Illinois General Assembly

Previous General Assemblies

Full Text of SB1155  98th General Assembly

SB1155 98TH GENERAL ASSEMBLY

  
  

 


 
98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB1155

 

Introduced 1/24/2013, by Sen. Thomas Cullerton

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-440001 new
65 ILCS 5/11-5.4-1 new

    Amends the Counties Code and the Illinois Municipal Code. Provides that the county board or corporate authority of any non-home rule county or municipality may adopt a crime free rental housing ordinance for the purpose of reducing crime in residential areas. The ordinance may include, but is not limited to, requirements for property owners to obtain a valid residential rental license, submit to a public safety and crime prevention inspection, attend a crime safety and prevention training program, include an addendum in rental agreements regarding criminal behavior by the tenant, conduct background checks on prospective tenants, and submit to periodic inspections of the rental property. Provides that the ordinance may also include provisions for violations of the ordinance. Prohibits waiver or modification of the lease agreement to avoid provisions in the ordinance. Further provides that any ordinance enacted under this Section does not apply to any facility licensed or inspected by the State of Illinois or the federal government, with the exception of mobile home parks. Effective immediately.


LRB098 05556 OMW 35593 b

 

 

A BILL FOR

 

SB1155LRB098 05556 OMW 35593 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-440001 as follows:
 
6    (55 ILCS 5/5-440001 new)
7    Sec. 5-440001. Crime free rental housing ordinance. The
8county board of a non-home rule county may adopt a crime free
9rental housing ordinance for the purpose of reducing crime,
10including drugs and gang-related activities, in residential
11areas. The county sheriff or other county employees may
12administer and enforce the ordinance.
13    (a) A crime free rental housing ordinance may include, but
14is not limited to, the following:
15        (1) a requirement that a property owner obtain a valid
16    residential rental license from the county in order to rent
17    any dwelling unit or renew an existing lease for a dwelling
18    unit;
19        (2) a requirement that a property owner submit to a
20    public safety and crime prevention inspection and attend a
21    training program or seminar concerning crime prevention
22    before he or she may obtain a residential rental license;
23        (3) a requirement that any lease entered into for

 

 

SB1155- 2 -LRB098 05556 OMW 35593 b

1    residential property located in the county include a
2    provision or an addendum that prohibits a tenant, a
3    tenant's family member, or a guest of the tenant from
4    engaging in, facilitating, or permitting any
5    quasi-criminal or criminal activity as defined by federal,
6    State, or local law, including providing that the violation
7    of such a provision permits a landlord to initiate eviction
8    proceedings, notwithstanding any provision of the lease to
9    the contrary;
10        (4) a requirement that on and after the effective date
11    of the crime free rental housing ordinance a property owner
12    must conduct a background check on a person prior to
13    entering into or renewing an agreement to lease rental
14    property to that person;
15        (5) a requirement that a property owner submit to
16    periodic inspections of his or her rental property to
17    ensure compliance with applicable laws and regulations;
18    and
19        (6) penalties for violating the ordinance.
20    (b) For the purposes of this Section, "tenant" means a
21tenant, subtenant, lessee, sublessee, or other person entitled
22to possession, occupancy, or benefits of a residential rental
23property.
24    (c) Prohibition of waiver or modification. The provisions
25of any ordinance enacted under this Section may not be waived
26or modified in any lease or separate agreement.

 

 

SB1155- 3 -LRB098 05556 OMW 35593 b

1    (d) Exclusions. This Section does not apply to any facility
2that is licensed or inspected by the State of Illinois or the
3federal government. However, any ordinance enacted under this
4Section shall apply to mobile home parks, as defined in Section
52.5 of the Mobile Home Park Act.
 
6    Section 10. The Illinois Municipal Code is amended by
7adding Section 11-5.4-1 as follows:
 
8    (65 ILCS 5/11-5.4-1 new)
9    Sec. 11-5.4-1. Crime free rental housing ordinance. The
10corporate authorities of a non-home rule municipality may adopt
11a crime free rental housing ordinance for the purpose of
12reducing crime, including drugs and gang-related activities,
13in residential areas. The municipality's police department or
14other municipal employees may administer and enforce the
15ordinance.
16    (a) A crime free rental housing ordinance may include, but
17is not limited to, the following:
18        (1) a requirement that a property owner obtain a valid
19    residential rental license from the municipality in order
20    to rent any dwelling unit or renew an existing lease for a
21    dwelling unit;
22        (2) a requirement that a property owner submit to a
23    public safety and crime prevention inspection and attend a
24    training program or seminar concerning crime prevention

 

 

SB1155- 4 -LRB098 05556 OMW 35593 b

1    before he or she may obtain a residential rental license;
2        (3) a requirement that any lease entered into for
3    residential property located in the municipality include a
4    provision or an addendum that prohibits a tenant, a
5    tenant's family member, or a guest of the tenant from
6    engaging in, facilitating, or permitting any
7    quasi-criminal or criminal activity as defined by federal,
8    State, or local law, including providing that the violation
9    of such a provision permits a landlord to initiate eviction
10    proceedings, notwithstanding any provision of the lease to
11    the contrary;
12        (4) a requirement that on and after the effective date
13    of the crime free rental housing ordinance a property owner
14    must conduct a background check on a person prior to
15    entering into or renewing an agreement to lease rental
16    property to that person;
17        (5) a requirement that a property owner submit to
18    periodic inspections of his or her rental property to
19    ensure compliance with applicable laws and regulations;
20    and
21        (6) penalties for violating the ordinance.
22    (b) For the purposes of this Section, "tenant" means a
23tenant, subtenant, lessee, sublessee, or other person entitled
24to possession, occupancy, or benefits of a residential rental
25property.
26    (c) Prohibition of waiver or modification. The provisions

 

 

SB1155- 5 -LRB098 05556 OMW 35593 b

1of any ordinance enacted under this Section may not be waived
2or modified in any lease or separate agreement.
3    (d) Exclusions. This Section does not apply to any facility
4that is licensed or inspected by the State of Illinois or the
5federal government. However, any ordinance enacted under this
6Section shall apply to mobile home parks, as defined in Section
72.5 of the Mobile Home Park Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.