Sen. Melinda Bush
Filed: 5/2/2017
 
 

 

 

 
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1
AMENDMENT TO SENATE BILL 1334




2    AMENDMENT NO. ______. Amend Senate Bill 1334 by replacing 
3everything after the enacting clause with the following:

 
4    "Section 5. The Mobile Home Landlord and Tenant Rights Act 
5is amended  by changing Section 6.7 as follows:
 
6    (765 ILCS 745/6.7)
7    Sec. 6.7. Violations; inspection reports; postings; 
8penalty.
9    (a)   Any nonconformance with a statute, rule, or ordinance 
10applicable to the mobile home park or manufactured home 
11community constitutes a violation. The authority having 
12jurisdiction shall identify violations in an inspection 
13report.  The inspection report shall be served upon the park 
14owner or managing agent in person or by certified United States 
15mail, return receipt requested, postage prepaid.
16    (b)  The park owner or its managing agent shall post in a 
 
 
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1conspicuous place any inspection report received from the 
2authority having jurisdiction regarding health and life safety 
3violations as defined in rules promulgated by the Illinois 
4Department of Public Health.   The inspection report shall be 
5posted beginning the business day after the date by which the 
6violation or violations must be corrected as set forth in the 
7inspection report issued by the authority having jurisdiction.  
8The posting may be removed only when:
9        (1)  the authority having jurisdiction has issued 
10    written authorization to remove the posting; or
11        (2)  the park owner or its managing agent has corrected 
12    the violation or violations, served notice to the authority 
13    having jurisdiction that the violation or  violations have 
14    been corrected by submitting such documentation or 
15    affidavit as may be necessary to substantiate the 
16    correction by certified United States mail, return receipt 
17    requested, postage prepaid, and no less than 15 days have 
18    expired from the mailing date of the notice to the 
19    authority having jurisdiction.
20    (c)  Nothing in this Act may be construed to diminish, 
21impair, or otherwise affect the authority of the authority 
22having jurisdiction to charge violations under the Mobile Home 
23Park Act or any other statute, rule, or ordinance applicable to 
24the mobile home park or manufactured home community.
25    (d)  Failure to comply with the requirements of this Section 
26subjects the park owner or managing agent to a $250 penalty.  
 
 
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1The penalty shall be payable to the authority having 
2jurisdiction which issued the inspection report citing 
3violations.
4    (e)  For purposes of enforcement of this Section by the 
5Illinois Department of Public Health, the Illinois 
6Administrative Procedure Act is hereby expressly adopted. The 
7Illinois Department of Public Health has the authority to 
8promulgate rules to enforce this Section.
9    (f)  For purposes of enforcement of this Section by any 
10authority having jurisdiction other than the Illinois 
11Department of Public Health, the authority having jurisdiction 
12has the authority to adopt ordinances to enforce this Section. 

13    (g) A unit of local government, as defined in Article VII, 
14Section 1 of the Illinois Constitution of 1970, has the 
15authority to enact, maintain, and enforce an ordinance or 
16resolution denying park owners the ability to increase rent, 
17fees, or other charges imposed upon tenants if the park owner 
18has failed to correct a health or life safety violation, as 
19defined in rules adopted by the Department of Public Health or 
20the authority having jurisdiction, until the violations are 
21corrected as set forth in the inspection report issued by the 
22authority having jurisdiction. 
23(Source: P.A. 98-1062, eff. 1-1-15.)".