001179001179B Answer and Affirmative Defense Private Housing

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                   ANSWER, AFFIRMATIVE DEFENSE, COUNTERCLAIM
NOW COMES defendant ____, and answers plaintiff’s amended complaint and states as her
affirmative defense and counterclaim the following:
1.     That defendant denies that she unlawfully withholds possession of premises commonly
known as ___.
2.     That defendant denies that she is indebted to plaintiff in the amount of $__ or any other
amount.
       WHEREFORE, defendant prays that the complaint for possession and rent be dismissed
and that costs of this action be assessed against plaintiffs.
                                    AFFIRMATIVE DEFENSE
1.     That on or about ___, defendant entered into a written lease with plaintiffs for a one year
tenancy at the above mentioned premises at a present monthly rental rate of $00 per month; in
addition, defendant paid $.00 to plaintiffs as security deposit.
2      That plaintiffs ____and ___ conveyed the property known as ___ to plaintiff Bank of
Belleville by Deed of Trust in the nature of a mortgage on or about __, and plaintiffs ___and ___
continue to exercise aspects of management and receive rents without obligation to deliver the
whole of such receipts to another person.
3.     That __is located on ___. ___ is an area of land upon which five or more independent
mobile homes are 'harbored for rent, and is therefore subject to the provisions of the Mobile
Home Landlord and Tenant Act (hereinafter, the "Act"), 765 ILCS 745/3(c) (1991).
4.     That defendant and her three children, currently and at all times relevant to this action,
have been tenants as defined in the Act, 765 ILCS 745/3(e).
5.     That plaintiffs, currently and at all times relevant to this action, have been park owners as
defined in the Act, 765 ILCS 745/3(d).
 6.    That under the Act the park owner is required to maintain all mobile homes in accordance
with local housing and health codes, 765 ILCS 745/4 and specifically the owners are required to
maintain all electrical, plumbing, gas or other utilities provided by them, in good working
condition, 765 ILCS 745/11(c), and maintain all subsurface water and sewage lines and
connections in good working order, 765 ILCS 745/11(d).
7.     That by virtue of leasing the premises to defendant for residential use plaintiffs impliedly
covenanted and warranted to the defendant that the premises would be safe, healthful, decent and
habitable and in a condition that substantially complies with the minimum housing standards of
___.
8      That the Housing Code of ___was adopted by the corporate authorities of that
municipality under the authority conferred by the Illinois Municipal Code, 65 ILCS 5/11-13-1
et. seq. 5/11-31-1 et seq., 5/11-31.1-1 et
9.     That the condition of the premises occupied by defendant have not been maintained in
compliance with the Act, the Housing Code of __, and are unsafe, unhealthful and unfit for
occupancy in that: The windows and doors do not close properly endangering defendant and her
family and allowing rain to leak in; the stairs for ingress and egress are unstable and otherwise in
dangerous condition;
c.     the fuse box is exposed and not functioning properly;
d.     the exterior sewer line is broken and leaks sewage;
e.     there are many uncovered electrical sockets within the trailer;
f.     there is no skirt on the bottom of the mobile home and the mobile home is not tied down;
g.     the owners have caused the gas utility service to be shut off since ____.
10. That defendant has notified the plaintiff and their agents about the existence of the above
mentioned defects and requested repairs.
11. That plaintiffs have failed and refused to make the repairs requested by defendant and
continue to maintain the premises in violation of the Act, 765 ILCS 745/4, 745/11(c) and
745/11(d), in violation of the Housing Code ___, and in violation of their implied covenant and
promise to defendant to put and keep the premises in a habitable condition.
12.    That if the condition of the premises had been in compliance with the Act, the Housing
Code of __, and had been in a safe, healthful and habitable condition the value of the premises
would had been equal to the rent defendant agreed to pay. The value of the premises in its actual
condition is and has been since defendant assumed possession, approximately zero.
       WHEREFORE, defendant prays that:
A.     The complaint of plaintiff be dismissed;
B.     The costs of this action be assessed against plaintiff.
                                        COUNTERCLAIM
                                             COUNT I
l.-12. That defendant-counterplaintiff realleges and incorporates Paragraphs 1 through 12 of
Affirmative Defense as Paragraphs I through 12 of Count I of the Counterclaim.
13.    That defendant-counterplaintiff has paid plaintiffs-counterdefendants the amount of $00
for rent and security deposit for the period of time she occupied the premises as a residential
dwelling.
14.    That as a result of the plaintiffs-counterdefendant's failure to maintain the property in
compliance with the Act, the Housing Code of __, and the implied warranty of habitability, the
value of said premises have been reduced and the defendant-counterplaintiff injured in the
amount of $00.
15.    That defendant-counterplaintiff and her family are suffering irreparable harm and will
continue to suffer irreparable harm if the plaintiff-counterdefendants are not ordered to comply
with the Act, the Housing Code of ___, and the implied warranty of habitability.
1 6. That defendant-counterplaintiff has no adequate remedy at law for the refusal or failure of
the plaintiffs-counterdefendants to comply with the Act, the Housing Code of _ and with the
implied warranty of habitability.
       WHEREFORE, defendant-counterplaintiff prays that:
A.     Judgment be granted to defendant-counterplaintiff in an amount equal to the rent and
security deposit paid to plaintiff-counterdefendant up to this date.
B.     This Court issue a preliminary and permanent injunction ordering plaintiffs-
counterdefendants to make the necessary repairs on the mobile home rental unit to bring it into
compliance with the sanitation, housing and health codes of ____, and the Act.
C.     This Court order plaintiffs-counterdefendants to pay costs of this action, including
reasonable attorney's fees, as provided for in 65 ILCS 5/11-13-15.
D.     This Court grant such other relief as it may deem proper.