MHOAI
Mobile Home Owners Association of Illinois
In most manufactured home communities the landlord is also the dealer of the home and the financer of the loan to buy the home. It is agreed that you pay your rent on time, be a good neighbor, and maintain your yard and home you can live there as long as you want. But what happens if the community is closed or sold for another usage? Currently, the consumer gets only a notice from the landlord and could lose the home and still have to pay off a loan. The landlord knows he is going to sell the land - and while the homeowner has been a good tenant for years - the landlord is not required to help pay for the relocation or value of the home he sold you. SB 2491 would provide the landlord to help with the financial burden he/she placed on the homeowner/consumer. States which have already put this type of legislation in place include: AZ, CT, FL, MA, NV, OR, RI, DE. ME, MN, NJ, VT, WA.
- If a landlord elects to cease the operation of either all or a portion of the community, the landlord shall pay to the homeowner (1) the manufactured homeowner’s actual relocation costs up to 100 miles and (2) the appraised value of the manufactured home.
- The appraised value of the home shall be fair market value of the home excluding the value of the underlying land determined by an independent appraiser agreed to by the landlord and homeowner. If the parties are unable to agree on an independent appraiser either may have the recourse go to the Illinois Housing Development Authority who shall appoint an appraiser and share the cost of the appraisal equally.
- Exceptions would include that if the homeowner has a pending eviction action for nonpayment of lot rent which was filled against him or her prior to the mailing date of the notice of change use, and if judgment is in favor of the landlord.
- There is a cap. The total amount paid under this section by the park owner must not exceed 35 percent of the sale price, or if no sale price is available, the assessed value of the manufactured home community. If the amount available for relocation expenses is reduced because of this cap, the payments to each manufactured home owner shall be reduced proportionately.
- If the planned cessation of the operation of the community requires a variance or zoning change, the park owner must mail a notice at least ten days before the hearing to a resident of each manufactured home in the community stating the time, place and purpose of the public hearing.
If you have any questions please contact Terry Nelson at 847-220-2692.
Terry Nelson
MHOAI Directors