HB 4123 (Landlord Notice Requirements)

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HB 4123 provides for disclosures in our leases to be required by state law. HB 4123 provides information needed if your landlord would go into bankruptcy and/or foreclosure. When the landlord is not making payments required to continue owning the land and operating the community our home is located in, families should not be kept in the dark and the last to know.

To View HB 4123, go to http://www.ilga.gov/ Type HB 4123 in box on left hand side of page.

HB 4123 (Landlord Notice Requirements) passed the House Chamber with 91 yeas and 11 nays. Representative Martin Moylan was the Chief Sponsor (Dist-55) and we were able to obtain the support of 40 additional State Representatives that also signed onto HB 4123.

HB 4123 now starts the process in the Senate Chamber with Senator Dan Kotowski (Dist. 28) picking up the bill and signing on as Chief Sponsor.

HB 4123 provides for disclosures in our leases to be required by state law. HB 4123 provides information needed if your landlord would go into bankruptcy and/or foreclosure. When the landlord is not making payments required to continue owning the land and operating the community our home is located in, families should not be kept in the dark and the last to know.

 

Who is my legal landlord and what is the business address?

This information is not on my lease and the manager will not share this information.

 

Manager?

This is the third time in a year that there is a new face in the office claiming to be the new manager.

 

Where is the public health department when you need them?

The community sewer system on the street where I live has on-going issues and the manger continues to tell me, “We are dealing with this issue.” Or the manager tells you on-going public health issues that are the landlord’s responsibly, has now become your problem and your cost.

 

Can the local newspaper be correct?

Has my landlord really been in bankruptcy court for almost 2 years? Creditors got their notice at the beginning of this process. How can this be the best kept secret? Why am I the last to know?

 

Is it true, my landlord sold the community I live in to another landlord a year ago?

I own my home and I am paying lot rent to whom?

 

MHOAI shared in our last “MHOAI on the Move” publication that efforts towards required information in our leases and timely notices would be addressed in 2014. Leases that can waver the right to a jury trial or lack of information that includes not disclosing the contact information of the Landlord/Development Company. Many communities now have absentee landlords who have their parent business locations out of state. Illinois citizens who reside in manufactured home communities deserve the same rights that other housing markets are able to take for granted.

Infrastructure of the community such as sewer, garbage, wells, standing water and common areas are the responsibility of the landlord. If a violation is presented to the landlord from a local or state health department, the landlord is given a reasonable time to bring the violation up to code. No one contacts the homeowner and a landlord is not going to knock on your door sharing a code violation that is not being addressed. In cases when boil orders should be given to homeowners, they are not. If a landlord has on-going health code violations and is not going to rectify the issue in a timely manner, homeowners need to know. When this type of information must be acknowledged by the landlord, it is our hope health code violations that can negatively impact a whole community will get taken care of sooner or later.

Most people that do not live in our housing market do not realize that the local government is not responsible for snow plowing, street lights, garbage, roads and sewer issues. Manufactured homeowners in communities do not own the land; we pay rent to a landlord to take care of these responsibilities. Therefore, manufactured home community residents totally depend on the landlord to be responsible for issues and promises that local government would be responsible for.

Sadly, we as homeowners do not have the opportunity to vote a landlord out of office.

HB 4123 provides:

  • The business name, address, and telephone number of the community owner and any manager or designated agent for the manufactured home community.
  • If a community is sold, the purchaser must provide written notice to each homeowner of the business name, address and telephone number of the new community owner and manager or designated agent within 20 days.
  • No lease shall waive the right to a trial by jury.
  • The security deposit received from a homeowner shall continue to be the property of the homeowner and shall not be commingled with the assets of the landlord.
  • In the case of a foreclosure proceeding, the Landlord shall provide written notice of bankruptcy, receivership, or foreclosure to the homeowners within 30 days of the commencement of the case or proceeding.

A notice must be given to the homeowners if a public health code violation is cited by a Public Health Department and has not been rectified in the time period allotted by the Health Department.