Elgin — Ch. 6.37 Rental Residential Property § 6.37.100

A. The owner or authorized agent of a rental residential property shall maintain a record for each property with the full legal names of every current lawful tenant or occupant residing in each dwelling unit or rooming unit. Each written lease or rental agreement must include a written copy of the crime-free lease addendum, signed by the current lawful occupants, which shall be supplied to the code official at the scheduled rental inspection time. Where there is an oral agreement, a copy of the crime-free lease addendum, signed by the current lawful occupants, must be supplied to the code official at the scheduled rental inspection time. Failure to provide this documentation at the time of the inspection will result in the non-issuance of the rental license and/or a violation of this chapter.
B. The owner or authorized agent of a rental residential property shall provide each tenant or occupant with the name and telephone number of a responsible person who, in emergency situations, will be available on a twenty-four (24) hour basis and who has the authority to make repairs as needed. The owner or authorized agent shall also cause said information to be posted and maintained within the main entryway of every rental residential structure.
C. The owner or authorized agent of a rental residential property shall inform each tenant or occupant in the written lease or rental agreement or, in the event of an oral agreement, otherwise in writing, prior to occupancy, of the maximum number of persons allowable by the occupancy standards of the city's property maintenance code. This number shall be determined by the code official.
D. The owner or authorized agent of a rental residential property shall make available to the code official, upon request, the tenant and occupant records required to be maintained under this section.
E. After June 30, 2006, the owner and authorized property agent of any rental residential property are required to successfully complete a landlord training class conducted by the city or an accredited landlord training class from another jurisdiction within one (1) month from the date of the issuance of a license or renewal license for a rental residential property.
1. The fee for such landlord training class shall be in the amount as provided in the most recently enacted ordinance establishing fees for various city services, permits, licenses, use of facilities and other matters.
2. An owner and authorized property agent of any rental residential property who successfully completes an accredited landlord training class shall not be required to attend and complete a landlord training class following the issuance of any subsequent license or renewal license for any rental residential property.
3. When a new authorized agent is hired for a rental residential property and that authorized agent has not previously attended and successfully completed an accredited landlord training class conducted by the city or an accredited class from another jurisdiction, the new authorized agent shall attend and successfully complete an accredited landlord training class within one (1) month from that agent's date of hiring as the authorized agent for the rental residential property.
4. An owner or authorized agent of any rental residential property who has successfully completed prior professional training commensurate with the city's landlord training class may apply to the code official and seek a waiver from the landlord training class requirement. The code official, in the code official's sole discretion, shall determine whether the applicant's prior professional training constitutes the substantial equivalent of the city's landlord training class. A representative example of substantially equivalent prior professional training includes, but it is not limited to, the master property manager (MPM) designation conferred by the National Association of Residential Property Managers (NARPM) and must minimally include coursework regarding tenancy related issues as well as habitability standards and maintenance.
F. For any lease for rental residential property executed after June 30, 2022, the owner or authorized agent of any rental residential property shall utilize the crime-free lease addendum set forth below, or have a clause in a lease substantially utilizing the language in the crime free lease addendum:
Crime-Free Lease Addendum
In consideration of the execution or renewal of a lease of the dwelling unit identified as [property name, address], unit number, owner and resident agree as follows: 1.
Resident, any members of the resident's household or a guest or other person under the resident's control shall not engage in drug-related criminal activity, on or off the said premises. The term "drug-related criminal activity" means the illegal manufacture, sale, distribution, use, or possession with intent to manufacture, sell, distribute, or use of a controlled substance (as defined in section 102 of the Controlled Substance Act (21 USC 802)).
2. Resident, any member of the resident's household or a guest or other person under the resident's control shall not engage in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises).
3. Resident, any members of the resident's household or a guest or other person under the resident's control shall not engage in any criminal activity that threatens the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises.
4. Resident, any members of the resident's household or a guest or other person under the resident's control shall not engage in any violent criminal activity on or near the premises. The term "violent criminal activity" means criminal activity that has an element the use, attempted use, or threatened use of physical force against the person or property of another, or any other offense that is a felony and that, by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense (18 USC 16).
5. Notwithstanding any other provision of this lease addendum, this lease addendum shall not be interpreted or construed to prohibit the possession and personal use of cannabis as authorized in the Illinois Compassionate Use of Medical Cannabis Program Act (410 ILCS 130/1 et seq.), as amended, or the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/1-1 et seq.), as amended.
6. Notwithstanding any other provision of this lease addendum, this lease addendum shall be interpreted and enforced in accordance with section 5/3-102 of the Illinois Human Rights Act, as amended (775 ILCS 5/3-102). Without limiting the foregoing, and notwithstanding any other provision of this lease addendum, an arrest record, as defined under section (B-5) of section 1-103 of the Illinois Human Rights Act, as amended (775 ILCS 1-103(B-5)) shall not be evidence of a violation of this lease addendum. section (B-5) of section 1-103 of the Illinois Human Rights Act defines the term "arrest record" as:
(1) An arrest not leading to a conviction;
(2) A juvenile record; or
(3) Criminal history record information ordered, expunged, sealed, or impounded.
7. Notwithstanding any other provision of this lease addendum, this lease addendum shall be interpreted and enforced in accordance with section 1-2-1.5 of the Illinois Municipal Code, as amended (65 ILCS 5/1-2-1.5). A resident (tenant) will not be in violation of this lease addendum and will not be penalized based upon:
(a) Contact made to the police or 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 assistant 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 a resident (tenant), household member, or guest occurring in the rental unit or on the premises; 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 resident (tenant), member of a resident's household, guest, or other party, and against a resident, household member, guest or other party.
8. A resident 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 lease addendum. Nothing in this lease addendum prohibits the eviction of the perpetrator of domestic violence, sexual violence or other criminal activity specified in this lease addendum. A resident (tenant) is encouraged to report crimes without fear of a resident's status as a resident (tenant).
9. Violation of the above provisions shall be a material and irreparable violation of the lease and good cause for termination of tenancy. A single violation of any of the provisions of this added addendum shall be deemed a serious violation and a material and irreparable noncompliance. It is understood that a single violation shall be good cause for immediate termination of the lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by a preponderance of the evidence.
10. In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of the addendum shall govern.
11. This lease addendum is incorporated into the lease executed of renewed this ___ day of ___________, 20___, between owner and resident.
Date:
Resident Signature
Date:
Property Manager's Signature