CRIME FREE HOUSING, NUISANCE AND ABATEMENT: PROCEDURES, PRACTICES AND CURRENT DEVELOPMENTS ILLINOIS L O C A L G O VERNMENT L AW YERS A SSOCIATION MUNICIPA L PROSECUTORS GROUP N OVEMBER 11, 2 0 1 5 P R E S E N T E D B Y : H O W A R D C. J A B L E C K I K L E I N, T H O R P E A N D J E N K I N S, L T D. 2 0 N O R T H W A C K E R D R I V E C H I C A G O, I L 6 0 6 0 6 3 1 2-9 8 4-6 4 0 0
CRIME FREE HOUSING PROGRAMS CRIME FREE HOUSING PROGRAMS BEGAN IN MESA, ARIZONA IN 1 992 A ND HAVE QUICKLY SPREAD TO OVER 2000 COMMUNITIES IN MORE THAN 44 STATES, INCLUDING NUMEROUS CITIES AND VILLAGES THROUGHOUT ILLINOIS
HOME RULE POWER Pursuant to home rule authority, municipalities have the power to license and regulate rental property. ARTICLE VII, Section 6(a) of the Illinois Constitution provides, in part, that: [A] home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; and to incur debt. Prior legislation proposed to explicitly extend authority to non-home rule municipalities (SB 1155 (2013))
Local Ordinances Rental Housing Regulations require the registration, inspection and licensing of Residential Rental Housing. Residential Rental Housing owners must also comply with the requirements of the enumerated Crime Free Rental Housing Program.
CRIME FREE HOUSING PROVISIONS Under a Crime Free Rental Housing Program, owners and owner s agents must (generally): Advise prospective tenants of the Crime Free Rental Housing Program. Have a signed lease for the rental of the property identifying all tenants eighteen (18) years of age or older. Include provision in lease requiring written notice of any guests who will be temporarily residing at the rental property more than seven (7) consecutive days. Inform each tenant in writing of the maximum occupancy restrictions for the property. Have all adult tenants sign Crime Free Lease Addendum.
CRIME FREE LEASE ADDENDUM A Crime Free Lease Addendum provides that the tenant, any member of tenant s household, any guest or any other person or persons associated with the tenant or his or her household: 1. Shall not engage in any criminal activity or violation of municipal codes or ordinances or any other violations of local, state or federal law on or near the rental unit, common areas or appurtenances; 2. Shall not engage in any act intended to facilitate any violation of local municipal ordinances or codes or any other violations as defined by local state or federal law and/or obstruction or resistance of law enforcement efforts against criminal activity on or near the rental unit, common areas or appurtenances; 3. Shall not permit on or near the rental unit, common areas or appurtenances to be used for or to facilitate any violations of local municipal ordinances or codes or any other violations of local, state or federal law. 4. Should the tenant, any member of the tenant s household, any guest or any other person or persons associated with the tenant, or his/her household, violate any provisions stated herein on or near the rental unit, common areas or appurtenances, such a violation shall constitute a material noncompliance with the lease and shall further constitute grounds for termination of tenancy and eviction.
HUD v. RUCKER The U.S. Supreme Court has upheld the use of crime free addendums used by federal public housing authorities. Department of Housing and Urban Development v. Rucker, 535 U.S. 125 (2002). U.S. Supreme Court upheld evictions against various tenants for the following conduct: William Lee and Barbara Hill s grandsons were caught smoking marijuana in the apartment s parking lot; Pearlie Rucker s daughter was found with cocaine and a crack cocaine pipe three blocks from Rucker s apartment; On three instances within a two month period Herman Walker s caregiver and two others were found with cocaine in Walker s apartment.
NUISANCE RENTAL PROPERTY NUISANCE CONDITIONS DECLARED (example): Rental of a Rental Unit, or Residential Rental property, to a tenant who allows any of the following offenses to occur on or near the rental unit, common areas or appurtenances related to the tenant: murder, kidnapping, sexual assault, robber, burglary, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, sale or distribution of obscene publications, criminal housing management, possession of explosives, unlawful use of weapons, sale of firearms, gambling, keeping a gambling place, concealing a fugitive, violation of the Illinois Controlled Substances Act, violation of the Cannabis Control Act or commission of any other crime under state or federal law not specifically listed above. Prohibition of these offenses applies also to members of the tenant s household, guests or other parties under control of the tenant. Rental of a Rental Unit, or Residential Rental property to a tenant who allows any of the following offenses to occur on or near the rental unit, common areas, or appurtenances relating to the tenant: commission of four (4) or more ordinance violations in a six month period or an unreasonably high number of calls for police service including, but not limited to, calls that may fall within the descriptions listed above that when compared to other properties in the village of similar type, reasonably indicate that the activity at this property is out of character for the area and is impacting the quality of life of this in the area. Prohibition of these offenses applies also to members of the tenant s household, guests, or other parties under control of the tenant.
CHRONIC NUISANCE ORDINANCES In conjunction with or separate from Crime Free Housing Authority: Home Rule Power 65 ILCS 5/11-60-2 The corporate authorities of each municipality my define, prevent, and abate nuisances. 720 ILCS 5/37-1 maintaining public nuisance 740 ILCs 105/0.01 Public Lewdness Nuisance Act
CHRONIC PUBLIC NUISANCE Definition: Any property used or permitted to be used for two (2) or more of a list of enumerated offenses in a twelve (12) month period constitutes a chronic public nuisance. Ordinance sets forth list of offenses, which generally include: drug offenses, kidnapping, bodily harm, weapons offenses, prostitution, theft, disorderly conduct, gambling, ordinance offenses, etc.
CHRONIC PUBLIC NUISANCE Procedures: Pre-Abatement: Notice to Owners and Occupants Response required within 10 days Judicial Abatement: Complaint for Injunctive Relief/Abatement of Chronic Public Nuisance Court ordered measures to abate (security, lighting, receiver, etc.) Civil penalties against owner Award costs and fees to Village/lien on property
LEGAL DEVELOPMENTS/ISSUES PA 99-441 (effective 11/19/2015) Creates 65 ILCS 5/1-2-1.5 No municipality shall enact or enforce an ordinance or regulation that penalizes tenants or landlords based on... : Contacts made to (1) with the intent to prevent or respond to domestic violence or sexual violence; (2) assistance was needed to respond to or prevent domestic violence or sexual violence; or (3) contact was made by, on behalf of, or concerns an individual with a disability and the purpose of the contact was related to the disability. An incident or incidents of actual or threatened domestic violence or sexual violence against a tenant, household member, or guest. Criminal activity or a LO violation directly relating to domestic violence or sexual violence, engaged in by a tenant, household member, guest, or other party, and against a tenant, household member, guest, or other party.
LEGAL DEVELOPMENTS/ISSUES ACLU/SHRIVER CENTER: Letters sent to all municipalities with Crime Free Housing/Chronic Public Nuisance Ordinances General issues with crime-free housing/nuisance property ordinances. Specific references to PA 99-441 and affect on enforcement/existence of ordinances. Demand to overhaul ordinance, at a minimum, to comply with PA 99-441.
PRACTICAL CONSIDERATIONS Crime Free Housing/Chronic Nuisance Ordinances are still a valid and effective way to prevent against and to abate nuisance properties. Ordinances need to be amended to carve out the specific type of contacts referenced in PA 99-441. Police Officers need to specifically detail the types of calls and types of contacts in any response to a property to allow for proper enforcement of these ordinances.
HOWARD C. JABLECKI KLEIN, THORPE & JENKINS, LTD. 20 N. Wacker Drive, Suite 1660 Chicago, Illinois 60606 312.984.6400