Is a Crime-Free Housing Ordinance part of the solution?
Our City is enduring another unfortunate uptick in violence. The time for laying blame is over, and the time for bringing ideas to the table to address the problem is now.
Should a Crime-Free Housing Ordinance, or some version of it, be part of the solution in Kankakee?
Crime-Free Housing policy was first implemented in 1992 in Mesa, Arizona, and has since spread to over 2,000 communities nationwide and over 50 in Illinois. At its core, the policy holds both landlords and tenants to higher standards through preventative and reactive measures to address crime on the rental property. It can strengthen the mechanisms of Kankakee’s existing Chronic Nuisance Property ordinance and rely upon the current framework of rental licenses not only to address issues of building and fire code but public safety and security. The following describes the main elements of these and other Crime-Free Housing ordinances:
Crime-Free Housing Clause in Every Residential Lease
CFH ordinances require that all leases of residential property within the municipality contain a provision by which the tenant agrees that certain crimes shall not occur on the property, whether committed by the tenant, another occupant, or a guest of the tenant. The provision, which many landlords choose to include in their leases voluntarily, is included within the body of a lease or separately as an addendum. It becomes an enforceable term of the parties’ agreement, such that a violation may serve as grounds for early termination of the lease or eviction of the tenant. In some instances, a tenant found to be in violation of the crime-free housing provision would be unable to rent from the particular landlord for a period of years. Rantoul § 20-310(c).
The list of crimes covered by the clause can be referenced generally as “any quasi-criminal or criminal activity as defined by local, state, or federal law,” Park Forest § 22-473(k)(1), or the ordinance may provide a particular list of serious criminal offenses that trigger a violation. According to a 2015 state statute, the covered crimes must exclude instances where a tenant contacts police or other emergency services to report domestic violence, sexual violence, or criminal activity in which the tenant is the victim—similar to the exclusions contained in Kankakee’s Chronic Nuisance Property ordinance.
Additionally, the ordinances impose obligations on owners/managers to address crime on their properties. Most state that it is a violation for an owner/manager to permit any person to occupy a residential property violation of the crime-free lease provision. Park Forest § 22-473(m). Some state that it is a violation for an owner/manager to fail to take reasonable action to enforce the terms of the crime-free lease agreement after having been notified of criminal activity on the property. Romeoville § 156.05(B)(2). Others penalize an owner/manager that permits criminal activity to occur if that person had reason to believe that such activity (i) was about to occur and did not take action reasonably calculated to stop the activity; or (ii) occurred and took no action reasonably calculated to prevent the activity from happening again. Rantoul § 20-311(a). Accordingly, eviction need not result after a crime occurs on a property if the landlord and tenant take reasonable steps to prevent repeat problems. Landlord violations of Crime-Free Housing ordinances carry penalties that range from fines to suspension or revocation of the rental license.
Crime-Free Housing Seminars for Landlords/Managers
Most Crime-Free Housing ordinances also require, as a condition of receiving a rental license, the participation of an owner (or property manager) in a course presented by the local police department on the role of housing and landlords in crime reduction. Most courses run for four to six hours, may be in-person or online, and cover topics that range from strengthening a written lease, acting as a proactive manager, use of lighting, landscaping, and video cameras to reduce crime, applicant screening, warning signs of drug, gang, or criminal activity, nuisance abatement, crisis resolution, and the eviction process.
Other Elements of Crime-Free Housing Ordinances
In addition to the required seminar for landlords, some villages like Rantoul and Niles make available optional steps for landlords to certify and market their properties as Crime-Free Housing. These typically require an onsite inspection by a police officer to evaluate the adequacy of security measures and a crime prevention meeting for residents, owners, managers, and police officers to discuss matters of public safety at the property.
