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Local town ordinances relating to apartment buildings and restaurants


Elmwood Park Crime Free Rental Residential Property

Title Chapter 41C

Crime Free Rental Residential Property

41C-1  Purpose
41C-2  Applicability
41C-3  Crime Free Lease Addendum Provisions
41C-4  Criminal Background Checks

Sec. 41C-1  Purpose

There is hereby created within the village a crime free rental residential housing program for the express purpose of deterring crime and maintaining a high quality of life and preserving peace and tranquility within and surrounding rental residential housing within the village.  (Ord. 2011-14, 6-6-2011).

Sec.  41C-2  Applicability

(a)  Except as otherwise provided herein, the provisions of this chapter shall apply to all tenants, occupants, owners, and property managers
of rental residential housing within the village regulated by chapter 41B of this code.

(b)  The crime free rental residential housing program shall be operated and administered by the village of Elmwood Park police department
, with the assistance of the village of Elmwood Park code administration department.

(c)  All applicants for a residential license shall, within six (6) months of applying for a rental residential  license or within six (6) months of
applying for a rental residential license renewal, attend and complete the village of Elmwood Park crime free rental residential housing program at least once every three (3) years.  The provision of   this section shall not apply to owners of rental residential property where all of the occupants of the rental property  are related to the property owner by blood or marriage.  (Ord. 2011-14, 6-6-20-11).

Sec. 41C-3  Crime Free Lease Addendum Provisions:

All leases or rental agreements for multiple-family rental residential premises containing six (6) or more dwelling  units shall be in writing and shall contain a crime free lease addendum or have a clause or provision in the lease similar to a crime free lease addendum.  The crime free lease addendum shall be approved by the village manager as  to form and content.  The crime free rental residential housing program coordinator, who shall be appointed by the  chief of police, shall provide, at no cost to the lessor, or the lessor's manager or agent, samples of crime free lease  addenda.  For purposes of this section, a crime free lease addendum is a provision which makes it a material violation  of a lease for a leasee, an occupant of the premises, a guest of the lessor or for any other party residing or present on  the premises of a rental residential property with the permission or consent of the owner or person in control of the  property to engage in, facilitate or conspire to commit or commit any criminal activity or offense detailed in chapter  41D of this code while on the leased premises or any common area of the leased premises or to violate the tenant  responsibility provision of section 41B-9 of this code.  All crime free lease addenda shall provide that commission of  any offenses set forth in chapter 41D of this code shall be a material breach of the terms and covenants of the lease  and shall further provide the lessor or lessor's agent with authority to evict the lessee in accordance with the  provisions of the Illinois forcible entry and detainer act, 735 Illinois Compiled Statutes 5/9-101 et. set. if it is  established by a preponderance of the evidence, either by a court of competent jurisdiction or administrative hearing  officer, that a violation of the crime free lease addendum has occurred.  (Ord. 2011-14, 6-6-2011).

Sec. 41C-4  Criminal Background Check

Unless otherwise required by chapter 41D of this code, owners, managers and/or leasing agents shall not be required to perform or require leasees to submit to criminal background checks.  It is, however recommended that all  prospective lessees of rental residential property be required to submit to criminal background checks, credit checks, and checks for past eviction prior to entering into a lease agreement.  (Ord. 2011-14, 6-6-2011).