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Public Act 103-0432


Public Act 0432 103RD GENERAL ASSEMBLY



Public Act 103-0432
HB2338 EnrolledLRB103 28614 LNS 54995 b

    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 24 as follows:
    (765 ILCS 745/24)  (from Ch. 80, par. 224)
    Sec. 24. Sale of Mobile Home. The park owner shall be
enjoined and restrained from prohibiting, limiting,
restricting, obstructing, or in any manner interfering with
the freedom of any mobile home owner to:
    (a) Sell the his mobile home to a purchaser of the mobile
home owner's his choice, provided that the park owner shall be
allowed to promulgate any general qualifications or lawful
restrictions on park residents which limit or define the
admission of entrants to the park. The purchaser, prior to
closing, must obtain a written and signed lease unless the
purchaser elects to remove the mobile home from the mobile
home park. If the purchaser elects to remove the mobile home,
the person or entity that removes the mobile home shall be
licensed in accordance with the Manufactured Home Installers
Act and shall provide proof of insurance to the park owner as a
named additional insured. The purchaser and the park owner
shall establish a mutually agreed upon date and time for the
removal of the mobile home. The purchaser shall remove the
mobile home within 30 days of the date of purchase, satisfy any
liens the owner of the mobile home park may have against the
mobile home, indemnify the owner of the mobile home park
against any injury to persons or damage to the mobile home park
incurred as a result of the removal of the mobile home, and
remove all debris from the lot on which the mobile home was
located. If the purchaser fails to remove the mobile home
within 30 days of the purchase, the purchaser must complete
the mobile home park's application and execute the mobile home
park's standard lease agreement. If the purchaser fails to
meet qualifications for residency, the purchaser must sign a
storage agreement, approved by the mobile home park owner, and
comply with the rules and regulations of the mobile home park;
    (b) Employ or secure the services of an independent
salesperson in connection with the sale of said mobile home,
providing that said salesperson collects and remits all
governmental taxes.
    The park owner is prohibited from imposing any fee,
charge, or commission for the sale of a mobile home, except
when a mobile home owner requests the park owner or his agent
of the park owner to assist in securing a purchaser for the his
mobile home. A commission may be accepted for such service
subject only to the following conditions:
    (1) That the exact amount of commission or fee shall be a
percentage of the actual sales price of the mobile home; and
    (2) That the maximum percentage figure for the services in
the resale of the mobile home by the park owner or his agent of
the park owner shall be set forth in writing prior to the sale.
    The park owner is prohibited from requiring, upon the sale
by a tenant of a mobile home to a qualified purchaser, the
removal from the park of such mobile home unless the mobile
home is less than 12 feet wide or is significantly
deteriorated and in substantial disrepair, in which case the
park owner shall bear the burden of demonstrating such fact
and must, prior to sale, have given the tenant written notice
thereof, and that unless first corrected, removal will be
required upon sale.
(Source: P.A. 85-998.)
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/4/2023