Q. I only have one unit, why does the ordinance apply to me?
A. 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 O’Fallon Police Department has had several cases related to rental condos or rental single-family homes where drug sales, criminal gang activity and severe nuisance problems that adversely impacted the quality of life in the neighborhood. The property owner(s) was unaware or unable to quickly or effectively resolve these matters. One has no way of knowing if the next renter will become a nightmare for you and the community. The Crime Free Housing program will help you be prepared to prevent problems or be ready to quickly and effectively
deal with problems should they occur.
Q. Why are the seminars 8-hours long and what will I learn?
A. The Crime Free Housing program was developed in 1992 by the Mesa, Arizona Police Department. Over 1700 communities in 44 states and 4 Canadian provinces have been trained in CFH. The information contained in the seminar is a compilation of experience and proven methods from professional rental.property managers, lawyers, and police. Seminar topics include:
- Explanation of the O’Fallon residential rental ordinance
- Overview all Community Policing and City resources available to assist you
- Explanation of the Crime Free Lease Addendum with samples provided
- Crime Prevention and Risk Management CPTED (Crime Prevention Through Environmental Design) overview
- Applicant Screening
- Active Property Management and Working with the City and Police.
- Legal resources, links and references addressing leases and evictions
- Special Investigations Officers with gang and drug awareness information
- Valuable handouts and resource information
Q. It is difficult for me to attend one whole session for 8-hours.
A. 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 will be offering several sessions. Seminars will begin in the late spring of 2010 and will be scheduled regularly, including multiple day training sessions for those who do not have 8 hours to devote to a single session. If it is absolutely impossible to attend 8 straight hours, contact O’Fallon Crime Free Coordinator to arrange attending a seminar one day and the remaining time needed on another date.
Q. I live out of state. Do I have to attend?
A. Not necessarily. If you live out of state, you undoubtedly have a local individual that handles matters for you related to the rental property. With this in mind, the ordinance does state the rental property owner OR agent (manager), OR the owner’s designee shall attend a CFH seminar.
Q. I own more than one unit in the City of O'Fallon. How many seminars do I need to attend?
A. You (or your agent or designee) needs to attend only one seminar regardless of the number of rental units that you own or operate in the City. Proof of prior attendance of a certified CFMH seminar will be accepted.
Q. Does the ordinance require a criminal background check for rental applicants?
A. No. Thorough applicant screening is recommended and discussed in the seminar, however, the ordinance does not require criminal background checks.
Q. Does the ordinance require me to evict for one criminal incident?
A. No. The ordinance does require 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 minor 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).
Q. Doesn't the ordinance promote discrimination or profiling?
A. 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 a tenant's or tenants’ friends and associates criminal or excessive nuisance behavior that is impacting the health, safety, or the 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?
Q. How can I be held responsible for the actions of my tenant?
A. A rental property, regardless of size, is in fact a business operation. While the City of O’Fallon 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 them and empower them to reduce the chances of problems and be prepared to quickly and effectively deal with problem tenants. This will not only benefit the City of O'Fallon 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.
Q. Will my rental license be suspended or revoked any time a crime happens?
A. No, with the number of apartments and the expectation of a substantial number of single unit rentals (condos, single family homes, etc.) requiring licenses, it is not possible to track every single incident. However, the owner of the units that become excessive in nature by virtue of the type or 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 that actively work with the police department in an attempt to resolve the problem should have no concern. The City of O'Fallon will not automatically suspend or revoke a rental license for a property that meets the nuisance standard. The City Director of Public Safety, 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.
Q. Does Crime Free Housing really work?
A. YES!!! Crime and drug infested properties around the country have seen dramatic decreases in calls for police service after CFH was implemented. The Village of Schaumburg, Illinois’s Crime Free Housing was started in 1999. During the first five years of their program they experienced a 12 % decrease in calls for police service at their 18 major rental properties. During this same time period, calls for police service village wide increased by 16%. One apartment community in Schaumburg had a 52% reduction in calls for police in the first 2 years after adopting the Crime Free Housing Program. It is apparent that the efforts of their CFMH program working with rental property managers along with regular patrol officers and specialty units have been effective. Additionally, several rental apartment communities have become
either certified or are becoming certified in the CFH program while a number of Homeowners Associations have adopted the principals of CFH in their rules and regulations to deal with the number of rental (non owner occupied) units in their associations.
Q. Who should I contact with questions or for additional information?
A. For additional information or questions, contact the Crime Free Housing Program Coordinator, Michael Schaefer at 618.622.1538 or by email at mschaefer@ofallon.org.
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