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Illinois Senate Bill SB1940

Illinois 2025-2026 Regular Session

Illinois Senate Bill SB1940 Compare Versions

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11 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1940 Introduced 2/6/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: New Act Creates the Mobile and Manufactured Home Ombudsperson Act. Creates the Office of Mobile and Manufactured Home Ombudsperson within the Department of Public Health. Provides that the Ombudsperson shall offer training, educational materials and course offerings for residents, owners, and other interested persons or groups on the operation and management of mobile and manufactured home parks and the relevant laws that are applicable. Requires the Ombudsperson to establish a written policy for resolving complaints made by residents and a dispute resolution process to assist resolving disputes between owners of mobile home parks and residents. LRB104 08330 JRC 18381 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1940 Introduced 2/6/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED: New Act New Act Creates the Mobile and Manufactured Home Ombudsperson Act. Creates the Office of Mobile and Manufactured Home Ombudsperson within the Department of Public Health. Provides that the Ombudsperson shall offer training, educational materials and course offerings for residents, owners, and other interested persons or groups on the operation and management of mobile and manufactured home parks and the relevant laws that are applicable. Requires the Ombudsperson to establish a written policy for resolving complaints made by residents and a dispute resolution process to assist resolving disputes between owners of mobile home parks and residents. LRB104 08330 JRC 18381 b LRB104 08330 JRC 18381 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB1940 Introduced 2/6/2025, by Sen. Laura M. Murphy SYNOPSIS AS INTRODUCED:
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55 Creates the Mobile and Manufactured Home Ombudsperson Act. Creates the Office of Mobile and Manufactured Home Ombudsperson within the Department of Public Health. Provides that the Ombudsperson shall offer training, educational materials and course offerings for residents, owners, and other interested persons or groups on the operation and management of mobile and manufactured home parks and the relevant laws that are applicable. Requires the Ombudsperson to establish a written policy for resolving complaints made by residents and a dispute resolution process to assist resolving disputes between owners of mobile home parks and residents.
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1111 1 AN ACT concerning property.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 1. Short title. This Act may be cited as the Mobile
1515 5 and Manufactured Home Ombudsperson Act.
1616 6 Section 5. Applicability. This Act applies to all mobile
1717 7 and manufactured home parks governed by the Mobile Home Park
1818 8 Act and Mobile Home Landlord and Tenant Rights Act.
1919 9 Section 10. Definitions. As used in the Act:
2020 10 "Manufactured home" means a factory-assembled, completely
2121 11 integrated structure designed for permanent habitation, with a
2222 12 permanent chassis, and so constructed as to permit its
2323 13 transport, on wheels temporarily or permanently attached to
2424 14 its frame, and is a movable or portable unit that is (i) 8 body
2525 15 feet or more in width, (ii) 40 body feet or more in length, and
2626 16 (iii) 320 or more square feet, constructed to be towed on its
2727 17 own chassis (comprised of frame and wheels) from the place of
2828 18 its construction to the location, or subsequent locations, at
2929 19 which it is connected to utilities for year-round occupancy
3030 20 for use as a permanent habitation, and designed and situated
3131 21 so as to permit its occupancy as a dwelling place for one or
3232 22 more persons, and specifically includes a "manufactured home"
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3939 Creates the Mobile and Manufactured Home Ombudsperson Act. Creates the Office of Mobile and Manufactured Home Ombudsperson within the Department of Public Health. Provides that the Ombudsperson shall offer training, educational materials and course offerings for residents, owners, and other interested persons or groups on the operation and management of mobile and manufactured home parks and the relevant laws that are applicable. Requires the Ombudsperson to establish a written policy for resolving complaints made by residents and a dispute resolution process to assist resolving disputes between owners of mobile home parks and residents.
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6767 1 as defined in subdivision (53) of Section 9-102 of the Uniform
6868 2 Commercial Code. The term shall include units containing parts
6969 3 that may be folded, collapsed, or telescoped when being towed
7070 4 and that may be expected to provide additional cubic capacity,
7171 5 and that are designed to be joined into one integral unit
7272 6 capable of being separated again into the components for
7373 7 repeated towing. The term excludes campers and recreational
7474 8 vehicles. The words "mobile home" and "manufactured home" are
7575 9 synonymous for the purposes of this Act, but the term "mobile
7676 10 home" does not include modular homes and their support
7777 11 systems.
7878 12 "Mobile home park" means a tract of land or 2 or more
7979 13 contiguous tracts of land upon which contain sites with the
8080 14 necessary utilities for 5 or more independent mobile homes for
8181 15 permanent habitation either free of charge or for revenue
8282 16 purposes, and shall include any building, structure, vehicle,
8383 17 or enclosure used or intended for use as a part of the
8484 18 equipment of such mobile home park. Separate ownership of
8585 19 contiguous tracts of land shall not preclude the tracts of
8686 20 land from common licensure as a mobile home park if they are
8787 21 maintained and operated jointly. Neither an immobilized mobile
8888 22 home nor a motorized recreational vehicle shall be construed
8989 23 as being a part of a mobile home park. The terms "mobile home
9090 24 park" and "park" are synonymous for the purposes of this Act.
9191 25 "Department" means the Department of Public Health, unless
9292 26 otherwise indicated.
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103103 1 "Site" means the lot on which the mobile home is located
104104 2 for a period of 2 or more months.
105105 3 "Owner" means the owner of a mobile home site and any
106106 4 person authorized to exercise any aspect of the management of
107107 5 the premises, including any person who directly or indirectly
108108 6 receives rents and has no obligation to deliver the whole of
109109 7 such receipts to another person.
110110 8 "Resident" means any person who occupies a mobile home for
111111 9 dwelling purposes or a lot on which the person parks a mobile
112112 10 home for an agreed upon consideration.
113113 11 "Managing agent" means any person or entity responsible
114114 12 for the operation, management, or maintenance of a mobile home
115115 13 park or manufactured home community.
116116 14 Section 15. Office of the Mobile and Manufactured Home
117117 15 Ombudsperson.
118118 16 (a) There is created within the Department of Public
119119 17 Health, under the supervision and control of the Director, the
120120 18 Office of the Mobile and Manufactured Home Ombudsperson.
121121 19 (b) The Department shall name an Ombudsperson and other
122122 20 persons necessary to discharge the requirements of this Act.
123123 21 The Ombudsperson shall have the powers delegated to them by
124124 22 the Department in addition to the powers set forth in this Act.
125125 23 (c) Neither the Ombudsperson nor the Department shall have
126126 24 any authority to consider matters that may constitute grounds
127127 25 for charges or complaints under the Illinois Human Rights Act;
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138138 1 that are properly brought before the Department of Human
139139 2 Rights or the Human Rights Commission; before a comparable
140140 3 department or body established by a county, municipality, or
141141 4 township pursuant to an ordinance prohibiting discrimination
142142 5 and established for the purpose of investigating and
143143 6 adjudicating charges or complaints of discrimination under the
144144 7 ordinance; or before a federal agency or commission that
145145 8 administers and enforces federal anti-discrimination laws and
146146 9 investigates and adjudicates charges or complaints of
147147 10 discrimination under such laws.
148148 11 (d) Information and advice provided by the Ombudsperson
149149 12 has no binding legal effect and is not subject to the
150150 13 provisions of the Illinois Administrative Procedure Act.
151151 14 Section 20. Training and education. On or before July 1,
152152 15 2026, the Ombudsperson shall begin offering training,
153153 16 outreach, and educational materials and may also arrange for
154154 17 the offering of courses to applicants, licensees, mobile and
155155 18 manufactured home residents, mobile and manufactured home park
156156 19 owners, park managers, and any other person or group the
157157 20 Department deems appropriate in subjects relevant to: (i) the
158158 21 operation and management of mobile home and manufactured home
159159 22 sites and parks; and (ii) the Mobile Home Park Act, the Mobile
160160 23 Home Landlord and Tenant Rights Act, the Abandoned Mobile Home
161161 24 Act, and the Illinois Mobile Home Tiedown Act.
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172172 1 Section 25. Website; toll-free number.
173173 2 (a) The Office shall maintain on the Department's website
174174 3 the following information:
175175 4 (1) the text of this Act, the Mobile Home Park Act, the
176176 5 Mobile Home Landlord and Tenant Rights Act, the Abandoned
177177 6 Mobile Home Act, the Illinois Mobile Home Tiedown Act, and
178178 7 any other statute, administrative rule, or regulation that
179179 8 the Ombudsperson determines is relevant to the operation
180180 9 and management of a mobile and manufactured home park or
181181 10 site;
182182 11 (2) information concerning non-judicial resolution of
183183 12 disputes that may arise within a mobile and manufactured
184184 13 home park, including, but not limited to, alternative
185185 14 dispute resolution programs and contacts for locally
186186 15 available dispute resolution programs;
187187 16 (3) a description of the services provided by the
188188 17 Ombudsperson and information on how to contact the
189189 18 Ombudsperson for assistance; and
190190 19 (4) any other information that the Ombudsperson
191191 20 determines is useful to park managers, licensees, mobile
192192 21 and manufactured home residents, and mobile and
193193 22 manufactured home and site owners.
194194 23 (b) The Office may make available during regular business
195195 24 hours a statewide toll-free telephone number to provide
196196 25 information and resources on matters relating to mobile and
197197 26 manufactured home parks.
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208208 1 Section 30. Written policy for resolving complaints.
209209 2 (a) Each park, except for those specified in subsection
210210 3 (b) of this Section, shall adopt a written policy for
211211 4 resolving complaints made by residents. The park shall make
212212 5 the policy available to all residents upon request. The policy
213213 6 must include:
214214 7 (1) a sample form on which a resident may make a
215215 8 complaint to the park managing agent;
216216 9 (2) a description of the process by which complaints
217217 10 shall be delivered to the park managing agent;
218218 11 (3) the park managing agent's timeline and manner of
219219 12 making final determinations in response to a unit owner's
220220 13 complaint; and
221221 14 (4) a requirement that the final determination made by
222222 15 the park's managing agent in response to a resident's
223223 16 complaint be:
224224 17 (i) made in writing;
225225 18 (ii) made within 180 days after the park's
226226 19 managing agent receives the resident's original
227227 20 complaint; and
228228 21 (iii) marked clearly and conspicuously as "final".
229229 22 (b) Mobile and manufactured home parks exempted from the
230230 23 Mobile Home Park Act are not required to have a written policy
231231 24 for resolving complaints.
232232 25 (c) No later than July 1, 2026, parks, except for those
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243243 1 identified in subsection (b) of this Section, must establish
244244 2 and adopt the policy required under this Section.
245245 3 (d) Parks first licensed after July 1, 2026, except for
246246 4 those identified in subsection (b) of this Section, must
247247 5 establish and adopt the policy required under this Section
248248 6 within 180 days following licensure.
249249 7 (e) A resident may not bring a request for assistance
250250 8 under Section 40 of this Act for a park's lack of or inadequacy
251251 9 of a written policy to resolve complaints but may notify the
252252 10 Department in writing of the park's lack of or inadequacy of a
253253 11 written policy.
254254 12 Section 35. Dispute resolution.
255255 13 (a) Beginning on July 1, 2026, and subject to
256256 14 appropriation, owners and residents meeting the requirements
257257 15 of this Section may make a written request, as outlined in
258258 16 subsection (f) of this Section, to the Ombudsperson for
259259 17 assistance in resolving a dispute that involves a violation of
260260 18 the Act.
261261 19 (b) The Ombudsperson shall not accept requests for
262262 20 resolutions of disputes for which there is a pending complaint
263263 21 filed in any court or administrative tribunal in any
264264 22 jurisdiction or for which arbitration or alternative dispute
265265 23 resolution is scheduled to occur or has previously occurred.
266266 24 (c) The assistance described in subsection (a) of this
267267 25 Section is available only to owners and residents. For a
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278278 1 resident to receive the assistance from the Ombudsperson
279279 2 described in subsection (a) of this Section, the resident
280280 3 must:
281281 4 (1) Owe no outstanding assessments, fees, or funds to
282282 5 the park, unless the assessments, fees, or funds are
283283 6 central to the dispute;
284284 7 (2) Allege a dispute that was initiated, or initially
285285 8 occurred, within the 2 calendar years preceding the date
286286 9 of the request;
287287 10 (3) Have made a written complaint pursuant to the
288288 11 Park's complaint policy, as outlined in Section 35, which
289289 12 alleged violations of the Acts;
290290 13 (4) Have received a final and adverse decision from
291291 14 the Park's managing agent and attach a copy of the Park's
292292 15 managing agent's final adverse decision marked "final" to
293293 16 the request of the Ombudsperson; and
294294 17 (5) Have filed the request within 30 days after the
295295 18 receipt of the park's final adverse decision.
296296 19 (d) A resident who has not received a response, marked
297297 20 "final," to their complaint from the park within a reasonable
298298 21 time may request assistance from the Ombudsperson under
299299 22 subsection (a) of this Section if the resident meets the
300300 23 requirements of items (1), (2), and (3) of subsection (c) of
301301 24 this Section. A resident may not request assistance from the
302302 25 Ombudsperson until at least 90 days after the initial written
303303 26 complaint was submitted to the park's managing agent. The
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314314 1 Ombudsperson may decline a resident's request for assistance
315315 2 on the basis that a reasonable time has not yet passed.
316316 3 (e) The request for assistance shall be in writing, on
317317 4 forms provided electronically by the Ombudsperson, and include
318318 5 the following:
319319 6 (1) the name, address, and contact information of the
320320 7 owner or resident;
321321 8 (2) the name, address, and contact information of the
322322 9 park;
323323 10 (3) the applicable park governing documents unless the
324324 11 absence of governing documents is central to the dispute;
325325 12 (4) the date of the final adverse decision by the
326326 13 park's managing agent;
327327 14 (5) a copy of the park's written complaint policy
328328 15 required under Section 35 of this Act;
329329 16 (6) a copy of the owner or resident's complaint to the
330330 17 park's managing agent with a specific reference to the
331331 18 alleged violations of the Act;
332332 19 (7) documentation verifying the owner's ownership of a
333333 20 unit, or documentation verifying the resident's lease of
334334 21 the property; and
335335 22 (8) a copy of the park's managing agent adverse
336336 23 decision marked "final," if applicable.
337337 24 (f) On receipt of an owner or resident's request for
338338 25 assistance that the Department determines meets the
339339 26 requirements of this Section, the Ombudsperson shall, within
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350350 1 the limits of the available resources, confer with the
351351 2 interested parties and assist in efforts to resolve the
352352 3 dispute by mutual agreement of the parties.
353353 4 (g) The Ombudsperson shall assist only opposing parties
354354 5 who mutually agree to participate in dispute resolution.
355355 6 (h) An owner or resident is limited to one request for
356356 7 assistance per dispute. The meaning of dispute is to be
357357 8 broadly interpreted by the Department.
358358 9 (i) The Department has the authority to determine whether
359359 10 or not a final decision is adverse under paragraph (4) of
360360 11 subsection (c) of this Section.
361361 12 (j) The Department shall, on or before July 1, 2026,
362362 13 establish rules describing the time limit, method, and manner
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364364 15 Section 40. Confidentiality.
365365 16 (a) All information collected by the Department in the
366366 17 course of addressing a request for assistance or for any other
367367 18 purpose pursuant to this Act shall be maintained for the
368368 19 confidential use of the Department and shall not be disclosed.
369369 20 The Department shall not disclose the information to anyone
370370 21 other than law enforcement officials or regulatory agencies
371371 22 that have an appropriate regulatory interest as determined by
372372 23 the Director. Information and documents disclosed to a
373373 24 federal, State, county, or local law enforcement agency shall
374374 25 not be disclosed by that agency for any purpose to any other
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385385 1 agency or person.
386386 2 (b) A request for information made to the Department or
387387 3 the Ombudsperson under this Act does not constitute a request
388388 4 under the Freedom of Information Act.
389389 5 (c) The confidentiality provisions of this Section do not
390390 6 extend to educational, training, outreach material,
391391 7 statistical data, and operational information maintained by
392392 8 the Department in administering this Act.
393393 9 Section 45. Reports. The Department shall submit an annual
394394 10 written report on the activities of the Office to the General
395395 11 Assembly. The Department shall submit the first report no
396396 12 later than July 1, 2027. Beginning in 2028, the Department
397397 13 shall submit the report no later than October 1 of each year.
398398 14 The report shall include all of the following:
399399 15 (1) annual workload and performance data, including
400400 16 (i) the number of requests for information; (ii) training,
401401 17 education, or other information provided; (iii) the manner
402402 18 in which education and training was conducted; and (iv)
403403 19 the staff time required to provide the training,
404404 20 education, or other information. For each category of
405405 21 data, the report shall provide subtotals based on the type
406406 22 of question or dispute involved in the request; and
407407 23 (2) if relevant information is available, analysis of
408408 24 the most common and serious types of concerns happening in
409409 25 mobile home parks, along with any recommendations for
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420420 1 statutory reform to reduce the frequency or severity of
421421 2 those disputes.
422422 3 Section 50. Rules. The Department may, from time to time,
423423 4 adopt such rules as are necessary for the administration and
424424 5 enforcement of any provision of this Act. Any rule adopted
425425 6 under this Act is subject to the rulemaking provisions of the
426426 7 Illinois Administrative Procedure Act.
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