| 4 | | - | AN ACT concerning civil law. |
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| 5 | | - | Be it enacted by the People of the State of Illinois, |
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| 6 | | - | represented in the General Assembly: |
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| 7 | | - | Section 5. The Mobile Home Landlord and Tenant Rights Act |
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| 8 | | - | is amended by changing Section 24 as follows: |
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| 9 | | - | (765 ILCS 745/24) (from Ch. 80, par. 224) |
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| 10 | | - | Sec. 24. Sale of Mobile Home. The park owner shall be |
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| 11 | | - | enjoined and restrained from prohibiting, limiting, |
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| 12 | | - | restricting, obstructing, or in any manner interfering with |
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| 13 | | - | the freedom of any mobile home owner to: |
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| 14 | | - | (a) Sell the his mobile home to a purchaser of the mobile |
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| 15 | | - | home owner's his choice, provided that the park owner shall be |
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| 16 | | - | allowed to promulgate any general qualifications or lawful |
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| 17 | | - | restrictions on park residents which limit or define the |
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| 18 | | - | admission of entrants to the park. The purchaser, prior to |
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| 19 | | - | closing, must obtain a written and signed lease unless the |
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| 20 | | - | purchaser elects to remove the mobile home from the mobile |
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| 21 | | - | home park. If the purchaser elects to remove the mobile home, |
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| 22 | | - | the person or entity that removes the mobile home shall be |
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| 23 | | - | licensed in accordance with the Manufactured Home Installers |
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| 24 | | - | Act and shall provide proof of insurance to the park owner as a |
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| 25 | | - | named additional insured. The purchaser and the park owner |
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| 26 | | - | shall establish a mutually agreed upon date and time for the |
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| 3 | + | 1 AN ACT concerning civil law. |
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| 4 | + | 2 Be it enacted by the People of the State of Illinois, |
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| 5 | + | 3 represented in the General Assembly: |
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| 6 | + | 4 Section 5. The Mobile Home Landlord and Tenant Rights Act |
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| 7 | + | 5 is amended by changing Section 24 as follows: |
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| 8 | + | 6 (765 ILCS 745/24) (from Ch. 80, par. 224) |
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| 9 | + | 7 Sec. 24. Sale of Mobile Home. The park owner shall be |
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| 10 | + | 8 enjoined and restrained from prohibiting, limiting, |
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| 11 | + | 9 restricting, obstructing, or in any manner interfering with |
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| 12 | + | 10 the freedom of any mobile home owner to: |
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| 13 | + | 11 (a) Sell the his mobile home to a purchaser of the mobile |
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| 14 | + | 12 home owner's his choice, provided that the park owner shall be |
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| 15 | + | 13 allowed to promulgate any general qualifications or lawful |
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| 16 | + | 14 restrictions on park residents which limit or define the |
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| 17 | + | 15 admission of entrants to the park. The purchaser, prior to |
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| 18 | + | 16 closing, must obtain a written and signed lease unless the |
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| 19 | + | 17 purchaser elects to remove the mobile home from the mobile |
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| 20 | + | 18 home park. If the purchaser elects to remove the mobile home, |
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| 21 | + | 19 the person or entity that removes the mobile home shall be |
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| 22 | + | 20 licensed in accordance with the Manufactured Home Installers |
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| 23 | + | 21 Act and shall provide proof of insurance to the park owner as a |
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| 24 | + | 22 named additional insured. The purchaser and the park owner |
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| 25 | + | 23 shall establish a mutually agreed upon date and time for the |
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| 33 | | - | removal of the mobile home. The purchaser shall remove the |
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| 34 | | - | mobile home within 30 days of the date of purchase, satisfy any |
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| 35 | | - | liens the owner of the mobile home park may have against the |
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| 36 | | - | mobile home, indemnify the owner of the mobile home park |
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| 37 | | - | against any injury to persons or damage to the mobile home park |
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| 38 | | - | incurred as a result of the removal of the mobile home, and |
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| 39 | | - | remove all debris from the lot on which the mobile home was |
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| 40 | | - | located. If the purchaser fails to remove the mobile home |
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| 41 | | - | within 30 days of the purchase, the purchaser must complete |
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| 42 | | - | the mobile home park's application and execute the mobile home |
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| 43 | | - | park's standard lease agreement. If the purchaser fails to |
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| 44 | | - | meet qualifications for residency, the purchaser must sign a |
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| 45 | | - | storage agreement, approved by the mobile home park owner, and |
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| 46 | | - | comply with the rules and regulations of the mobile home park; |
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| 47 | | - | (b) Employ or secure the services of an independent |
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| 48 | | - | salesperson in connection with the sale of said mobile home, |
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| 49 | | - | providing that said salesperson collects and remits all |
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| 50 | | - | governmental taxes. |
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| 51 | | - | The park owner is prohibited from imposing any fee, |
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| 52 | | - | charge, or commission for the sale of a mobile home, except |
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| 53 | | - | when a mobile home owner requests the park owner or his agent |
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| 54 | | - | of the park owner to assist in securing a purchaser for the his |
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| 55 | | - | mobile home. A commission may be accepted for such service |
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| 56 | | - | subject only to the following conditions: |
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| 57 | | - | (1) That the exact amount of commission or fee shall be a |
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| 58 | | - | percentage of the actual sales price of the mobile home; and |
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| 32 | + | HB2338 Enrolled- 2 -LRB103 28614 LNS 54995 b HB2338 Enrolled - 2 - LRB103 28614 LNS 54995 b |
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| 33 | + | HB2338 Enrolled - 2 - LRB103 28614 LNS 54995 b |
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| 34 | + | 1 removal of the mobile home. The purchaser shall remove the |
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| 35 | + | 2 mobile home within 30 days of the date of purchase, satisfy any |
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| 36 | + | 3 liens the owner of the mobile home park may have against the |
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| 37 | + | 4 mobile home, indemnify the owner of the mobile home park |
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| 38 | + | 5 against any injury to persons or damage to the mobile home park |
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| 39 | + | 6 incurred as a result of the removal of the mobile home, and |
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| 40 | + | 7 remove all debris from the lot on which the mobile home was |
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| 41 | + | 8 located. If the purchaser fails to remove the mobile home |
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| 42 | + | 9 within 30 days of the purchase, the purchaser must complete |
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| 43 | + | 10 the mobile home park's application and execute the mobile home |
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| 44 | + | 11 park's standard lease agreement. If the purchaser fails to |
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| 45 | + | 12 meet qualifications for residency, the purchaser must sign a |
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| 46 | + | 13 storage agreement, approved by the mobile home park owner, and |
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| 47 | + | 14 comply with the rules and regulations of the mobile home park; |
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| 48 | + | 15 (b) Employ or secure the services of an independent |
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| 49 | + | 16 salesperson in connection with the sale of said mobile home, |
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| 50 | + | 17 providing that said salesperson collects and remits all |
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| 51 | + | 18 governmental taxes. |
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| 52 | + | 19 The park owner is prohibited from imposing any fee, |
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| 53 | + | 20 charge, or commission for the sale of a mobile home, except |
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| 54 | + | 21 when a mobile home owner requests the park owner or his agent |
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| 55 | + | 22 of the park owner to assist in securing a purchaser for the his |
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| 56 | + | 23 mobile home. A commission may be accepted for such service |
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| 57 | + | 24 subject only to the following conditions: |
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| 58 | + | 25 (1) That the exact amount of commission or fee shall be a |
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| 59 | + | 26 percentage of the actual sales price of the mobile home; and |
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| 61 | | - | (2) That the maximum percentage figure for the services in |
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| 62 | | - | the resale of the mobile home by the park owner or his agent of |
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| 63 | | - | the park owner shall be set forth in writing prior to the sale. |
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| 64 | | - | The park owner is prohibited from requiring, upon the sale |
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| 65 | | - | by a tenant of a mobile home to a qualified purchaser, the |
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| 66 | | - | removal from the park of such mobile home unless the mobile |
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| 67 | | - | home is less than 12 feet wide or is significantly |
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| 68 | | - | deteriorated and in substantial disrepair, in which case the |
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| 69 | | - | park owner shall bear the burden of demonstrating such fact |
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| 70 | | - | and must, prior to sale, have given the tenant written notice |
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| 71 | | - | thereof, and that unless first corrected, removal will be |
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| 72 | | - | required upon sale. |
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| 73 | | - | (Source: P.A. 85-998.) |
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| 74 | | - | Section 99. Effective date. This Act takes effect upon |
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| 75 | | - | becoming law. |
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| 62 | + | |
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| 63 | + | |
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| 64 | + | |
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| 65 | + | HB2338 Enrolled - 2 - LRB103 28614 LNS 54995 b |
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| 66 | + | |
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| 67 | + | |
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| 68 | + | HB2338 Enrolled- 3 -LRB103 28614 LNS 54995 b HB2338 Enrolled - 3 - LRB103 28614 LNS 54995 b |
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| 69 | + | HB2338 Enrolled - 3 - LRB103 28614 LNS 54995 b |
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| 70 | + | 1 (2) That the maximum percentage figure for the services in |
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| 71 | + | 2 the resale of the mobile home by the park owner or his agent of |
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| 72 | + | 3 the park owner shall be set forth in writing prior to the sale. |
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| 73 | + | 4 The park owner is prohibited from requiring, upon the sale |
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| 74 | + | 5 by a tenant of a mobile home to a qualified purchaser, the |
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| 75 | + | 6 removal from the park of such mobile home unless the mobile |
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| 76 | + | 7 home is less than 12 feet wide or is significantly |
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| 77 | + | 8 deteriorated and in substantial disrepair, in which case the |
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| 78 | + | 9 park owner shall bear the burden of demonstrating such fact |
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| 79 | + | 10 and must, prior to sale, have given the tenant written notice |
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| 80 | + | 11 thereof, and that unless first corrected, removal will be |
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| 81 | + | 12 required upon sale. |
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| 82 | + | 13 (Source: P.A. 85-998.) |
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| 83 | + | 14 Section 99. Effective date. This Act takes effect upon |
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| 84 | + | 15 becoming law. |
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| 85 | + | |
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| 86 | + | |
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| 87 | + | |
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| 88 | + | |
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| 89 | + | |
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| 90 | + | HB2338 Enrolled - 3 - LRB103 28614 LNS 54995 b |
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