(A) (1) An owner, landlord and/or managing agent participating in the voluntary, Crime-free Housing Program must be cognizant of the public health, safety and welfare of the neighborhood and its citizens.
(2) In order to preserve this trust, the owner, landlord and/or managing agent participating in the voluntary, Crime-free Housing Program must have all available information regarding a prospective tenant’s criminal activity prior to making a decision to rent to the prospective tenant.
(3) Therefore, all owners, landlords and/or managing agents participating in the voluntary, Crime-free Housing Program shall conduct a U.S. comprehensive criminal search prior to executing a rental agreement.
(4) Owners, landlords and/or managing agents may use the U.S. comprehensive criminal search as one factor in determining whether or not to rent to the prospective tenant(s), but it shall not be the only or deciding factor.
(5) For properties subject to the voluntary, Crime-free Housing Program, a signed copy of the U.S. comprehensive criminal search verification, and a signed copy of the crime-free rental agreement addendum must accompany the rental agreement when the tenant obtains the occupancy permit. The addendum and verification form will be kept on file at the village’s Building and Zoning Department.
(6) The U.S. comprehensive criminal search verification form and the crime-free rental agreement addendum form will be available for the owner, landlord, and/or managing agent’s use at the Swansea Government Center and on the village website.
(B) (1) For properties subject to the voluntary, Crime-free Housing Program, the tenant acknowledges that the village has enacted a voluntary, crime-free housing ordinance, and in addition to all other terms of the rental agreement, owner/landlord/managing agent and tenant agree as follows. The tenant, any occupant or member of the tenant’s household, any guest or any other person or persons associated with the tenant or his or her household, at the leased premises (rental unit), common areas or appurtenances:
(a) Shall not be charged with any act or omission that would constitute a felony, as defined by the Illinois Criminal Statute;
(b) Shall not engage in any act intended to facilitate the commission of any act or omission that would constitute a felony under the Illinois Criminal Statute;
(c) Shall not use or permit the use of the leased premises (rental unit) for the commission of any act that would constitute a felony under the Illinois Criminal Statute and/or
(d) Shall comply with all statutes, ordinances and requirements of all municipal, state and federal authorities now in force, or which may hereafter be in force, pertaining to the leased premises (rental unit) that is the responsibility of the tenant, or related to the conduct of the tenant.
(2) Any violation of the above provisions shall be a material and irreparable violation of the rental agreement and good cause for immediate termination of tenancy and recovery of the leased premises (rental unit) by the owner, landlord and/or managing agent, except if the tenant is disabled, as defined by the Americans with Disabilities Act, or if the tenant was a victim of a felony or a victim of domestic violence or sexual violence pursuant to 65 ILCS 5/1-2-1.5. Unless otherwise provided by law, proof of a violation shall be established by the Chief of Police, and it shall be established by a preponderance of the evidence.
(3) If a proof of violation has been established by the Chief of Police by a preponderance of the evidence, then the owner, landlord and/or managing agent may evict the tenant pursuant to 735 ILCS 5/9-120.
(4) In case of conflict between the provisions hereof and any other provisions of the rental agreement, the provisions of this addendum shall govern to the extent permitted by applicable law.
(5) This addendum is incorporated into the rental agreement executed or renewed this day between the owner/landlord/managing agent and the tenant.
(6) The addendum must include the address of the rental unit. It must also be signed and dated by the owner/landlord/managing agent and all tenants/occupants of age 18 or older.
(Ord. 1845, passed 11-19-2018; Ord. 1851, passed 2-19-2019)