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Nuisance Residential Rental Property. It is hereby declared a nuisance and to be declared against the health, peace, safety and welfare of the City for any property owner or local agent subject to the provisions of this Division 5 to:
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(A) rental of a residential unit or residential building within an apartment community or governed by a homeowner’s association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant’s household, guest, or other party under control of the tenant, to occur: murder, kidnapping, aggravated kidnapping, prostitution, solicitation of prostitution, pandering, obscenity, child pornography, harmful materials, sale of obscene publication, 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, or commission of any two or more of any other crimes under the State of Illinois or under the Federal Government not specifically listed above;
(B) rental of a residential unit, or residential building within an apartment community or governed by a homeowner’s association to a tenant who allows any of the following offenses to occur relating to the tenant, member of the tenant’s household, guest or other party under control of the tenant to occur: (1) commission of 4 or more City ordinance violations in a six month period or
(2) 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 City 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 those in the area.
Calls involving reports of domestic violence, child abuse, or sexual violence shall not be considered in the determination of whether the number of calls is unreasonably high.
No, this ordinance is not intended to target victims of abuse or those who call the police for help or report domestic violence, child abuse, or sexual violence.
Below is an excerpt from the new ordinance :(j) Notwithstanding anything to the contrary in this Section, the City shall not enforce its crime free multi-housing program based on:(1) contact made to police or other emergency services, if (a) the contact was made with the intent to prevent or respond to domestic violence, child abuse, or sexual violence; (b) the intervention or emergency assistance was needed to respond to or prevent domestic violence or sexual violence; or (c) the contact was made by, on behalf of, or otherwise concerns an individual with a disability and the purpose of the contact was related to that individual’s disability;(2) an incident or incidents of actual or threatened domestic violence, child abuse, or sexual violence against a tenant, household member, or guest occurring in the dwelling unit or on the premises; or(3) criminal activity or a City ordinance violation occurring in the dwelling unit or on the premises that is directly relating to domestic violence, child abuse, or sexual violence, engaged in by a tenant, member of a tenant’s household, guest, or other party, and against a tenant, household member, guest, or other party.
This ordinance does not have any ties to citizenship or immigration status. This is a behavior-based ordinance that looks at violent crimes, drugs and large call volume. It does not have any type of immigration law offenses in the enforcement of the ordinance.
It is illegal to discriminate in the sale or rental of housing, including against individuals seeking a mortgage or housing assistance, or in other housing-related activities. The Fair Housing Act prohibits this discrimination because of race, color, national origin, religion, sex, familial status, and disability.
While the Federal Fair Housing Act does not prohibit housing providers from appropriately considering criminal history information when making housing decisions, arbitrary and overbroad criminal history-related bans are likely to lack a legally sufficient justification. Policies that exclude persons based on criminal history must be tailored to serve the housing provider’s substantial, legitimate, nondiscriminatory interest and take into consideration such factors as the type of the crime and the length of the time since conviction. Selective use of criminal history as a pretext for unequal treatment of individuals based on race, national origin, or other protected characteristics violates the Act. https://www.hud.gov/sites/documents/HUD_OGCGUIDAPPFHASTANDCR.PDF
If you own rental property in the City of Moline that contains more than one dwelling unit the owner or local agent must attend a free Crime Free Seminar at the Moline Police Department.
If you hire a new Local Agent to manage your property, the agent shall have three months grace period to schedule and attend a seminar.
The program is voluntary in 2020, but beginning in January 2021, all owners of residential property of more than one unit must attend a seminar in order to renew their city rental license.
If you own multiple rental properties in Moline, the owner/local agent attendance and certificate of completion will apply to all of your properties or that which the same local agent manages.
Currently, single-family rental properties are not covered under the Crime Free Housing program.
The requirement applies to properties that have more than one dwelling. So if you own a duplex or other similar properties or mult-plex rentals, the requirement to attend a seminar does apply.
Our assumption in Moline is that you are a good landlord. This program is designed to assist landlords in continuing to offer safe, affordable housing in Moline. It also helps establish an education platform and a communication method to our Crime Prevention Unit to assist landlords. Often times landlords are not aware of call volume or issues at their property and we have found that landlords want to be proactive in having good rental property in Moline.
Only the seminar is required. The other two phases are always voluntary. The requirements for landlords are fairly minimal and are not overly burdensome.
If you have a certification from another Illinois city that participates in the International Crime Free Association affiliate program, the City of Moline will accept that certification. The certificate must have been issued within the last three years.
Section 8-7203 of the Moline Code requires that you have a local agent and, under the Crime-Free program, it is sufficient if the local agent attends. Pursuant to the code definition, a Local Agent means a person who is a natural resident of Rock Island County, Illinois, who is appointed by a property owner to accept service of notice on behalf of the property owner when said owner is not a natural resident of Rock Island County, Illinois.
We do not have any plans to offer the Crime Free Housing Program educational seminar via remote attendance. Our Community Room has sufficient square footage to allow for social distancing of small groups and facemasks are required in the room. The Public Works staff sanitizes the room after each use in addition to our fogging system that is used on tables and chairs. Additionally, high touch areas in the lobby are sanitized on a frequent basis by our cleaning staff.
Currently the Moline Police Department Crime Prevention Unit is exploring options to run reports. The Rock Island County Records Management System Consortium is in the process of rolling out a new records system this summer. It is anticipated that this will give us expanded reporting abilities.
Landlords or property managers can also contact the Crime Prevention Unit to have a working relationship with detectives assigned to the unit to foster dialogue about concerns on their property. Our first step of action will always be to initiate conversation with the landlord to try to mitigate problems before they escalate.
Commencing with all leases entered into or renewed on or after January 1, 2021, all owners of residential rental property within the City of Moline containing more than one (1) dwelling unit and subject to Section 8-7202 of the Code are required to incorporate and attach the crime free lease addendum available from the City of Moline police department. At the seminar, the crime free residential rental coordinator shall provide, at no cost, samples of the crime free lease addendum. The purpose of the addendum is to make criminal activity occurring within or upon the leased premises or within any common areas or parking lots associated therewith (including, but not limited to violent criminal activity or drug related criminal activity engaged by, facilitated by or permitted by the tenant, member of the household, guest or other party under the control of the tenant) a lease violation.
SEC. 8-7504. REMEDIES.
(a) VIOLATIONS; FINES.
In addition to any other remedies provided herein, any person who commits an offense, violates, neglects, refuses to comply with or assists or participates in any way in the violation of any of the provisions or requirements of this Code or the standards and regulations adopted by this Code shall be fined not less than fifty dollars ($50.00) and not more than seven hundred fifty dollars ($750.00) for each such violation. Each day a violation continues shall constitute a separate offense. Violations can be assessed against an owner or local agent for violations of this Code.