SB1666 100TH GENERAL ASSEMBLY

LRB100 11151 AWJ 21446 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1666

Introduced 2/9/2017, by Sen. Thomas Cullerton

SYNOPSIS AS INTRODUCED:

65 ILCS 5/1-2-1.7 new

Amends the Illinois Municipal Code. Provides that the corporate authorities of a non-home rule municipality may adopt a crime-free rental housing ordinance for the purpose of reducing crime, including drugs and gang-related activities, in residential areas. Provides that the municipality's police department or other municipal employees may administer and enforce the ordinance. Provides that the ordinance may include, but is not limited to: (1) a requirement for a valid residential rental license; (2) a requirement that the owner submit to a public safety and crime prevention inspection and attend a training program or seminar concerning crime prevention; (3) a requirement for leases to include a provision or an addendum that prohibits a tenant, a tenant's family member, or a guest of the tenant from engaging in criminal activity on the property, including providing that the violation of this provision permits a landlord to initiate eviction proceeding; (4) a requirement to conduct background checks on prospective tenants or current tenants before renewing a lease; (5) a requirement to submit to periodic inspections of the rental property; and (6) penalties for violating the ordinance. Provides that the provisions of a crime-free rental housing ordinance may not be waived or modified in a lease or separate agreement. Provides that a crime-free rental housing ordinance does not apply to a facility licensed or inspected by the State or federal government, but that the ordinance does apply to mobile home parks. Effective immediately.

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 1-2-1.7 as follows:

(65 ILCS 5/1-2-1.7 new)

Sec. 1-2-1.7. Crime-free rental housing ordinance.

(a) The corporate authorities of a non-home rule municipality may adopt a crime-free rental housing ordinance for the purpose of reducing crime, including drugs and gang-related activities, in residential areas. The municipality's police department or other municipal employees may administer and enforce the ordinance.

(b) A crime-free rental housing ordinance may include, but is not limited to:

(1) a requirement that a property owner obtain a valid residential rental license from the municipality in order to rent any dwelling unit or renew an existing lease for a dwelling unit;

(2) a requirement that a property owner submit to a public safety and crime prevention inspection and attend a training program or seminar concerning crime prevention before he or she may obtain a residential rental license;

(3) a requirement that any lease entered into for residential property located in the municipality include a provision or an addendum that prohibits a tenant, a tenant's family member, or a guest of the tenant from engaging in, facilitating, or permitting any quasi-criminal or criminal activity as defined by federal, State, or local law, including providing that the violation of this provision permits a landlord to initiate eviction proceeding;

(4) a requirement that, on and after the effective date of the crime-free rental housing ordinance, a property owner must conduct a background check on a person prior to entering into or renewing an agreement to lease rental property to that person;

(5) a requirement that a property owner submit to periodic inspections of his or her rental property to ensure compliance with applicable laws and regulation; and

(6) penalties for violating the ordinance.

(c) The provisions of any ordinance enacted under this Section may not be waived or modified in any lease or separate agreement.

(d) This Section does not apply to any facility that is licensed or inspected by the State of Illinois or the federal government. However, this Section applies to mobile home parks.

(e) As used in this Section:

"Mobile home park" has the meaning given to that term in Section 2.5 of the Mobile Home Park Act.

"Tenant" means a tenant, subtenant, lessee, sublessee, or other person entitled to possession, occupancy, or benefits of a residential rental property.

Section 99. Effective date. This Act takes effect upon becoming law.