(A) Commencing July 1, 2012, and thereafter, a license to operate as a landlord within the Village pursuant to § 150.100 of this Code shall not issue to a landlord unless the landlord, or his/her designated agent, has attended and successfully completed a crime-free housing education course conducted by the Village of Maywood. The Village’s crime-free housing education course shall be facilitated by the Police, Fire and Building and Code Enforcement Departments, and will, among other things, review the tenant screening process, property maintenance code, inspections process, vacant property registry and requirements, chronic public nuisance ordinance, fire safety, any other Village codes or regulations deemed appropriate, and how to make the rental property environment safe and free of crime.
(B) In the event that a landlord submits registration materials and has met all other license requirements, but a crime-free housing education course is not available, a conditional license may be issued, effective for no more than 3 months from the date of issuance, subject to attendance and successful completion by the landlord, or his/her designated agent, of the crime-free housing education course within that time period. Upon completion of the course within the 3 month period, a license to operate as a landlord in the Village shall be issued for the balance of the year. In the event the course is not attended within 3 months, the conditional license shall be void without any need of further action by the Village.
(C) In the event that a designated agent of the landlord attended a crime-free housing education course conducted by the Village of Maywood to comply with this section, and that agent is no longer employed by the landlord or designated by the landlord to be responsible for managing the rental units, the landlord, or a newly designated agent, shall attend and successfully complete the course in the Village within 3 months of the termination or change. Failure to do so shall result in the suspension or revocation of the license to operate as a landlord in the Village.
(D) A landlord or designated agent must attend the Village of Maywood crime-free housing education course at least every 2 years in order to be eligible for renewal of a license to operate as a landlord within the Village. Failure to maintain license eligibility by attending the course again prior to the 2-year anniversary date of the previous course completion shall result in the non-renewal, suspension or revocation of the license to operate as a landlord within the Village. Notice of such nonrenewal, suspension or revocation shall be delivered or mailed to the landlord, or designated agent, at the address designated on the most recent registration form/license application or at any current address provided by the landlord or agent.
(E) (1) At any time prior to the 2-year anniversary date of the previous Village of Maywood crime-free housing education course completion, a landlord or designated agent may be required to attend and successfully complete the crime-free housing education course again, if deemed necessary by the Village Manager. Such requirement may be imposed based on the recommendation of the crime-free housing coordinator to the Village Manager, who shall consider the following in making such determination:
(a) Whether the rental units subject to the license is in danger of becoming or has been designated as a chronic public nuisance as defined in § 150.036 of this Code; or
(b) Whether criminal activity is occurring on the rental unit premises and the landlord has failed to initiate eviction proceedings or take other appropriate action: or
(c) The landlord or designated agent has violated any provision of this chapter: or
(d) Other circumstances that, in the reasonable discretion of the Village Manager, cumulatively indicate a need for retraining.
(2) Failure to attend the Village of Maywood crime-free housing education course within 3 months of being notified by the Village of Maywood of a determination of the need for retraining shall result in the non-renewal, suspension or revocation of the license to operate as a landlord within the Village. Notice of the non-renewal, suspension or revocation shall be delivered or mailed to the landlord, or designated agent, at the address designated on the most recent registration form/license application or at any current address provided by the landlord or agent.
(F) A crime free housing coordinator, to be designated by the Village Manager, shall maintain a current updated list of landlords and/or designated agents who have attended the crime-free housing education course, along with the dates of attendance and verification that the landlord or designated agent has otherwise complied with this Code to be eligible for issuance or renewal of a license to operate as a landlord in the Village. The list shall be provided to the Village Clerk, Finance Director, Village Manager, Building Director, and Police Chief as it is updated.
(G) Commencing July 1, 2012, and thereafter, every lease, including lease extensions, shall contain a crime-free lease addendum or contain a provision in the lease substantially similar to a crime-free lease addendum. The purpose of the crime-free lease addendum or provision is to make criminal activity, including but not limited to violent or drug-related criminal activity, engaged in by, facilitated by or permitted by the tenant, member of the household, guest or other party under the control of the tenant, a lease violation where the activity takes place within the leased premises or anywhere on the landlord’s property, including within related parking areas and common areas. The landlord shall be provided with authority under the addendum or similar lease provision to initiate eviction proceedings pursuant to state law in the event of criminal activity in violation of the addendum or lease provision. Proof of a criminal violation shall be by a preponderance of the evidence. Samples of crime-free lease addendums shall be available from the Building and Code Enforcement Department. Failure to include a crime-free lease addendum or provision in a lease or lease extension subsequent to July 1, 2012 may result in citations or, in the event of repeated non-compliance, the suspension or revocation of the license to operate as a landlord in the Village. The crime-free lease addendum or provision shall be in substantially the following form:
Crime-Free Housing Lease Addendum or Provision
Prohibition against criminal activity on premises.
1. Neither the tenant, any member of the tenant’s household, tenant’s guest(s) nor any person under tenant’s control shall engage in or facilitate quasi-criminal or criminal activity on the leased premises or on the landlord’s property, which includes the leased premises, at .
2. Neither the tenant, any member of the tenant’s household, tenant’s guest(s), nor any person under tenant’s control shall permit the leased premises or landlord’s property to be used for, or to facilitate, quasi-criminal or criminal activity, regardless of whether the individual engaging in such activity is a member of the household, or a quest.
3. Neither the tenant, any member of the tenant’s household, tenant’s guest(s), nor any person under tenant’s control shall engage in or facilitate any breach of the lease agreement that jeopardizes the health, safety, and welfare of the landlord, his or her agent or any other tenant, or involves imminent or actual serious property damage.
4. The tenant is vicariously liable for the quasi-criminal or criminal activity on the leased premises or landlord’s property of any member of the tenant’s household, Tenant’s guest(s), and any person under tenant’s control, whether or not the tenant had knowledge of the activity or whether or not the household member or guest was under the Tenant’s control.
5. One or more violations of subsections 1, 2 or 3 of this lease addendum/provision during the term of the lease shall constitute a substantial violation and a material noncompliance with the lease. Any such violation is grounds for termination of tenancy and eviction from the leased premises. Unless otherwise required by law, proof of violation shall not require a criminal conviction, but shall be by a preponderance of the evidence.
6. In case of conflict between the provisions of this addendum/provision and any other provisions of the lease, the provisions of this addendum/provision shall govern.
7. For purposes of this lease addendum/provision, quasi-criminal or criminal activity shall mean a violation of the Maywood Village Code or other violation of local, state, or federal law.
(Ord. CO-2012-03, passed 1-17-2012; Am. Ord. CO-2021-21, passed 8-17-2021)