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(A) All owners, landlords and/or managing agent must complete the city training program or have been certified by another municipality’s crime-free housing program.
(B) The city training program will consist of the following items:
(1) Crime-free housing overview;
(2) Applicant screening - protected classes;
(3) Crime-free lease addendum/ordinance and community rules;
(4) Rental law - resources for eviction and other legal information;
(5) Criminal behavior and crime prevention;
(6) Crime prevention through environmental designs - target hardening; and
(7) Rental incident forms and reporting procedures.
(1960 Code, § 3-3-11) (Ord. 7715, passed 9-16-2013; Ord. 8071-2017, passed 7-17-2017)
(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)
(A) All owners/landlords/managing agents shall:
(1) Conduct a U.S. comprehensive criminal search on all prospective tenants and occupants age 18 and over prior to executing a lease or rental agreement. The search must go back at least seven years including all known addresses, and must also check nationally recognized sex offender registration websites. The owner, landlord or managing agent may conduct this search, or may have a reputable agency conduct this search, at his, her or its own expense. A fee may be incurred; and
(2) Conduct a U.S. comprehensive criminal search on all persons/occupants age 18 and over prior to allowing the person(s)/occupant(s) to be added to the occupancy permit. The search must go back at least seven years including all known addresses, and must also check nationally recognized sex offender registration websites. The owner, landlord or managing agent may conduct this search, or may have a reputable agency conduct this search, at his, her or its own expense. A fee may be incurred.
(B) The owner/landlord/managing agent is required to maintain the U.S. comprehensive criminal search(es) on file as long as the tenant occupies the unit.
(1960 Code, § 3-3-13) (Ord. 7715, passed 9-16-2013; Ord. 8071-2017, passed 7-17-2017)
(A) All owners, landlords and/or managing agents shall complete and submit a U.S. comprehensive criminal search verification form provided by the Health and Housing Department along with the lease or rental agreement when the tenant obtains the occupancy permit. This form must also be completed and submitted before permission will be granted to add a person to the occupancy permit.
(B) This form shall include the following:
(1) A thorough U.S. comprehensive criminal search for the past seven years including all known addresses, and including nationally recognized sex offender registration websites has been conducted by (name of company/individual performing search) on (date) on the following persons who will reside at (address):
(a) Name, birthdate;
(b) Name, birthdate; and
(c) Name, birthdate.
(2) The quotation: “In compliance with § 154.53 of the city code of ordinances, I have reviewed all U.S. Comprehensive Criminal Searches of all individuals eighteen (18) years of age and older prior to executing the Rental Agreement”;
(3) Signature of owner/landlord/managing agent; and
(4) Title of owner/landlord/managing agent.
(1960 Code, § 3-3-14) (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)
A rental incident form (RIF) may be created by the responding police officer on a call to a rental unit related to disturbances or criminal activity at or near that rental unit.
(1960 Code, § 3-3-16) (Ord. 7715, passed 9-16-2013; Ord. 8071-2017, passed 7-17-2017)
(A) All owners, landlords or managing agents of any rental property located within the city shall first qualify for and possess a current and valid crime-free housing certificate. The certificate shall be specific to the individual and shall not be transferable.
(B) No owner, landlord or managing agent shall qualify for a crime-free housing certificate unless the applicant first documents to the Director of Residential and Commercial Development Services:
(1) The owner, landlord or managing agent has attended and successfully completed a seminar, conducted or authorized by the Director of Residential and Commercial Development Services for owners, landlords and managing agents; and
(2) The owner, landlord or managing agent has satisfied and paid all fees, fines, judgments and liens in favor of the city and against the licensed or proposed licensed owner, landlord or managing agent or the rental property.
(1960 Code, § 3-3-17) (Ord. 7715, passed 9-16-2013; Ord. 8071-2017, passed 7-17-2017; Ord. 8433-2020, passed 3-2-2020)
(A) It shall be a violation of this subchapter for any owner, landlord or managing agent of a rental unit to:
(1) Fail to take prompt, diligent and lawful steps to remove the tenant from possession of the rental unit:
(a) Following notice of the commission of a felony or a Class A misdemeanor in the rental unit where allowed or permitted by tenant;
(b) Following notice of four ordinance violations committed within any six-month period in the rental unit, or in common areas related to the rental unit, where allowed or permitted by tenant; or
(c) Following notice of other violation of the crime-free rental agreement addendum, as now or as hereafter amended, where violation of that addendum expressly constitutes good cause for termination of the rental agreement.
(2) Fail to pay and satisfy any fee, fine, judgment or lien in favor of the city and against the licensed owner, landlord or managing agent, or the rental property.
(B) The Director of Residential and Commercial Development Services shall provide notice to the owner, landlord or managing agent that a complaint has been filed with the Hearing Officer appointed hereunder. The Hearing Officer shall conduct a hearing to suspend or revoke the crime-free housing certificate of any owner, landlord or managing agent where, after notice and hearing, the Hearing Officer shall make findings determining:
(1) Whether any act or omission that would constitute a felony or a Class A misdemeanor under state law was committed on the leased premises (rental unit) or on common areas related to the licensed premises (rental unit);
(2) Whether four or more violations of city ordinances were committed within any six-month period within the leased premises (rental unit), or on common areas related to the leased premises (rental unit);
(3) Whether the certified owner, landlord or managing agent failed to take prompt, diligent and lawful steps to remove the tenant from possession of the leased premises (rental unit):
(a) Following notice of the commission of a felony or a Class A misdemeanor in the leased premises (rental unit) where committed, allowed or permitted by tenant; or
(b) Following notice of four ordinance violations committed within any six-month period in the leased premises (rental unit), or in common areas related to the leased premises (rental unit), where committed, allowed or permitted by tenant; or
(c) Following notice of other violation of the crime-free rental agreement addendum, as now or as hereafter amended, where violation of that addendum expressly constitutes good cause for termination of the rental agreement.
(4) Whether the owner, landlord or managing agent failed to pay and satisfy any fee, fine, judgment or lien in favor of the city and against the licensed owner, landlord or managing agent, or the rental property.
(C) The city and the owner, landlord or managing agent shall be given 14 days’ notice of any hearing under this section for the suspension or revocation of a crime-free housing certificate, and the city and the owner, landlord or managing agent shall be given an opportunity to present relevant evidence. If the hearing on suspension or revocation of a crime-free housing certificate is to be based on the conduct of a tenant or the conduct in a tenant’s rental unit, the tenant shall also be given 14 days’ notice of any hearing under this section and shall also be given an opportunity to be heard. The Hearing Officer shall have the power to administer oaths and require the attendance of any city employees. The hearing shall be recorded. Upon consideration of the evidence presented at hearing, the Hearing Officer shall make written findings of fact and issue a written decision, which shall be promptly mailed to the city and the owner, landlord or managing agent as applicable. The affirmative defense provided in 75 ILCS 5/9-106.2 shall be available to the owner, landlord, managing agent or tenant at any hearing held hereunder.
(D) If at the hearing held hereunder, the Hearing Officer finds a violation of this subchapter, the Hearing Officer shall be authorized to order as to the owner, landlord or managing agent, one or more of the following:
(1) Retraining and successful completion of a crime-free housing seminar, conducted or authorized by the Director of Residential and Commercial Development Services within a specified time frame to be determined by the Hearing Officer;
(2) Suspension of the owner, landlord, or managing agent’s crime-free housing certificate for up to 90 days or 60 days after completion of corrective action, during which time the owner, landlord or managing agent will be unable to issue any new rental agreements;
(3) Revocation of the owner, landlord or managing agent’s crime-free housing certificate. Notwithstanding any contrary provision herein, the owner, landlord or managing agent may invoke at hearing an affirmative defense set forth in § 9-106.2 of the Illinois Code of Civil Procedure (735 ILCS 5/9-106.2) that, if proven by a preponderance of the evidence, shall avoid the requirement to remove the tenant from the leased premises (rental unit) for any initial incident involving domestic violence or sexual violence at the leased premises (rental unit), provided that the owner, landlord or managing agent must have barred the perpetrator of such domestic violence or sexual violence in accordance with applicable subsections (f) and/or (g) thereof.
(1960 Code, § 3-3-18) (Ord. 7715, passed 9-16-2013; Ord. 8071-2017, passed 7-17-2017; Ord. 8433-2020, passed 3-2-2020) Penalty, see § 154.99
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