Illinois General Assembly - Full Text of HB2338
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Full Text of HB2338  103rd General Assembly




HB2338 EnrolledLRB103 28614 LNS 54995 b

1    AN ACT concerning civil law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Mobile Home Landlord and Tenant Rights Act
5is amended by changing Section 24 as follows:
6    (765 ILCS 745/24)  (from Ch. 80, par. 224)
7    Sec. 24. Sale of Mobile Home. The park owner shall be
8enjoined and restrained from prohibiting, limiting,
9restricting, obstructing, or in any manner interfering with
10the freedom of any mobile home owner to:
11    (a) Sell the his mobile home to a purchaser of the mobile
12home owner's his choice, provided that the park owner shall be
13allowed to promulgate any general qualifications or lawful
14restrictions on park residents which limit or define the
15admission of entrants to the park. The purchaser, prior to
16closing, must obtain a written and signed lease unless the
17purchaser elects to remove the mobile home from the mobile
18home park. If the purchaser elects to remove the mobile home,
19the person or entity that removes the mobile home shall be
20licensed in accordance with the Manufactured Home Installers
21Act and shall provide proof of insurance to the park owner as a
22named additional insured. The purchaser and the park owner
23shall establish a mutually agreed upon date and time for the



HB2338 Enrolled- 2 -LRB103 28614 LNS 54995 b

1removal of the mobile home. The purchaser shall remove the
2mobile home within 30 days of the date of purchase, satisfy any
3liens the owner of the mobile home park may have against the
4mobile home, indemnify the owner of the mobile home park
5against any injury to persons or damage to the mobile home park
6incurred as a result of the removal of the mobile home, and
7remove all debris from the lot on which the mobile home was
8located. If the purchaser fails to remove the mobile home
9within 30 days of the purchase, the purchaser must complete
10the mobile home park's application and execute the mobile home
11park's standard lease agreement. If the purchaser fails to
12meet qualifications for residency, the purchaser must sign a
13storage agreement, approved by the mobile home park owner, and
14comply with the rules and regulations of the mobile home park;
15    (b) Employ or secure the services of an independent
16salesperson in connection with the sale of said mobile home,
17providing that said salesperson collects and remits all
18governmental taxes.
19    The park owner is prohibited from imposing any fee,
20charge, or commission for the sale of a mobile home, except
21when a mobile home owner requests the park owner or his agent
22of the park owner to assist in securing a purchaser for the his
23mobile home. A commission may be accepted for such service
24subject only to the following conditions:
25    (1) That the exact amount of commission or fee shall be a
26percentage of the actual sales price of the mobile home; and



HB2338 Enrolled- 3 -LRB103 28614 LNS 54995 b

1    (2) That the maximum percentage figure for the services in
2the resale of the mobile home by the park owner or his agent of
3the park owner shall be set forth in writing prior to the sale.
4    The park owner is prohibited from requiring, upon the sale
5by a tenant of a mobile home to a qualified purchaser, the
6removal from the park of such mobile home unless the mobile
7home is less than 12 feet wide or is significantly
8deteriorated and in substantial disrepair, in which case the
9park owner shall bear the burden of demonstrating such fact
10and must, prior to sale, have given the tenant written notice
11thereof, and that unless first corrected, removal will be
12required upon sale.
13(Source: P.A. 85-998.)
14    Section 99. Effective date. This Act takes effect upon
15becoming law.