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AYDT v. DE ANZA SANTA CRUZ MOBILE ESTATES

February 24, 1989

RAY AYDT, JOSEPH DE FRIER, DOROTHY KANTARSKI, CLIFFORD LLOYD and HOWARD YOUNT, Plaintiffs,
v.
DE ANZA SANTA CRUZ MOBILE ESTATES, a California limited partnership, Defendant


Harry D. Leinenweber, United States District Judge.


The opinion of the court was delivered by: LEINENWEBER

HARRY D. LEINENWEBER, UNITED STATES DISTRICT JUDGE

 Plaintiffs, four residents of a mobile home park in Elgin, Illinois, filed a seven-count complaint seeking declaratory and injunctive relief and damages on behalf of themselves and approximately one thousand one hundred other park residents. Defendant, De Anza Santa Cruz Mobile Estates ("De Anza"), their landlord, is a California limited partnership. At issue here is the interpretation of the Illinois Mobile Home Landlord and Tenant Act (the "Act"), Ill.Rev.Stat., ch. 80, para. 201 (1987). For the reasons herein stated, summary judgment is granted in favor of plaintiffs and against defendant on Counts III, IV, V, VI and VII of the amended complaint.

 The relevant facts are not in dispute. *fn1" Commencing in 1981 defendant offered its park residents a standard form lease for terms of one, two or three years. The lease contained the following provisions:

 
"Upon the expiration of the original term of this lease, it shall automatically be extended for successive one year periods unless resident or De Anza notifies the other in writing not less than thirty days prior to the expiration of the original or any succeeding term that the lease will not be automatically renewed."

 The lease provided for a specified monthly rental for the balance of the calendar year in which the lease began. The lease also contained the following provisions:

 
"Commencing January 1 of each year following that in which the lease term begins, the provisions of 'rental adjustments,' attached hereto as schedule 'A' and made a part hereof by this reference shall apply."

 The relevant portion of exhibit "A" reads as follows:

 
Rental Adjustments
 
"The monthly rental set forth in paragraph 2 of the Lease is the rental for the balance of the calendar year in which this Lease is executed. At the beginning of each succeeding calendar year during the term of this Lease, said rental may, at the option of DE ANZA, be increased by any or all of the following factors:
 
A. The same proportion as the Consumer Price Index (described below) for January of the year of increase bears to the Consumer Price Index for January of the year the Lease was entered into. However, should the percentage increase in said Index exceed 10% during any single adjustment period, the rental increase during that period shall be limited to 10% plus one-half of the difference between that 10% and the rental increase that would result if the full amount of the actual percentage increase in the Index were used for the particular period. (Computations will be rounded to the nearest dollar, 50 cents rounded down, 51 cents rounded up.)

  Examples: Current Rent $200 CPI of 7% x7% = 14 New Rent $214 CPI 12% (10%-1/2 of 2%)x1% = 22 New Rent $222

 
The Consumer Price Index referred to above shall be the United States Department of Labor, Consumer Price Index, U.S. City Average -- All Urban Consumers (1967=100) or successor index ...

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