1. Owner Responsibilities:
"Owners" and "owner's agents" must comply with all rules and regulations required in the Crime Free Rental Housing Program.
a. Owners or "owner's agent" must advise prospective tenants of the Village of Orland Park's Crime Free Rental Housing Program, as defined in Section 5-8-2 of this Code.
b. All owners or owners' agents shall require a signed lease, identifying all tenants eighteen (18) years of age or older.
c. 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 (7) consecutive days).
d. 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, within the Village of Orland Park, 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 appurtences;
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/her household, violate any provisions stated herein on or near the rental unit, common areas or appurtenances, such a violation shall constitute a material noncompliance 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 Village ordinance violations on four (4) or more separate occasions in a six (6) month period or on six (6) or more separate occasions in a twelve (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 (1) 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 of Illinois, 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/HER STATUS AS A TENANT.
2. 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 twenty-four (24) hour basis and who has the authority to make repairs as needed for occupancy.
3. 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 Code. (5-8-4-3 (3).
4. Tenant Records Access:
The owner or owner's agent of a residential rental property shall make available to the Development Services 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 Code.
5. Sub-Leasing:
The owner or owner's agent must advise all tenants that sub-leasing is not allowed without prior approval of the owner/managing agent and compliance with the "Crime Free Rental Housing Program" requirements.
6. Construction Requirements:
See the Standards Section (5-8-4-3-12) of this Code for Crime Prevention Through Environmental Design" (CPTED).
7. Nuisance Residential Rental Property:
It is hereby declared a nuisance and declared to be against the health, safety, peace, and comfort of the Village of Orland Park for any property owner or owner's agent to knowingly permit the following:
a. 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 within the Village of Orland Park, 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 Illinois Controlled Substances Act, violation of the Cannabis Control Act 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.
b. 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 within the Village of Orland Park, common areas or appurtenances relating to the tenant: commission of Village ordinance violations on four (4) or more separate occasions in a six (6) month period or on six (6) or more separate occasions in a twelve (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 Village 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.
c. Prior to seeking abatement of a nuisance or eviction of tenants under this Section, the Village 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 Village 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:
i. Description of the property sufficient for identification.
ii. A statement listing the applicable violations(s) of Subsection 7a or 7b.
iii. Notice that Subsections 7a and 7b 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/her designee within seven (7) days of receipt of the notice.
d. Subsections 7a or 7b 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, Subsections 7a and 7b 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, Subsections 7a or 7b shall not apply to a tenant who reports acts of domestic violence, dating violence, sexual assault or stalking.
e. The Village Police Department’s Crime Free Housing Co-Ordinator 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 Subsections 7a or 7b above.
f. For purposes of Subsections 7a and b, 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 Subsections 7a or 7b and the arrest or citation is supported by admissible corroborative evidence that criminal activity or an ordinance violation has occurred.
8. 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 Village of Orland Park within three (3) months from the date of the issuance of a license or renewal license for a Rental Residential Property. (see item 5-8-4-2 item # 6 violations)
a. An owner or property agent of any Rental Residential Property who successfully completes the Village 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 as long as all Properties stay in compliance with the "Crime Free Rental Housing Program" requirements. If a residential rental property owner or agent has successfully completed and received a certificate of completion of the required "Crime Free Rental Housing" training class meeting the requirements of this Code in the last five (5) years, the class requirement will be waived with verification of the certificate.
b. 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 Code for non-license compliance will be applicable.
c. 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 Village, the new property agent shall attend and successfully complete this class within three (3) months from the date of the person's hiring as the property agent for the Rental Residential Property.
d. See Section 5-8-3-3 item 5 for required Training Fees.
9. Prospective Tenant Background Investigations:
a. An owner, or owner's property agent, of any Rental Residential Property, may conduct, or have conducted by a reputable agency, a criminal history/background investigation of a prospective tenant, lessee, sublessee or occupant of age eighteen (18) or over, and the results of such criminal history/background investigation may be used, along with other appropriate and lawful factors, as a basis for making a decision by the owner or owner's property agent to engage in or renew a lease, sublease or occupancy agreement.
b. An owner, or owner's property agent, of any Rental Residential Property within the Village shall comply with all applicable Federal and State laws and regulations as such laws and regulations may exist from time to time with regard to the prohibition of discrimination in the leasing, or offering to lease, Rental Residential Property.
c. No additional obligations with regard to the making of any distinction, discrimination or restriction in the price, terms, conditions or privileges of any lease, sublease or occupancy agreement, including the decision to engage in or renew any lease, sublease or occupancy agreement, imposed by Ordinance Number 19-2394 adopted by the Cook County Board of Commissioners on April 25, 2019, shall apply to an owner, or owner's property agent, of any Rental Residential Property within the Village. This section, as hereby amended, is declared to conflict with Ordinance Number 19-2394 adopted by the Cook County, Board of Commissioners.
(Amd. Ord. 5493, 3-16-20; Amd. Ord. 5624, 6-21-21)