New Illinois law sparks fear of possible statewide landlord registry

(The Center Square) – A new Illinois law says mobile home tenants can’t be evicted for not paying rent, but only if the park itself is not up on their license and fees.

State Rep. Anna Moeller, D-Elgin, carried Senate Bill 2834 in the House and explained the measure already exists in current statute but the replication in the Mobile Home Landlord and Tenants Rights Act is a way to bring greater awareness to residents that this is existing law.

“Unfortunately we do have about 60 plus communities that are regulated under the Department of Public Health that remain unlicensed. Unlicensed communities tend to have greater life-safety code violations and this legislation is to not only inform residents of their rights [but] to also encourage the owners of these communities to get licensed,” said Moeller.

Gov. J.B. Pritzker recently enacted the measure.

State Rep. C.D. Davidsmeyer, R-Murrayville, said he appreciated Moeller working with the Manufactured Housing Association on finding a solution to getting rid of bad actors in that space, but he raised concerns about how this bill is the first step to a possible statewide landlord registry.

“If you see red [no votes] up here, I don’t think it’s because the bill is bad, it's concern about that nose under the tent … just a first step towards a landlord registry. The concern is what’s coming next,” said Davidsmeyer.

Recently, the Pennsylvania state Supreme Court decided not to weigh in on the legality of a defunct Pittsburgh landlord registry bill. The court decided that the ordinance in question was already defunct. In a lawsuit, the Landlord Service Bureau and the Apartment Association of Metropolitan Pittsburgh argued the registry was unconstitutional.

Davidsmeyer questioned Moeller on the House floor.

“Is your intent to follow this up with a landlord registration? Because I think there’s concerns from landlords and realtors that this will be a first-step towards that goal,” said Davidsmeyer.

Moeller pivoted and explained how the legislature passed separate legislation to address unlicensed communities.

“I’m not sure I understand the question in terms of registration,” said Moeller. “But we did pass legislation several weeks ago that increases the fines for unlicensed communities and also increases the annual fees communities pay so that we can hire additional inspectors in the Department of Public Health and give the state the ability to go out and enforce these regulations in a more robust fashion,” said Moeller.

The Pittsburgh legislation requires rental property owners to get a permit from the city after an inspection of the unit. The plaintiffs sued the city and argued that the permitting fee would constitute an “illegal revenue-generating tax.”

The Illinois bill passed unanimously out of the Senate with state Sen. Chapin Rose, R-Mahomet, sponsoring it. In the House, 39 lawmakers voted against the measure. The law takes effect Jan. 1 2025.