(A) (1) An owner, landlord and/or managing agent must be cognizant of the public health, safety and welfare of the neighborhood and its citizens.
(2) In order to preserve this trust, the owner, landlord and/or managing agent must have all available information regarding a prospective tenant’s criminal activity prior to making a decision to rent to the prospective tenant.
(3) Therefore, all owners, landlords and/or managing agents shall conduct a U.S. comprehensive criminal search prior to executing a rental agreement.
(4) A signed copy of the U.S. comprehensive criminal search verification and a signed copy of the crime-free rental agreement addendum must accompany the rental agreement when the tenant obtains the occupancy permit. The addendum and verification form will be kept on file at the city’s Residential and Commercial Development Services Office.
(5) The U.S. comprehensive criminal search verification form below and the crime-free rental agreement addendum form below will be available for the owner, landlord, and/or managing agent’s use at the city’s Residential and Commercial Development Services Office or on its website.
(1960 Code, § 3-3-12)
(B) (1) The tenant acknowledges that the city has enacted a crime-free housing ordinance, and in addition to all other terms of the rental agreement, owner/landlord/managing agent and tenant agree as follows. The tenant, any occupant or member of the tenant’s household, any guest or any other person or persons associated with the tenant or his or her household, at the leased premises (rental unit), common areas or appurtenances:
(a) Shall not commit any act or omission that would constitute a felony or a Class A misdemeanor under state law;
(b) Shall not engage in any act intended to facilitate the commission of any act or omission that would constitute a felony or a Class A misdemeanor under state law;
(c) Shall not use or permit the use of the leased premises (rental unit) for the commission of any act that would constitute a felony or a Class A misdemeanor under state law; and/or
(d) Shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the leased premises (rental unit) which is the responsibility of the tenant or relate to the conduct of the tenant.
(2) Any violation of the above provisions shall be a material and irreparable violation of the rental agreement and good cause for immediate termination of tenancy and recovery of the leased premises (rental unit). Unless otherwise provided by law, proof of a violation shall be established by a preponderance of the evidence.
(3) In case of conflict between the provisions hereof and any other provisions of the rental agreement, the provisions of this addendum shall govern to the extent permitted by applicable law.
(4) This addendum is incorporated into the rental agreement executed or renewed this day between the owner/landlord/managing agent and the tenant.
(5) The addendum must include the address of the rental unit. It must also be signed and dated by the owner/landlord/managing agent and all tenants/occupants of age 18 or older.
(1960 Code, § 3-3-15)
(Ord. 7715, passed 9-16-2013; Ord. 8071-2017, passed 7-17-2017 ;Ord. 8371-2019, passed 9-17-2019; Ord. 8433-2020, passed 3-2-2020)