(A) All persons applying for a rental license for residential property shall have successfully completed a mandatory crime-free housing seminar, administered by the Police Department, prior to issuance of the license. The crime free housing seminar shall also include a training component pertaining to landlord responsibilities under the Fair Housing Act, 42 U.S.C. 3601-3619. The seminar may be attended after an application has been submitted. The license will be issued only after successful completion of the seminar. All persons with a rental license shall take a "refresher" seminar every three years. Owners of single-family residential dwelling units shall be eligible to take the required "refresher" seminar by viewing and participating in an online program to be developed by the Police Department.
(A-1) In lieu of completing the seminar or refresher course required by division (A) of this section, applicants for a rental license for residential property may provide documentation to the Police Department evidencing that the applicant has completed a comparable landlord training/crime-free housing course of instruction in another municipality, covering substantially the same material as the seminar or refresher course offered by the Police Department. The Police Department shall retain the discretion to determine whether a course of instruction provided by another jurisdiction is comparable and covers substantially the same material as its seminar or refresher seminar.
(B) Crime-free lease addendum.
(1) Any owner or property agent entering into leases regarding residential rental property shall utilize a crime-free lease addendum or include a clause in the lease substantially similar to a crime-free lease addendum. All leases and crime-free lease addendums used in connection with the leasing of residential real property or residential units licensed under this chapter shall be in writing. Samples of crime-free lease addendums shall be available from the Police Department. The Department shall review any clauses within actual leases to determine if the clause is substantially similar to the required crime-free lease addendum. The village may from time to time update the required provisions of the crime-free lease addendum. All owners or property agents shall advise prospective tenants of the required crime-free lease addendum prior to entering into any lease or rental agreement. The crime-free lease addendum shall make criminal activity a lease violation and shall specify that criminal activity is not limited to violent criminal activity or drug-related criminal activity engaged in by, facilitated by, or permitted by the tenant, a member of the household, a guest or any party under the control of the tenant. The operator or property agent shall take all reasonable action to enforce the terms of the crime-free housing addendum by initiating an eviction proceeding as specified in the Illinois Forcible Entry and Detainer Statutes. Proof of a criminal violation shall be by a preponderance of the evidence.
(2) It shall constitute a violation of this chapter for any owner or property agent to knowingly permit any tenant to occupy any residential rental property without entering into a crime-free lease addendum or to occupy any residential rental property in violation of any provision of the crime-free lease addendum required under this chapter. Any failure to include a crime-free lease addendum or similarly approved language may result in suspension or revocation of the residential rental license. Any failure of an owner to take reasonable action to enforce the terms of the crime-free lease addendum after having been notified by the Police Department of activity of conduct occurring on the residential rental property in violation of the addendum, and after receiving a reasonable opportunity to remedy such activity or conduct, shall be sufficient grounds for the suspension or revocation of his or her residential rental license.
(3) Notwithstanding any contrary provision of this chapter or of this Code, no owner or property agent shall take any action under a crime-free lease addendum required hereunder to the extent that such action violates the provisions of ILCS Ch. 65, Act 5, § l-2-1.5(b).
(4) No owner or property agent entering into leases regarding residential rental property shall enter into any such leases without having first performed a criminal background check on the prospective tenants. The background check shall be conducted in compliance with all applicable laws.
(5) No owner or property agent entering into leases or crime free housing lease addendums regarding residential rental property shall permit any tenants to occupy any such residential real property without having first provided copies of all leases and crime free housing lease addendums to the Police Department, together with an affidavit attesting that the owner or property agent has complied with the criminal background check requirements of this chapter.
(Ord. 16-1260, passed 3-2-16; Am. Ord. 16-1322, passed 10-5-16; Am. Ord. 17-1349, passed 1-25-17)