Bill Text: IL HB1142 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Creates the Manufactured Housing Buyer Protection Act. Provides that, if, after a reasonable number of attempts, the seller of a manufactured housing unit is unable to conform the manufactured housing unit to any of its applicable express warranties, then the manufacturer must either provide the consumer with a new manufactured housing unit of like model line, if available, or otherwise a comparable manufactured housing unit as a replacement, or accept the return of the manufactured housing unit from the consumer and refund to the consumer the full purchase price or lease cost of the new manufactured housing unit, including all collateral charges, less a reasonable allowance for consumer use of the manufactured housing unit, but only when the consumer has first resorted to an informal settlement procedure applicable to such disputes. Provides that persons electing to proceed and settle under the Act are barred from a separate cause of action under the Uniform Commercial Code. Provides guidelines for commencement of such actions. Requires the seller who sells a new manufactured housing unit to a consumer, upon delivery of that manufactured housing unit to the consumer, to provide the consumer with a written statement clearly and conspicuously setting forth in full detail the consumer's rights under specified provisions of the Act. Makes the Act applicable to manufactured housing sold after the effective date of this Act.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2009-08-25 - Public Act . . . . . . . . . 96-0750 [HB1142 Detail]

Download: Illinois-2009-HB1142-Enrolled.html

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HB1142 Enrolled LRB096 08678 KTG 18803 b
AN ACT concerning business.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Modular Housing Buyer Protection Act.
Section 5. Definitions. As used in this Act:
"Consumer" means an individual who purchases a new modular
housing unit from the seller for primarily personal, household,
or family purposes.
"Express warranty" has the meaning given to that term in
the Uniform Commercial Code.
"Modular home" means factory built housing regulated by the
Illinois Department of Public Health that consists of a
building assembly or system of building sub-assemblies,
designed for habitation as a dwelling for one or more persons,
including the necessary electrical, plumbing, heating,
ventilating, and other service systems, which is of closed or
open construction and which is made or assembled by a
manufacturer, on or off the building site, for installation, or
assembly and installation, on the building site with a
permanent foundation.
Section 10. State-approved modular housing units;

HB1142 Enrolled - 2 - LRB096 08678 KTG 18803 b
state-approved seals; construction requirements.
(a) The state-approved modular dwelling unit must comply
with all applicable Illinois statutes pertaining to modular
dwelling units. Failure to comply with any provisions of the
prevailing statutes shall constitute sufficient grounds for
suspension, revocation, or refusal to grant approval to a
manufacturer or an authorized inspection agency. These actions
shall be governed by the Department of Public Health's Rules of
Practice and Procedure in Administrative Hearings (77 Ill. Adm.
Code 100).
(b) An approved modular housing unit shall have a yellow
seal on the electrical panel box of the home or on the inside
of the kitchen sink cabinet.
(c) Unlike manufactured homes, the local building official
may require additional items other than the minimum State
requirements to be incorporated into the construction.
Section 15. Application of Act. This Act shall apply to
modular housing sold after the effective date of this Act.