Information and Frequently Asked Questions About Crime Free Multi-Housing and the Carpentersville Residential Rental Licensing Ordinance
1. I only have one unit. Why does the ordinance apply to me?
Laws regarding rental properties and eviction proceedings can be complicated. Most small property owners operate their rental unit as an investment and may not have the background, information, or experience that would assist them in preventing or dealing with problems on their property. The village has had several cases related to rental condos or rental single-family homes where drug sales, criminal gang activity (including drive-by shootings) and severe nuisance problems that adversely impacted the quality of life in the neighborhood have occurred, and the property owner was unaware or unable to quickly or effectively resolve the matter. One has no way of knowing if the next renter will become a nightmare for you and the community. The Crime Free Multi-Housing program can help you be prepared to prevent problems or be ready to quickly and effectively deal with problems should they occur.
2. Why is the seminar 8-hours long and what will I learn?
The Crime Free Multi-Housing program was developed in 1992 by the Mesa, Arizona Police Department. Over 1700 communities in 44 states and 4 Canadian provinces have been trained in CFMH. The information contained in the seminar is a compilation of experience and proven methods from professional rental property managers, lawyers, and police officers. Seminar topics include:
- Explanation of the Village of Carpentersville residential rental ordinance
- Overview of community policing and village resources available to assist you
- Explanation of the Crime Free Lease Addendum with a sample provided
- Crime Prevention and Risk Management
- CPTED (Crime Prevention Through Environmental Design) overview
- Applicant Screening
- Active Property Management and working with the police department
- An Attorney discussing leases and evictions
- Village of Carpentersville rental issues/inspections/miscellaneous ordinances
- Special Investigations Officers with gang and drug awareness information
- A workbook and additional valuable handouts and resource information
3. It is difficult for me to attend one whole session for 8-hours.
In an effort to provide the rental property owner, agent (manager), or the owner's designee, an opportunity to attend the seminar with the least amount of difficulty, we are offering several sessions annually. Seminars are scheduled on Saturdays mornings once a month. If it is absolutely impossible to attend the seminar, you may contact the program coordinator at the Carpentersville Police Department to make arrangements to complete the requirement of the seminar. Please keep in mind that a training completion certificate is required before your rental license will be issued by the village. Your tenant can NOT attend the course for you.
4. I live out of state. Do I have to attend?
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 CFMH seminar. (See #5 for further information)
5. I own more than one unit in the village. How many seminars do I need to attend?
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.
6. Does the ordinance require a criminal background check for rental applicants?
No. Thorough applicant screening is recommended and discussed in the seminar. However, the ordinance does not require criminal background checks.
7. Does the ordinance require me to evict a tenant for one criminal incident?
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 v. Rucker and Department of Housing and Urban Development v. Rucker).
8. Doesn't the ordinance promote discrimination or profiling?
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 race, color, national origin, religion, sex, familial status or handicap (disability). 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?
9. How can I be held responsible for the actions of my tenant?
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.
10. Will my rental license be suspended or revoked any time a crime happens?
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.
For additional information, contact the Crime Free Program Coordinator at the Carpentersville Police Department at 847-551-3481
ORDINANCE NO. 06-59
AN ORDINANCE AMENDING THE PROVISIONS OF TITLE 5 AND TITLE 8 OF THE CARPENTERSVILLE MUNICIPAL CODE REGARDING RENTALS OF RESIDENTIAL PROPERTIES WITHIN THE VILLAGE
WHEREAS, the President and Board of Trustees find it to be in the best interests of the Village to adopt the following amendments relative to rentals of residential properties in the Village.
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees of the Village of Carpentersville, Kane County, Illinois, as follows:
SECTION A: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.190, "License-Application" is hereby amended by adding new subsections E. and F., which shall read as follows:
E. All persons applying for a license to operate a residential rental property shall submit proof that they have successfully completed a mandatory Crime Free Housing Seminar, administered by the Carpentersville Police Department, prior to issuance of the license. The Seminar may be attended after submittal of the application and the license may be issued after successful completion, as provided in Section 5.36.270.
F. All persons applying for a license to operate a residential rental property within the Village shall submit an affidavit stating that for all leases commencing after December 31, 2006, they will utilize a crime free lease addendum or have a clause in all leases similar to a crime free lease addendum, as further detailed in Section 5.36.260.
SECTION B: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.200, "Inspection Requirements - Temporary certificate license issuance or denial", subsection B is hereby amended in its entirety as follows:
B. Upon receipt of a completed application for a license including the payment of all required fees and the scheduling of a required licensing inspection, the code official shall issue a temporary certificate indicating that a license has been duly applied for, and that such license shall be issued or denied after the property has been inspected for compliance with applicable village codes and all other requirements, including completion of a mandatory Crime Free Housing Seminar, have been met or completed.
SECTION C: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.200, "Inspection Requirements - Temporary certificate license issuance or denial" subsection F. is hereby amended in its entirety as follows:
F. A licensing follow-up inspection will be conducted at the end of the compliance time frame unless arranged for earlier by the applicant. Upon completion of the licensing follow-up inspection of the residential rental property, a license shall be issued if the residential rental property scheduled for inspection meets the requirements of applicable village codes and all other requirements, including completion of a mandatory Crime Free Housing Seminar, have been met or completed. If the code official finds that the requirements of applicable village codes have not been met, a written denial of the license application revoking the temporary certificate and specifying the defects shall be transmitted by regular U.S. mail to the applicant.
SECTION D: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.250, "License suspension and revocation." is hereby amended by amending subsections "A." and "B." thereof to read in their entirety as follows:
A. Whenever, upon inspection of the licensed residential rental property or through other available information, it is determined by the appropriate officials of the village that conditions or practices exist on the residential rental property which are in violation of the provisions of this or any applicable law or ordinance of the village or that the property is otherwise not being operated in a manner conducive to the public health, morals or safety, the official making the determination shall in writing identify the specific facts of the violations and state what ordinance is being violated and state that unless the ordinance violations are corrected within a reasonable time specified in the notice, the operating license may be suspended or revoked. Notice pursuant to this section shall be sent by mail to the owner and a copy mailed to the occupants at the address of the property or individual dwelling unit found to be in violation.
B. The building shall be re inspected by the appropriate village officials at the end of the time allowed for correction of the violation(s) cited. The code official may suspend and/or recommend revocation of any license issued hereunder if it appears to his satisfaction from the report of any village officer or employee following re inspection, or any other available information, that the licensee is in continuing violation of any law or ordinance, or that a nuisance violation pertaining to tenant activity on the premises has or continues to occur (See Section 8.20.040), or that the licensee is operating in a manner not conducive to the public health, morals or safety.
SECTION E: The Carpentersville Municipal Code, Title 5, "Business Regulations", Article II, "Licensing and Inspection Regulations for Residential Rental Property," Section 5.36.260, "Violation-Penalty" is hereby renumbered as Section 5.36.280 and new Sections 5.36.260 and 5.32.270 are hereby inserted, to read in their entirety as follows:
5.36.260. Crime Free Lease Addendum:
Any owner or property agent entering into leases regarding residential rental property after December 31, 2006, shall utilize a crime free lease addendum or have a clause in the lease similar to a crime free lease addendum. Samples of crime free lease addendums shall be available at no cost from the department of code administration. The department of community development shall review any clauses within actual leases to determine if the clause is similar to the required crime free lease addendum. The clause is to 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, guest or other party under the control of the tenant. The operator or property agent shall have authority under the clause to initiate 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. Failure to include a crime free lease addendum or similar approved language may result in suspension or revocation of the license to rent property within the village.
5.36.270. Crime Free Housing Seminar:
A. After December 31, 2006, any owner of any residential rental property within the village, or their property agent, shall attend and complete a Village of Carpentersville Crime Free Housing Program Seminar prior to being issued a new or renewed license to rent under this Article.
B. In the event a Village of Carpentersville Crime Free Housing Program Seminar is not available prior to obtaining the license to rent, a temporary license may be issued subject to the owner or property agent attending the Program Seminar within three months of issuance of the temporary license. In the event the Seminar is not attended within three months, the temporary license shall be void without any need of further action. After the seminar is attended, a license shall be issued for the balance of the year.
C. A property agent shall be considered an agent of the owner. If a new property agent is hired, the new agent shall have three months after hiring to attend the Village of Carpentersville Crime Free Housing Program Seminar.
D. An owner, agent or designee shall attend the Village of Carpentersville Crime Free Housing Program Seminar every three years.
E. The Crime Free Housing Program Coordinator, as designated by the Chief of Police, shall provide the Department of Code Administration with a list of owners, agents and/or designees who have attended the Village of Carpentersville Crime Free Housing Program Seminar, with the date of attendance and verification that the owner or property agent has complied with this ordinance and is eligible to obtain, maintain or renew the license to rent.
SECTION F: The Carpentersville Municipal Code, Title 8, "Health and Safety", Chapter 8, "Nuisances Generally," Section 8.20.040, "Premises" is hereby amended by designating the existing text as subsection A. and adding a new subsection B., to read in its entirety as follows:
B. It is hereby declared a nuisance and against the health, peace and comfort of the village for any property owner, property agent or manager to allow or permit the following:
1) rental of a dwelling unit within a residential rental property, or rental of a residential rental property to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale of obscene publication, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, any violation of the Illinois controlled substances act, any violation of the cannabis control act or commission of any two (2) or more of any other crimes under the laws of the State of Illinois or under the laws of the federal government not specifically listed above; or
2) rental of a dwelling unit within a residential rental property, or rental of a residential rental property to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant's household, guest or other party under control of the tenant to occur: commission of four (4) or more village ordinance violations in a six (6) month period.
SECTION G: Those sections, paragraphs, and provisions of Title 5, of the Village of Carpentersville Municipal Code which are not expressly amended or repealed by this Ordinance are hereby re-enacted, and it is expressly declared to be the intention of this Ordinance not to repeal or amend any portions of the Village of Carpentersville Municipal Code other than those expressly amended or repealed in Section 1 and 2 of this Ordinance.
SECTION H: The invalidity of any section or provision of this Ordinance hereby passed and approved shall not invalidate other sections or provisions thereof.
SECTION I: The provisions of this Ordinance shall be in full force and effect upon its passage, approval and publication, in accordance with law.
ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES of the Village of Carpentersville, Illinois at a regular meeting thereof held on the 5th day of December 2006.