Every lease or other agreement for rental of any residential property entered into after the effective date of this chapter shall include a "Crime-Free Lease Addendum" in substantially the following form, unless otherwise prohibited by law:
Crime-Free Lease Addendum In addition to all other terms of the lease, Landlord and Tenant agree as follows: 1. The Tenant, any member of the Tenant’s household, any guest or any other person associated with the Tenant on or near the leased premises: a) Shall not engage in criminal activity, including drug-related criminal activity, on or near the rental unit, common areas or appurtenances. “Drug related criminal activity” means the illegal manufacture, sale, distribution, use, or possession of any illegal or controlled substance as defined in 21 U.S.C. 802. b) Shall not engage in any act intended to facilitate criminal activity on or near the rental unit, common areas, or appurtenances. c) Shall not permit the rental unit, common areas, or appurtenances to be used for or to facilitate any criminal activity. d) Shall not engage in, facilitate, or permit on or near the rental unit, common areas, or appurtenances any breach of the lease agreement that jeopardizes the health, safety, and welfare of the landlord, his or her agent, or other tenants, or involves imminent or actual serious property damage. 2. ANY ACTIVITY PROHIBITED BY THIS AGREEMENT SHALL CONSTITUTE A SUBSTANTIAL VIOLATION OF THE LEASE, MATERIAL NONCOMPLIANCE WITH THE LEASE, AND GROUNDS FOR TERMINATION OF TENANCY AND ABATEMENT.
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 or citation (supported by admissible corroborating evidence that 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. Corroborating evidence may include, but is not limited, to police reports detailing the circumstances of the arrest, witness statements, and other relevant documentation to assist in making a determination that the conduct underlying the arrest occurred. 3. A Tenant who is an innocent party or the victim of a crime, including but not limited to actual or threatened domestic violence, or sexual violence will not be in violation of this Crime Free Lease Addendum or subject to eviction. Nothing in this Addendum prohibits the abatement of the perpetrator of the domestic violence, or sexual violence, or other criminal activity. A TENANT IS ENCOURAGED TO REPORT CRIMES WITHOUT FEAR OF HIS/HER STATUS AS A TENANT. 4. A Tenant will not be in violation of this Crime Free Lease Addendum or subject to abatement based on: a) Contact made to the police or seeking other emergency services, if (i) the contact was made with the intent to prevent or respond to domestic violence or sexual violence; (ii) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (iii) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual’s disability; b) An incident or incidents of actual or threatened domestic violence or sexual violence against the tenant, household member, or guest occurring in the rental unit or on the premise; or c) Criminal activity or a local ordinance violation occurring in the rental unit or on the premises that is directly relating to domestic violence or sexual violence, engaged in by a tenant, member of a tenant’s household, guest, or other party, and against a tenant, household member, guest or other party. 5. For purposes of this Lease Section, the term “criminal activity” shall mean: a) Any offense defined and prohibited by Article 9 (Homicide) of the Criminal Code of 2012, ILCS Ch. 720, Act 5, §§ 9-1, et seq. b) Any offense defined and prohibited by Article 19 (Kidnapping and related offenses) of the Criminal Code of 2012, ILCS Ch. 720, Art. 5, §§ 10-1 et seq. c) Any offenses defined and prohibited by Article 11 (Sex Offenses), Subdivision 15 (Prostitution Offenses) of the Criminal Code of 2012, ILCS Ch. 720, Art. 5, §§ 11-14 et seq. d) Any offense defined and prohibited by Article 12 (Bodily Harm) of the Criminal Code of 2012, ILCS Ch. 720, Art. 5, §§ 12-0.1 et seq. e) Any offense defined and prohibited by Article 16 (Theft) of the Criminal Code of 2012, ILCS Ch. 720, Art. 5, §§ 16-1 et seq. f) Any offense defined and prohibited by Article 20-2 (Possession of Explosives or Incendiary Devices) of the Criminal Code of 2012, ILCS Ch. 720, Art. 5, §§ 20-2 et seq. g) Any offense defined and prohibited by Article 21-1 (Damage and Trespass to Property) of the Criminal Code of 2012,ILCS Ch. 720, Art. 5, §§ 21-1 et seq. h) Any offense defined and prohibited by Article 24 (Deadly Weapons) of the Criminal Code of 2012, ILCS Ch. 720, Art. 5, §§24-1 et seq. i) Any offense defined and prohibited by Article 31 (Interference with Public Officers) of the Criminal Code of 2012, ILCS Ch. 720, Art. 5, §§31-1 et seq. j) Any offense defined and prohibited by §6-16 (Prohibited Sales and Possession) or §6-20 (Transfer, Possession, and Consumption of Alcoholic Liquor; Restrictions) of the Liquor Control Act of 1934, ILCS Ch. 235, Act 5, §§6-16 and 6-20. k) Any offense defined and prohibited by the Cannabis Control Act, ILCS Ch. 720, Art. 5, §§ 1 et seq. l) Any offense defined and prohibited by the Illinois Controlled Substances Act, ILCS Ch. 720 Act 570, §§ 1 et seq. m) Any offense that constitutes a felony under state or federal law or a Class A misdemeanor under state law. |
(Ord. 2008-O-008, passed 5-6-08; Am. Ord. 2012-O-033, passed 8-21-12; Am. Ord. 2015-O-063, passed 12-15-15; Am. Ord. 2023-O-019, passed 4-18-23; Am. Ord. 2024-O-004, passed 1-16-24)