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2012-2013 Business Resource Guide

Crime Free Housing Ordinance 

In October 2007, the Village of Park Forest adopted a Crime Free Housing Ordinance to address and prevent problematic rental homes from affecting the quality of life in the Village. 

                                                                                                      To view a copy of the ordinance
                                                                        
                    CLICK HERE

Crime Free Housing Lease Addendum

                                                                                                     Frequently Asked Questions

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 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 6 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 Crime Free Housing. 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 Park Forest 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 Park Forest 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 6 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 weekdays, Saturdays, and split over two evenings. If it is absolutely impossible to attend 6 straight hours, you may contact the community policing division of the Park Forest Police Department to arrange to attend half the seminar on day and the final half on another date. Please keep in mind that a training completion certificate is required before your rental license will be issued by the village.

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 Crime Free Housing 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 strongly 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?

Maybe. 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 may require an eviction based on criminal activity, depending on the severity of the criminal offense. The ordinance provides the rental property owner the tool and ability to deal with a problem if they choose or need to.

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.  Can I be held responsible for the actions of my tenant?

Yes.

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 Park Forest , 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.


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