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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 Multi-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 four 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 four Canadian provinces have been trained in CFMH. The information contained in the seminar or on-line 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 Niles 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 Niles rental issues / inspections / miscellaneous ordinances

Special investigations officers with gang and drug awareness information

A workbook and additional valuable handouts and resource information

3. I understand this seminar is mandatory. It is difficult for me to attend the one whole session for 4 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 six straight hours, you may contact the program coordinator at the Niles Police Department to arrange to attend half the seminar one 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. How do I attend or obtain material?

If you live out of state, you are required to have a local individual that handles matters for you related to the rental property. The seminar may be attended by this individual or the material may be sent to you by mail by contacting the Niles Police Department at 847-588-6500.

5. I own more than one unit in the village. Do I need to fill out an application for license for each unit or each building?

You will be required to fill out one application per building.

6. Does the ordinance require a criminal background check for rental applicants?

No, thorough applicant screening is 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?

No. The ordinance does recommend 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 does not require an eviction based on criminal activity. It simply 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. How can I be held responsible for the actions of my tenant?

A rental property, regardless of size, is in fact a business operation. While the village has the power to declare certain businesses a nuisance, it has the right and responsibility to do the same for troublesome rental properties. The ordinance is designed to provide education and tools to rental property owners that will assist and empower them to reduce the chances of problems and be prepared to quickly and effectively deal with difficult tenants. This will not only assist the village and local neighborhoods, but may also protect the rental property owner from potential loss of rent during a protracted eviction, and costly repairs to damaged units.

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 Niles, 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.