SB2791 93RD GENERAL ASSEMBLY

LRB093 14121 LCB 40074 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2791

Introduced 2/5/2004, by M. Maggie Crotty

SYNOPSIS AS INTRODUCED:

765 ILCS 745/9	from Ch. 80, par. 209
765 ILCS 745/9.5 new

Amends the Mobile Home Landlord and Tenant Rights Act. Provides that, in mobile home parks located in a county with a population of more than 3,000,000 or in a county with a population of more than 250,000 that is contiguous to a county with a population of more than 3,000,000: rent may not be increased by more than the consumer price index for a tenant who is between the ages of 65 and 69 and who is renting the same lot as the preceding year; and rent may not be increased for a tenant who is 70 years of age or older and who is renting the same lot as the preceding year. Provides for penalties for violation. Effective immediately.

A BILL FOR

AN ACT concerning mobile homes.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Mobile Home Landlord and Tenant Rights Act is amended by changing Section 9 and by adding Section 9.5 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 60 days prior to expiration of the lease.

The following provisions apply in parks located in a county with a population of more than 3,000,000 or in a county with a population of more than 250,000 that is contiguous to a county with a population of more than 3,000,000:

(i) The rent for any tenant who is at least 65 years of age but less than 70 years of age at the time of renewal of a lease and who is renting the same lot that the tenant rented in the immediately preceding year may not be increased in any year by an amount that is greater than the increase in the consumer price index-u during the immediately preceding calendar year. "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. If this index is no longer published, the Illinois Department of Labor shall adopt a comparable substitute index by rule for purposes of this Section.

(ii) The rent for any tenant who is at least 70 years of age at the time of renewal of a lease and who is renting the same lot that the tenant rented in the immediately preceding year may not be increased.

(Source: P.A. 86-851.)

(765 ILCS 745/9.5 new)

Sec. 9.5. Penalties. Any park owner who increases the rent of a tenant who is at least 65 years of age in violation of Section 9 is guilty of a petty offense and shall be fined $500 for the first violation and $1,000 for a second or subsequent violation. The State's Attorney shall prosecute violations under this Section.

Section 99. Effective date. This Act takes effect upon becoming law.