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1 | AN ACT concerning civil law. | |||||||||||||||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||||
3 | represented in the General Assembly: | |||||||||||||||||||||||||||||||
4 | Section 1. This Act may be referred to as the Manufactured | |||||||||||||||||||||||||||||||
5 | Housing Modernization Act of 2024. | |||||||||||||||||||||||||||||||
6 | Section 5. The Mobile Home Landlord and Tenant Rights Act | |||||||||||||||||||||||||||||||
7 | is amended by changing Section 3 and by adding Sections 25.1, | |||||||||||||||||||||||||||||||
8 | 25.2, 25.3, 25.4, 25.5, and 25.6 as follows: | |||||||||||||||||||||||||||||||
9 | (765 ILCS 745/3) (from Ch. 80, par. 203) | |||||||||||||||||||||||||||||||
10 | Sec. 3. Definitions. Unless otherwise expressly defined, | |||||||||||||||||||||||||||||||
11 | all terms in this Act shall be construed to have their | |||||||||||||||||||||||||||||||
12 | ordinarily accepted meanings or such meaning as the context | |||||||||||||||||||||||||||||||
13 | therein requires. | |||||||||||||||||||||||||||||||
14 | (a) "Person" means any legal entity, including but not | |||||||||||||||||||||||||||||||
15 | limited to, an individual, firm, partnership, association, | |||||||||||||||||||||||||||||||
16 | trust, joint stock company, corporation or successor of any of | |||||||||||||||||||||||||||||||
17 | the foregoing. | |||||||||||||||||||||||||||||||
18 | (b) "Manufactured home" means a factory-assembled, | |||||||||||||||||||||||||||||||
19 | completely integrated structure designed for permanent | |||||||||||||||||||||||||||||||
20 | habitation, with a permanent chassis, and so constructed as to | |||||||||||||||||||||||||||||||
21 | permit its transport, on wheels temporarily or permanently | |||||||||||||||||||||||||||||||
22 | attached to its frame, and is a movable or portable unit that |
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1 | is (i) 8 body feet or more in width, (ii) 40 body feet or more | ||||||
2 | in length, and (iii) 320 or more square feet, constructed to be | ||||||
3 | towed on its own chassis (comprised of frame and wheels) from | ||||||
4 | the place of its construction to the location, or subsequent | ||||||
5 | locations, at which it is connected to utilities for | ||||||
6 | year-round occupancy for use as a permanent habitation, and | ||||||
7 | designed and situated so as to permit its occupancy as a | ||||||
8 | dwelling place for one or more persons, and specifically | ||||||
9 | includes a "manufactured home" as defined in subdivision (53) | ||||||
10 | of Section 9-102 of the Uniform Commercial Code. The term | ||||||
11 | shall include units containing parts that may be folded, | ||||||
12 | collapsed, or telescoped when being towed and that may be | ||||||
13 | expected to provide additional cubic capacity, and that are | ||||||
14 | designed to be joined into one integral unit capable of being | ||||||
15 | separated again into the components for repeated towing. The | ||||||
16 | term excludes campers and recreational vehicles. The words | ||||||
17 | "mobile home" and "manufactured home" are synonymous for the | ||||||
18 | purposes of this Act. | ||||||
19 | (c) "Mobile Home Park" or "Park" means a tract of land or 2 | ||||||
20 | contiguous tracts of land that contain sites with the | ||||||
21 | necessary utilities for 5 or more mobile homes or manufactured | ||||||
22 | homes. A mobile home park may be operated either free of charge | ||||||
23 | or for revenue purposes. | ||||||
24 | (d) "Park Owner" means the owner of a mobile home park and | ||||||
25 | any person authorized to exercise any aspect of the management | ||||||
26 | of the premises, including any person who directly or |
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1 | indirectly receives rents and has no obligation to deliver the | ||||||
2 | whole of such receipts to another person. | ||||||
3 | (e) "Tenant" means any person who occupies a mobile home | ||||||
4 | rental unit for dwelling purposes or a lot on which he parks a | ||||||
5 | mobile home for an agreed upon consideration. | ||||||
6 | (f) "Rent" means any money or other consideration given | ||||||
7 | for the right of use, possession and occupancy of property, be | ||||||
8 | it a lot, a mobile home, or both. | ||||||
9 | (g) "Master antenna television service" means any and all | ||||||
10 | services provided by or through the facilities of any closed | ||||||
11 | circuit coaxial cable communication system, or any microwave | ||||||
12 | or similar transmission services other than a community | ||||||
13 | antenna television system as defined in Section 11-42-11 of | ||||||
14 | the Illinois Municipal Code. | ||||||
15 | (h) "Authority having jurisdiction" means the Illinois | ||||||
16 | Department of Public Health or a unit of local government | ||||||
17 | specifically authorized by statute, rule, or ordinance to | ||||||
18 | enforce this Act or any other statute, rule, or ordinance | ||||||
19 | applicable to the mobile home park or manufactured home | ||||||
20 | community. | ||||||
21 | (i) "Managing agent" means any person or entity | ||||||
22 | responsible for the operation, management, or maintenance of a | ||||||
23 | mobile home park or manufactured home community. | ||||||
24 | (j) "Homeowners organization" means an incorporated or | ||||||
25 | unincorporated organization, including a cooperative housing | ||||||
26 | corporation that: (i) represents the interests of the tenants |
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1 | in mobile home park; (ii) is open to all tenants residing in | ||||||
2 | the park; (iii) is controlled by the members of the | ||||||
3 | organization; and (iv) is comprised of tenants who lease or | ||||||
4 | rent at least 75% of the lots in the park. | ||||||
5 | (Source: P.A. 98-749, eff. 7-16-14; 98-1062, eff. 1-1-15; | ||||||
6 | 99-78, eff. 7-20-15.) | ||||||
7 | (765 ILCS 745/25.1 new) | ||||||
8 | Sec. 25.1. Mobile home park relocation. | ||||||
9 | (a) When a mobile home park owner submits an application | ||||||
10 | for a change in the land use of a park, the owner shall submit, | ||||||
11 | as part of the application, a relocation plan for park tenants | ||||||
12 | who will be dislocated as a result of the change. | ||||||
13 | (b) If a mobile home park owner does not submit a | ||||||
14 | relocation plan for the park tenants or does not comply with | ||||||
15 | the terms of an approved plan, the mobile home park owner is in | ||||||
16 | default of the plan and the application for change of land use | ||||||
17 | submitted under subsection (a) of this Section may not be | ||||||
18 | approved until the owner submits and complies with a plan. | ||||||
19 | (c) A relocation plan for park tenants shall include: | ||||||
20 | (1) A complete list of park tenants, including | ||||||
21 | household sizes, addresses, and contact information for | ||||||
22 | them; | ||||||
23 | (2) A relocation calendar or timeline and written | ||||||
24 | monthly updates on the progress of the relocation; | ||||||
25 | (3) If the plan is for closing a park with more than 10 |
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1 | sites, a budget reflecting the amount of relocation | ||||||
2 | assistance allocated by the mobile home park owner to be | ||||||
3 | given to each household as described in subsection (h) of | ||||||
4 | this Section; | ||||||
5 | (4) A description of the requirement that a tenant | ||||||
6 | provide written notice of the tenant's intention to vacate | ||||||
7 | the park and the timetable for the owner to pay relocation | ||||||
8 | assistance, as provided under subsection (h-5) of this | ||||||
9 | Section; | ||||||
10 | (5) A list of area mobile home parks with vacancies; | ||||||
11 | and | ||||||
12 | (6) A list of area companies that relocate mobile | ||||||
13 | homes. | ||||||
14 | (d) If a mobile home park owner undertakes a reasonable, | ||||||
15 | good faith inquiry to obtain the information required under | ||||||
16 | subsection (c) and the information in the relocation plan is | ||||||
17 | based on the owner's reasonable, good faith inquiry, the owner | ||||||
18 | shall not incur any liability and may not be estopped from | ||||||
19 | obtaining possession of the premises because of a failure to | ||||||
20 | provide accurate information in the relocation plan. | ||||||
21 | (e) A relocation plan may not require, as a condition of | ||||||
22 | approval by the authority having jurisdiction of the plan or | ||||||
23 | the change in land use submitted under subsection (a) of this | ||||||
24 | Section, that: | ||||||
25 | (1) Relocation assistance be paid unless the mobile | ||||||
26 | home park owner sends a notice of park closure to each |
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1 | tenant; | ||||||
2 | (2) The amount of relocation assistance exceeds | ||||||
the | |||||||
3 | amount described in subsection (h) of this Section; | ||||||
4 | (3) Except as provided in subsection (h) of this | ||||||
5 | Section, any amount of relocation assistance be paid to a | ||||||
6 | tenant before possession of the premises is returned to | ||||||
7 | the owner; or | ||||||
8 | (4) The park owner assures the relocation of any | ||||||
9 | tenant. | ||||||
10 | (f) If any park owner rescinds a notice of park closure, | ||||||
11 | the owner is not required to pay relocation assistance after | ||||||
12 | the date the notice of rescission is sent to the tenants. | ||||||
13 | (g) A park owner is not required to pay relocation | ||||||
14 | assistance to any potential tenant who, after receiving | ||||||
15 | written notice of the application for change in land use or | ||||||
16 | written notice of park closure, signs an agreement to rent | ||||||
17 | premises in the park. | ||||||
18 | (h) If a mobile home park with more than 10 sites is | ||||||
19 | closed, the relocation assistance paid to each household shall | ||||||
20 | equal the amount of rent for the premises, excluding taxes and | ||||||
21 | utilities, paid for the 12 months immediately preceding the | ||||||
22 | date the tenant vacates the premises. | ||||||
23 | (h-5) The relocation assistance shall be paid in the | ||||||
24 | following manner: | ||||||
25 | (1) One-half of the relocation assistance shall be | ||||||
26 | paid to a tenant within 30 days after the mobile home park |
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1 | owner receives written notice of: | ||||||
2 | (A) The tenant's intention to vacate the park; and | ||||||
3 | (B) The date on which the tenant will return | ||||||
4 | possession of the premises to the park owner; and | ||||||
5 | (2) One-half of the relocation assistance shall be | ||||||
6 | paid to a tenant within 30 days after the tenant returns | ||||||
7 | possession of the premises to the owner. | ||||||
8 | (i) If a tenant fails to return possession of the premises | ||||||
9 | by removing the mobile home from the premises on or before the | ||||||
10 | date specified in the tenant's notice of intention to vacate, | ||||||
11 | the tenant shall forfeit the balance of any relocation | ||||||
12 | assistance due unless the park owner agrees in writing to a | ||||||
13 | different date. | ||||||
14 | (j) The local governing body of the county or municipal | ||||||
15 | corporation in which a mobile home park is located may provide | ||||||
16 | additional relocation assistance to tenants. | ||||||
17 | (k) A mobile home park owner is not responsible for any | ||||||
18 | payments made under subsection (j). | ||||||
19 | (765 ILCS 745/25.2 new) | ||||||
20 | Sec. 25.2. Applicability; exemptions. | ||||||
21 | (a) The requirements of this Act apply separately to each | ||||||
22 | substantially different offer to sell or to purchase a mobile | ||||||
23 | home park. | ||||||
24 | (b) This Act does not apply to the potential sale of a | ||||||
25 | mobile home park if: |
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1 | (1) A mortgagee, grantee, or other secured party has | ||||||
2 | foreclosed on the mobile home park and the mortgagee, | ||||||
3 | grantee, or secured party is selling the mobile home park: | ||||||
4 | (A) At a foreclosure sale; or | ||||||
5 | (B) After purchasing the mobile home park at a | ||||||
6 | foreclosure sale; | ||||||
7 | (2) The park owner is selling the mobile home park to: | ||||||
8 | (A) A family member of the park owner; or | ||||||
9 | (B) A trust whose beneficiaries are family members of | ||||||
10 | the park owner; | ||||||
11 | (3) The park owner is a partnership, limited liability | ||||||
12 | company, or similar business entity and the sale is to one | ||||||
13 | or more of the partners or members of the business entity; | ||||||
14 | (4) The conveyance of an interest in the mobile home park | ||||||
15 | is incidental to the financing of the mobile home park; | ||||||
16 | (5) The sale of the mobile home park is between joint | ||||||
17 | tenants or tenants in common; | ||||||
18 | (6) The sale of the mobile home park is a result of the | ||||||
19 | exercise of the power of eminent domain; | ||||||
20 | (7) The sale of the mobile home park involves a merger, | ||||||
21 | recapitalization, or similar transaction where: | ||||||
22 | (A) At least one of the park owners before the | ||||||
23 | transaction remains an owner after the transaction; | ||||||
24 | and | ||||||
25 | (B) The park owner files an affidavit, recorded in the | ||||||
26 | land records in the county in which the property is |
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1 | located, affirming that the park owner will allow | ||||||
2 | continued use of the land as a mobile home park for at | ||||||
3 | least 6 months after the date the transaction is | ||||||
4 | finalized; or | ||||||
5 | (8) The sale of the mobile home park involves: | ||||||
6 | (A) A like-kind exchange; or | ||||||
7 | (B) A sale of more than one home in the park to a | ||||||
8 | single purchaser. | ||||||
9 | (765 ILCS 745/25.3 new) | ||||||
10 | Sec. 25.3. Purchase of a mobile home park. | ||||||
11 | (a) If a park owner receives an offer to purchase the park, | ||||||
12 | acceptance of that offer shall be conditioned on the purchaser | ||||||
13 | filing an affidavit, recorded in the land records in the | ||||||
14 | county in which the property is located, affirming that: | ||||||
15 | (1) The purchaser will allow continued use of the land | ||||||
16 | as a mobile home park for 5 years after the date the | ||||||
17 | purchase is finalized; and | ||||||
18 | (2) Rent for a lot on the property will not increase by | ||||||
19 | more than 10% per year for the first 3 years after the date | ||||||
20 | the purchase is finalized. | ||||||
21 | (b) If the purchaser fails to file an affidavit in | ||||||
22 | accordance with subsection (a) of this Section, acceptance by | ||||||
23 | the park owner of the offer to purchase the park shall be | ||||||
24 | conditioned on the park owner: | ||||||
25 | (1) Providing notice of the terms of the offer or the |
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1 | contract that the park owner has conditionally accepted | ||||||
2 | to: | ||||||
3 | (A) Each tenant in the mobile home park; | ||||||
4 | (B) The Illinois Housing Development Authority; | ||||||
5 | and | ||||||
6 | (C) The authority having jurisdiction; and | ||||||
7 | (2) Providing the tenants with the opportunity to | ||||||
8 | purchase the mobile home park in accordance with Section | ||||||
9 | 25.4 of this Act. | ||||||
10 | (c) The notice required under subsection (b) of this | ||||||
11 | Section shall: | ||||||
12 | (1) Be posted in a public area of the mobile home park; | ||||||
13 | (2) Be sent by registered or certified mail to the | ||||||
14 | homeowners organization; and | ||||||
15 | (3) Include the following information: | ||||||
16 | (A) The price and material terms and conditions of | ||||||
17 | the offer that the park owner has conditionally | ||||||
18 | accepted for the sale of the mobile home park with | ||||||
19 | copies of any documents evidencing the price and terms | ||||||
20 | and conditions; | ||||||
21 | (B) A statement indicating that the tenants, | ||||||
22 | through a homeowners organization, may purchase the | ||||||
23 | mobile home park by submitting an offer within 60 days | ||||||
24 | of the mailing date of the notice, containing | ||||||
25 | substantially similar material terms to the offer that | ||||||
26 | the park owner has conditionally accepted; and |
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1 | (C) The list of organizations and county housing | ||||||
2 | agencies required under subsection (g) of Section | ||||||
3 | 25.4. | ||||||
4 | (4) The price and terms and conditions stated in the | ||||||
5 | notice to the tenants must be universal and applicable to | ||||||
6 | all potential buyers and may not be specific to the | ||||||
7 | tenants or their assignees. | ||||||
8 | (5) Within 10 days after the date on which the park | ||||||
9 | owner provides notice required under this Section, the | ||||||
10 | park owner shall make available to the homeowners | ||||||
11 | organization the same information that the park owner | ||||||
12 | provided or would have provided to other prospective | ||||||
13 | purchasers. | ||||||
14 | (6) The park owner is not liable to any party to a real | ||||||
15 | estate transaction for a violation of this Section. | ||||||
16 | (765 ILCS 745/25.4 new) | ||||||
17 | Sec. 25.4. Allowance for homeowners organization to | ||||||
18 | purchase the park. | ||||||
19 | (a) On notice of the intent to sell a mobile home park in | ||||||
20 | accordance with Section 25.3 of this Act, a homeowners | ||||||
21 | organization may offer to purchase the mobile home park by: | ||||||
22 | (1) Providing documentation to the park owner | ||||||
23 | indicating that at least 75% of the members of the | ||||||
24 | homeowners organization who reside in the mobile home | ||||||
25 | park, with one vote per home, have voted to purchase the |
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1 | mobile home park; | ||||||
2 | (2) Notifying the park owner of the intent to purchase | ||||||
3 | the mobile home park; and | ||||||
4 | (3) Submitting to the park owner a proposed agreement | ||||||
5 | to purchase the mobile home park that includes terms | ||||||
6 | substantially similar to the terms included in the sales | ||||||
7 | notice provided under Section 25.3 | ||||||
of this Act. | |||||||
8 | (b) The homeowners organization shall send the notice of | ||||||
9 | intent to purchase the mobile home park and the proposed | ||||||
10 | agreement required under subsection (a) of this Section to the | ||||||
11 | park owner by registered or certified mail. | ||||||
12 | (c) If the homeowner organization submits a proposed | ||||||
13 | agreement to purchase the mobile home park in accordance | ||||||
14 | within the 60-day period identified in this Section, the park | ||||||
15 | owner shall consider the offer in good faith, which shall | ||||||
16 | include a duty not to act to scuttle the proposed agreement, | ||||||
17 | not to arbitrarily or capriciously refuse to proceed with | ||||||
18 | negotiations, and not to engage in misconduct or dishonesty in | ||||||
19 | the negotiations. | ||||||
20 | (c-5) After the expiration of the 60 days identified in | ||||||
21 | this Section, a park owner may not be required to consider | ||||||
22 | additional offers from the homeowners organization. | ||||||
23 | (d) If the mobile home park owner and the homeowners | ||||||
24 | organization enter into an agreement for the sale of the | ||||||
25 | mobile home park, unless the parties agree to an alternative | ||||||
26 | period of time, the homeowners organization shall have not |
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1 | more than 105 days after the date of the agreement to obtain | ||||||
2 | financing and close on the purchase. | ||||||
3 | (e) If the homeowners organization does not obtain | ||||||
4 | financing for the purchase or the parties fail to close on the | ||||||
5 | purchase within the time period prescribed in subsection (d) | ||||||
6 | of this Section, the park owner has complied with the owner's | ||||||
7 | obligations under this Section. | ||||||
8 | (f) A homeowners organization may assign its rights under | ||||||
9 | this Act to a local government, housing authority, nonprofit | ||||||
10 | with expertise relating to housing, or the State or an agency | ||||||
11 | of the State, for the purpose of continuing the use of the | ||||||
12 | property as a mobile home park that will provide affordable | ||||||
13 | housing. | ||||||
14 | (g) The Illinois Housing Development Authority shall | ||||||
15 | maintain on its website a list of organizations and county | ||||||
16 | housing agencies available to assist tenants with financing | ||||||
17 | for the purchase of a mobile home park. | ||||||
18 | (765 ILCS 745/25.5 new) | ||||||
19 | Sec. 25.5. Notice of affidavit. A park owner who files an | ||||||
20 | affidavit under Section 25.2 of this Act or a purchaser who | ||||||
21 | files an affidavit as required under Section 25.3 of this Act | ||||||
22 | shall, not more than 30 days after the date of the sale: | ||||||
23 | (1) Provide notice of the affidavit to each tenant in | ||||||
24 | the mobile home park by first-class mail; and | ||||||
25 | (2) Post a copy of the affidavit in a public area of |
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1 | the mobile home park. | ||||||
2 | (765 ILCS 745/25.6 new) | ||||||
3 | Sec. 25.6. Penalties. | ||||||
4 | (a) If a park owner willfully fails to comply with the | ||||||
5 | requirements of Sections 25.1 and 25.5 of this Act, the park | ||||||
6 | owner shall be liable to the homeowners organization in the | ||||||
7 | amount of $10,000. | ||||||
8 | (b) A purchaser who files an affidavit as required under | ||||||
9 | Section 25.3 | ||||||
of this Act is liable to the homeowners | |||||||
10 | organization in the amount of $10,000 if the purchaser: | ||||||
11 | (1) Closes the mobile home park within 5 years after | ||||||
12 | the date the purchase is finalized; or | ||||||
13 | (2) Increases the rent for a lot on the property by | ||||||
14 | more than 10% per year in the first 3 years after the date | ||||||
15 | the purchase is finalized. |