(a) Every written lease or other agreement for rental of any residential property shall contain a crime-free lease addendum, or have a clause in the lease similar to a crime-free lease addendum. The Department of Community Development shall provide at no cost, samples of a crime-free lease addendum and shall review any clauses within actual leases with the Village Attorney to determine if the clause is similar to the crime-free lease addendum.
(b) For purposes of this Article, a crime-free lease addendum is a provision which makes it a violation of the lease for a tenant, an occupant of the premises, a guest of the tenant or an occupant of the premises or any other party under the control of the tenant or occupant of the premises with the permission or consent of the tenant or an occupant of the premises, to engage in, facilitate or conspire to commit criminal activity (not limited to violent criminal activity or drug related criminal activity) while on the leased premises. A crime-free lease addendum shall provide the landlord with the authority to evict the tenant in accordance with the Illinois Forcible Entry and Detainer Statute, 735 ILCS 5/9-101 et seq., if it is established by a preponderance of the evidence that a violation of the crime-free lease addendum has occurred.
(c) A lease which contains the “(Prototype) Crime-Free Lease Addendum” set forth hereinbelow shall be deemed to be in full compliance with the requirements of this Section:
(Prototype) Crime-Free Lease Addendum
For the rental unit located at:
(address), Richton Park, IL 60471
In consideration of the execution or renewal of a lease of the dwelling unit identified in the lease, Owner (or Owner’s agent or representative) and Resident(s) agree as follows:
(1) Tenant, any member of the tenant's household, a guest or association (whether invited or uninvited) of the tenant or a member of the tenant's household, or any person in the unit or guest of tenant on common grounds, shall not:
A. Engage in criminal activity or behavior on the property identified in the lease.
B. Engage in the unlawful manufacturing, selling, using, storing, keeping, selling or giving of a controlled substance at any location whether in, at, on, or near the property.
C. Engage in any act intended to facilitate or that does facilitate criminal activity on the property or common grounds identified in the lease.
D. Cause an unreasonably high number of calls for police service including, but not limited to, noise complaints, barking dog complaints, stray animal complaints, juvenile complaints or other public complaints, but excluding calls for police or emergency services identified in subsection (1)F. of this Addendum.
E. Engage in any criminal activity that causes an injurious situation that jeopardizes the health and safety of any citizen whether on or near the property identified in the lease.
F. Notwithstanding anything to the contrary contained in this Addendum, no tenant or landlord shall be penalized based on the tenant, occupant, or guest making or permitting the following calls for police or emergency services;
(i) Calls for police or emergency services intended to prevent or respond to domestic violence or sexual violence in or about the rental premises;
(ii) Calls for police or emergency service call needed to prevent or respond to incidents of actual or threatened domestic or sexual violence in or about the rental premises;
(iii) Calls for police or emergency calls if the contact was made by, on behalf of, or otherwise concerning any individual with a disability, where the purpose of the contact was related to that individual’s disability.
G. Notwithstanding anything to the contrary contained in this Addendum, no tenant or landlord shall be subject to any penalty based on an incident of actual or threatened domestic violence or sexual violence against a tenant, household member or a guest occurring in or about the rental the premises.
H. The exceptions set forth in subsections (1)F. and (1)G. of this Addendum are not application to the actual perpetrators of domestic violence or sexual violence occurring in the dwelling unit or on the premises who shall be subject to penalty under this chapter, including but not limited to eviction.
(2) Criminal activity for purposes of subsection (1) is defined as any behavior or conduct that meets the definition of any Village ordinance, or misdemeanor or felony offense as described in the Illinois Compiled statutes, as now or as may hereafter be amended, including but not limited to:
A. Disorderly conduct, as defined in 720 ILCS 5/26-1;
B. Unlawful use of weapons, as defined in 720 ILCS 5/24-1 et seq.;
C. Mob action, as defined in 720 ILCS 5/25-1;
D. Discharge of firearm, as defined in 720 ILCS 5/24-1.2 and 5/24-1.5;
E. Gambling, as defined In 720 ILCS 5/28-1;
F. Possession, manufacture or delivery of controlled substances, as defined in 720 ILCS 70/401 et seq.;
G. Assault, battery or offenses related thereto, as defined in 720 ILCS 5/12-1 et seq.;
H. Sexual abuse or related offenses, as defined in 720 ILCS 5/12-15 et seq., but only as to the perpetrator of such violence;
I. Public indecency, as defined in 720 ILCS 5/11-9;
J. Prostitution, as defined in 720 ILCS 5/11-14;
K. Criminal damage to property, as defined in 720 ILCS 5/21-1 et seq.;
L. Possession, cultivation, manufacture or delivery of cannabis, as defined in 720 ILCS 550/1 et seq.;
M. Illegal consumption or possession of alcohol, as defined in 235 ILCS 5/1 et seq.; and
N. Criminal street gang activity, as defined by 740 ILCS 147/10.
O. Domestic violence as defined by 750 ILCS 60/101 et. seq., but only as to the perpetrator of such violence.
(3) Exceptions: Criminal activity for purposes of section (1) does not include the following:
A. Calls for police or emergency services by a tenant, occupant or guest that are intended to prevent or respond to domestic violence or sexual violence in or about the rental premises;
B. Calls for police or emergency services by a tenant, occupant or guest that are needed to prevent or respond to incidents of actual or threatened domestic or sexual violence in or about the rental premises;
C. Calls for police or emergency calls if the contact was made by, on behalf of, or otherwise concerning an individual with a disability, where the purpose of the contact was related to that individual’s disability.
D. An incident of actual or threatened domestic violence or sexual violence against a tenant, household member or a guest occurring in or about the rental premises is not considered criminal activity for purposes of subsection (1), except as to the perpetrator of such violence.
(4) Violation of any of the above provisions shall be a material, and irreparable violation of the lease and good cause for termination of the tenancy. A single violation of any provision of this added addendum shall be deemed a serious violation and material non-compliance with the lease. Any violation of the above provisions will still be considered a violation regardless of whether or not the tenant could not control the behavior of other occupants of the unit. It is understood and agreed that a single violation shall be good cause for termination of the lease under the Illinois Compiled Statutes. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence. Preponderance of the evidence can be determined by but not limited to a police report, police citations, information received from the police department or a police officer, or any observations made by the landlord or his or her agent.
(5) Tenant consents to venue in the Sixth Municipal District in Cook County in the event owner initiates legal action against the tenant.
(6) Tenant agrees that service of process of any legal proceeding, including but not limited to, a special detainer or forcible detainer action, or service of any notice to tenant, shall be effective and sufficient of purpose of providing legal service and conferring personal jurisdiction upon any Illinois court as to any tenant, co-signer, occupant or guarantor, if served upon any occupant or other person of suitable age and discretion who is present at the premises and residing therein, notwithstanding the fact that a tenant, co-signer, occupant or guarantor may reside at a different location other than the property address described in the lease agreement. This agreement regarding service is in addition to, and not in lieu of, any manner of service authorized under Illinois law or rule. By signing this lease the undersigned hereby waives any objection to service carried out under the terms of this agreement. This provision shall be effective for any extension, renewal or modification of the initial lease.
(d) In the event the landlord initiates eviction proceedings based on the tenant's violation of the crime-free lease addendum, the Village will, at no charge to the landlord and without the necessity for subpoena, cooperate by arranging for Village staff who have relevant information to testify at any such legal proceeding.
(e) Notwithstanding anything to the contrary contained in this Section 1467.12, no tenant or landlord shall be penalized under this chapter or any regulation adopted pursuant to this chapter based on making or permitting the following calls for police or emergency services:
(1) Police or emergency service calls intended to prevent or respond to domestic violence or sexual violence;
(2) Police or emergency service call needed to prevent or respond to incidents of actual or threatened domestic or sexual violence;
(3) Police or emergency calls if the contact was made by, on behalf of, or otherwise concerning any individual with a disability, where the purpose of the contact was related to that individual’s disability.
(f) Notwithstanding anything to the contrary stated in this Section 1467.12, no tenant or landlord shall be subject to any penalty under this chapter or any regulation adopted pursuant to this chapter based on an incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member or a guest occurring in the dwelling unit or on the premises.
(g) The exceptions set forth in subsections (e) and (f) are not applicable to the actual perpetrators of domestic violence or sexual violence occurring in the dwelling unit or on the premises who shall be subject to penalty under this chapter, including but not limited to eviction.
(Ord. 1478. Passed 11-8-10; Ord. 1603. Passed 11-9-15; Ord. 1611. Passed 1-25-16.)