A rental property, regardless of size, is in fact a business operation. While the village has the power to declare certain businesses a nuisance, it has the right and responsibility to do the same for troublesome rental properties. The ordinance is designed to provide education and tools to rental property owners that will assist and empower them to reduce the chances of problems and be prepared to quickly and effectively deal with difficult tenants.
This will not only assist the village and local neighborhoods, but may also protect the rental property owner from potential loss of rent during a protracted eviction, and costly repairs to damaged units.
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Not necessarily. If you live out of state, you undoubtedly have a local individual that handles matters for you related to the rental property. With this in mind, the ordinance does state the rental property owner or agent (manager), or the owner's designee shall attend a Crime Free Multi-Housing seminar.
For additional information, contact the Crime Free Program Coordinator at the Carpentersville Police Department at 847-551-3481.
You (or your agent or designee) need to attend only one seminar regardless of the number of rental units that you own or operate in the village as long the agent or designee remains in this position. Any new agent or designee is required to attend the training seminar.
No. Thorough applicant screening is recommended and discussed in the seminar. However, the ordinance does not require criminal background checks. For additional information, contact the Crime Free Program Coordinator at the Carpentersville Police Department at 847-551-3481.
No. The ordinance does require the use of a Crime Free Lease Addendum or similar wording in the body of the lease that makes criminal activity a cause for eviction. The ordinance does not require an eviction based on a single charge of criminal activity, depending on the severity.
The Crime Free Lease Addendum was developed by HUD and is used in section 8 leases utilized by housing authorities. Evictions based on this concept were upheld by the U.S. Supreme Court in 2002 (see Oakland Housing Authority versus Rucker and Department of Housing and Urban Development versus Rucker). For additional information, contact the Crime Free Program Coordinator at the Carpentersville Police Department at 847-551-3481.
No. The Federal Fair Housing Act, which is discussed during the seminar and contained in the workbook, has seven protected classes. The seven protected classes relate to a persons:
A person's behavior is not a protected class.
The ordinance is intended to deal with criminal or excessive nuisance behavior that is impacting the health, safety, or quality of life of a neighborhood, regardless of the tenant's race, ethnic background, or income status. Would you like to live next to a drug dealer, gang member, or renter that has loud and drunken parties every weekend. For additional information, contact the Crime Free Program Coordinator at the Carpentersville Police Department at 847-551-3481.
No. With the number of rental licenses for condos, apartments, single family homes, and townhouses in the Village of Carpentersville, it is not possible to track every single incident. However, the units that become excessive in nature by virtue of the type of criminal activity or amount of nuisance activity (as noted in the ordinance) that impacts the quality of life of a neighborhood will be notified. The owners who actively work with the police department in an attempt to resolve the problem should have no concern.
The village will not automatically suspend or revoke a rental license for a property that meets the nuisance standard. The village manager, upon specific recommendation, may review the situation and may suspend or recommend revocation for a small percentage of rental property owners who fail to attempt to resolve problems on their property.