(A) Owner responsibilities."Owners" and "owner's agents" must comply with all rules and regulations required in the Crime-Free Rental Housing Program.
(1) Owners or "owner's agent" must advise prospective tenants of the city's Crime- Free Rental Housing Program.
(2) All owners or owners' agents shall require a signed lease, identifying all tenants 18 years of age or older.
(3) All landlords shall incorporate into the body of all leases or rental agreements, or renewals of leases or rental agreements, the first and last legal names, gender and date of birth of all individuals who will reside at the rental property during the term of the lease. All such landlords shall also require their tenants, as a condition of their lease, to provide written notice containing the first and last legal names, gender and date of birth of any guests who will be temporarily residing at the rental property for more than a calendar week (seven consecutive days).
(4) Owners or owner's agents must have all adult tenants sign the Crime-Free Lease Addendum that must read as follows:
In addition to all other terms of this lease, landlord and tenant agree as follows: The tenant, any member of the tenant's household, any guest or any other person or persons associated with the tenant or his or her household. 1. Shall not engage in any criminal activity or violation of local, state or federal law, when such activity or violation constitutes a threat to public health or safety or which constitute a breach of the peace or disorderly conduct, on or near the rental unit, common areas or appurtenances; 2. Shall not engage in any act intended to facilitate any violation of local, state or federal law, when such activity or violation constitutes a threat to public health or safety, and/or obstruction or resistance of law enforcement efforts against criminal activity on or near the rental unit, common areas or appurtenances; 3. Shall not knowingly permit, solicit, aid or abet activities on or near the rental unit, common areas or appurtenances, which facilitate any violation of local, state or federal law, when such activity or violation constitutes a threat to public health or safety or which constitute a breach of the peace or disorderly conduct. Should the tenant, any member of the tenant's household, any guest or any other person or persons associated with the tenant, or his or her household, violate any provisions stated herein on or near the rental unit, common areas or appurtenances, such a violation shall constitute a material non-compliance with the lease and shall further constitute grounds for termination of tenancy and eviction. Violation of any of the above provisions shall be a material and irreparable violation of the lease and good cause for termination of tenancy. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and a material and irreparable non-compliance. It is understood that a single violation shall be good cause for immediate termination of the lease. Proof of violation shall not require criminal conviction, but the tenant understands and agrees that an arrest (supported by admissible corroborating evidence that criminal activity in violation of the above provisions has occurred) for a described violation or criminal activity shall be sufficient evidence of a violation and grounds for termination of tenant's tenancy and occupancy. In addition, commission of city ordinance violations on three or more separate occasions in a six-month period or on six or more separate occasions in a 12-month period when such violations constitute threats to public health or safety or which constitute a breach of the peace or disorderly conduct shall be good cause for termination of tenancy. Should tenant or occupant, on one or more occasions, use or permit the use of the rental unit or rental property for the commission of a felony or Class A misdemeanor under the laws of the state, the landlord shall have the right to void the lease and recover the rental unit or rental property pursuant to 735 ILCS 5/9-120. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern. NOTE: A TENANT WILL NOT BE IN VIOLATION OF THIS LEASE OR SUBJECT TO EVICTION FOR CONTACTING THE POLICE, OR FOR SEEKING OTHER PUBLIC SERVICES, AS A CRIME VICTIM OR CONCERNED PERSON. A TENANT WILL NOT BE IN VIOLATION OF THIS LEASE OR SUBJECT TO EVICTION FOR REPORTING ACTS OF DOMESTIC VIOLENCE, DATING VIOLENCE, SEXUAL ASSAULT OR STALKING. A TENANT IS ENCOURAGED TO REPORT THESE CRIMES WITHOUT FEAR OF HIS OR HER STATUS AS A TENANT. |
(B) Tenant access to owner or owner’s agent. The owner or owner's agent of a rental residential property shall provide each tenant or occupant with the name and telephone number of a responsible person, or managing agent, who in emergency situations will be available on a 24-hour basis and who has the authority to make repairs as needed for occupancy.
(C) Maximum number of tenants notification. The owner of a rental residential property shall inform each tenant or occupant in writing, prior to occupancy, of the maximum number of persons allowable by the occupancy standards set forth in this chapter.
(D) Tenant records access. The owner or owner's agent of a residential rental property shall make available to the Building and Housing Director and/or Chief of Police or their designees, upon request, the following: the signed lease, the signed Crime-Free Lease Addendum, credit history and background checks as required to be maintained by this chapter.
(E) Nuisance residential rental property. It is hereby declared a nuisance and declared to be against the health, safety, peace, and comfort of the city for any property owner or owner's agent to knowingly permit the following:
(1) Rental of a rental unit, or residential rental property, to a tenant who knowingly permits, solicits, aids or abets any of the following offenses to occur on or near the rental unit, common areas or appurtenances related to the tenant: murder; kidnapping; sexual assault; robbery; burglary; aggravated kidnapping; prostitution; solicitation of prostitution; pandering; obscenity; child pornography; sale or distribution of obscene publications; criminal housing management; possession of explosives; unlawful use of weapons; sale of firearms; gambling; keeping a gambling place; concealing a fugitive; violation of the state's Controlled Substances Act, being 720 ILCS 570; violation of the Cannabis Control Act, being 720 ILCS 550; or commission of any other crime under state or federal law, which constitutes a threat to public health or safety not specifically listed above. Prohibition of these offenses applies also to members of the tenant's household, guests or other parties under control of the tenant;
(2) Rental of a rental unit, or residential rental property to a tenant who knowingly permits, solicits, aids or abets any of the following offenses to occur on or near the rental unit, common areas or appurtenances relating to the tenant: commission of city ordinance violations on three or more separate occasions in a six-month period or on six or more separate occasions in a 12-month period when such violations constitutes threats to public health or safety or which constitute a breach of the peace or disorderly conduct, or an unreasonably high number of calls for police service including, but not limited to, calls that may fall within the descriptions listed above that when compared to other properties in the city of similar type, reasonably indicate that the activity at this property is out of character for the area and is impacting the quality of life of those in the area. Prohibition of these offenses applies also to members of the tenant's household, guests or other parties under control of the tenant;
(3) Prior to seeking abatement of a nuisance or eviction of tenants under this section, the city shall provide notice to the property owner or owner's agent stating that the property is in danger of being declared a nuisance. If the city seeks the eviction of tenants or the abatement of a nuisance based on the conduct of a tenant or tenant's guests, or the conduct in a tenant's rental unit, then the tenant shall also be provided this notice. Said notice shall include the following:
(a) Description of the property sufficient for identification;
(b) A statement listing the applicable violations(s) of divisions (E)(l) or (E)(2) above; and
(c) Notice that divisions (E)(l) and (E)(2) above do not apply to situations where a tenant is a crime victim or where the tenant or other person calling on the tenant's behalf has called for police service as a crime victim or concerned person. Upon receiving such notice, the property owner, owner's agent, or tenant shall have the right to request an informal hearing before the Chief of Police or his or her designee within seven days of receipt of the notice.
(4) Divisions (E)(l) or (E)(2) above shall not apply if a tenant is a victim of a crime, has called for police service as a crime victim or concerned person or where a third party has called for police service on a tenant's behalf. Further, divisions (E)(l) and (E) (2) above shall not apply if a tenant is a victim of the ordinance violations or has called for police service as a crime victim or concerned person. Further, divisions (E)(1) or (E) (2) above shall not apply to a tenant who reports acts of domestic violence, dating violence, sexual assault or stalking;
(5) The City Police Department's Crime-Free Housing Coordinator may attempt to assist property owners in the abatement of nuisances or with proceedings for the eviction of tenants that have violated any of the provisions of divisions (E)(1) or (E)(2) above; and
(6) For purposes of divisions (E)(1) or (E)(2) above, it shall be sufficient evidence that a described offense occurred if the offender has been arrested or cited for one or more of the offenses described in divisions (E)(1) or (E)(2) above and the arrest or citation is supported by admissible corroborative evidence that criminal activity or an ordinance violation has occurred.
(F) Required class training. The owner of any rental residential property, and when applicable, the property management agent of any rental residential property, shall register, attend and successfully complete a landlord "Crime-Free Rental Housing Program" training class conducted by the city within three months from the date of the issuance of a license or renewal license for a rental residential property.
(1) An owner or property agent of any rental residential property who successfully completes the city landlord training class for "Crime-Free Rental Housing Program" shall not be required to attend and complete a landlord training class following the issuance of any subsequent license or renewal license for any rental residential properties for four years.
(2) If the "Crime-Free Rental Housing Program" class is not attended or certification is denied, the residential rental license for all properties owned or managed by that owner or property manager will be denied or revoked. Penalties set forth in this chapter for non-license compliance will be applicable.
(3) When a new property agent is hired for a rental residential property and that property agent has not attended and successfully completed a landlord training class for "Crime-Free Rental Housing Program" by the city, the new property agent shall attend and successfully complete this class within three months from the date of the person's hiring as the property agent for the rental residential property.
(G) Crime-free rental housing. The landlord or managing agent will be in violation of this chapter if he or she has not complied with all crime-free housing requirements as stated in this section. The Chief of Police or his or her designee shall designate a Crime-Free Rental Housing Co-Coordinator, who shall be responsible for conducting the crime-free housing seminars and maintain a list of the attendees and their dates of attendance.
(Ord. 17-O-2162, passed 1-18-2017; Ord. 24-O-2388, passed 5-15-2024)