HB4617 102ND GENERAL ASSEMBLY

LRB102 25182 LNS 34446 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4617

Introduced 1/21/2022, by Rep. David A. Welter

SYNOPSIS AS INTRODUCED:

765 ILCS 745/9

from Ch. 80, par. 209

Amends the Mobile Home Landlord and Tenant Rights Act. Restricts a park owner from charging or imposing upon a tenant who is 65 years of age or older any fee or increase in rent above 3% per annum, or not above 6% per annum if the park owner demonstrates that the cost of operating the mobile home park exceeds the amount that the park earns even with the rent increase. Exempts any increase in government fees on mobile home parks from the limitation.

A BILL FOR

AN ACT concerning civil law.

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 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.

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 upon a tenant who is 65 years of age or older any fee or increase in rent above 3% per annum, or not above 6% per annum if the park owner can demonstrate that the cost of operating the mobile home park exceeds the amount that the park earns even with the rent increase. Any increase in government fees on mobile home parks are exempt from this limitation.

(Source: P.A. 95-383, eff. 1-1-08.)