cost increases, major capital improvement costs, actual expenses, actual revenue, rebates, and rent adjustments.

Any park owner violating this Section is liable in a civil action for treble damages or $500 per household affected, whichever is greater, plus reasonable attorney's fees.

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.

(Source: P.A. 102-737, eff. 1-1-23.)".