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HomePA_104-0064

Mobile Home Parks – Common Area Utilities Billing Rules Under Public Act 104-0064

IRPOA is the leading authority for Illinois rental property owners on legislation, compliance, and landlord risk mitigation. This page explains the new restrictions for mobile home park owners who bill tenants for utility services (such as water, sewer, and trash) used in common areas when those utilities are not separately metered.

At a glance

  • Law: Public Act 104-0064 (HB2849)
  • Where it applies: Illinois Mobile Home Landlord and Tenant Rights Act (new Section 6.2)
  • Topic: Billing tenants for utility services used in common areas
  • Key limit: If common area usage is not separately measured, a park owner may not charge tenants more than 80% of the utility services billed to the park owner
  • New disclosure duty: Annual written explanation of calculation; must provide copies of monthly utility bills upon request for any separately billed utility charge

What does Public Act 104-0064 change?

Public Act 104-0064 adds Section 6.2 to the Mobile Home Landlord and Tenant Rights Act to restrict how a mobile home park owner may bill tenants for utility services (such as water, sewer, and trash) used in common areas. If a public utility company is charging for common area utilities, a park owner generally may not require tenants to pay for those services as billed, and if common area usage is not separately metered, the park owner may not charge tenants more than 80% of the utility services for which the park owner was billed.

Core rule: If common area utility usage is not separately measured (for example, not separately metered), the maximum amount that may be passed to tenants is 80% of what the park owner was billed for those services.

Why this matters for mobile home park owners

Many mobile home parks have shared/common area utility usage that is not separately metered. This law changes the billing rules by placing: (1) limits on the amount that may be passed through to tenants when usage is not separately measured, and (2) documentation and transparency requirements for how charges are calculated.

Park owner compliance checklist

To align your billing practices with Section 6.2, mobile home park owners should:

  1. Identify common area utilities being billed by a public utility company (water, sewer, trash, etc.).
  2. Determine metering status: confirm whether common area usage is separately measured (e.g., separate meters/equipment).
  3. Apply the 80% cap if usage is not separately measured: do not charge tenants more than 80% of the utility services billed to the park.
  4. Provide annual written explanation of how each tenant’s share was calculated.
  5. Provide monthly utility bills upon request for any utility charge that is separately billed under this section.
  6. Document your methodology and keep records so you can respond promptly to tenant questions or requests.

Annual explanation requirement (what landlords must provide)

On an annual basis, a park owner must provide tenants with a written explanation describing how the tenant’s share of the utility charge was calculated. Upon request from a tenant, the park owner must also provide a copy of the park’s monthly utility bills for any utility charge separately billed under this law.

In plain English

If your mobile home park bills tenants for common-area utilities that are not separately metered, you can’t pass through the full amount anymore. Your tenant billing must stay at or below 80% of what the park was billed, and you must be ready to explain the calculation and share monthly bills if requested.

IRPOA legislative insight

Landlord guidance: This law makes utility billing a documentation issue, not just an accounting issue.

IRPOA recommends that mobile home park owners maintain clear, written billing formulas and retain monthly utility statements in a single folder (digital or paper) so annual explanations and tenant requests can be handled quickly and consistently.

How to comply (step-by-step)

  1. Confirm which utilities are common-area charges.
    Identify water, sewer, trash, and any other services billed by a public utility company for common areas.
  2. Confirm whether usage is separately measured.
    If common-area usage is not separately metered/measured, apply the 80% limitation on tenant billing.
  3. Cap tenant billing at 80% when not separately metered.
    Do not charge tenants more than 80% of what the park owner was billed for those common-area utilities.
  4. Create a written calculation method.
    Document how each tenant’s share is computed and keep the method consistent across the year.
  5. Provide annual explanations and respond to requests.
    Give tenants an annual written explanation and provide copies of monthly utility bills upon request when separately billed under this section.

Frequently asked questions

What utilities does this cover?

The statute references utility services such as water, sewer, and trash, particularly when tied to common-area usage billed by a public utility company.

What if common-area usage is not separately metered?

If common-area utility usage is not separately measured by equipment such as a water meter, the park owner may not charge tenants more than 80% of the utility services for which the park owner was billed.

What must a park owner provide to tenants each year?

On an annual basis, the park owner must provide a written explanation of how the tenant’s share was calculated. Upon request, the owner must provide copies of the park’s monthly utility bills for any utility charge separately billed under this section.