(A)
It shall be unlawful for any landlord to:
(1)
Rent a dwelling unit to a tenant that engages in or facilitates
any criminal or quasi-criminal activity as defined by local, state
or federal law while in the dwelling unit or in any common area of
a building containing a dwelling unit; or
(2)
Rent a dwelling unit to a tenant that permits or allows the
dwelling unit or any common area of a building containing a dwelling
unit to be occupied or used by any person engaging in or facilitating
any criminal or quasi-criminal activity as defined by local, state
or federal law.
(A)
Any landlord or rental manager that collects rental income from a
tenant of a dwelling unit without a crime-free residential rental
license shall be fined in an amount equivalent to the rental income
collected. Each time rental income is collected shall constitute a
new and separate violation.
(B)
Any person found in violation of any other provision of this article
shall be fined no less than $100 nor more than $1,000. Each day a
violation occurs or is permitted to continue shall constitute a new
and separate offense. Violations of this article that concern multiple
dwelling units shall constitute separate offenses as to those dwelling
units and shall not be considered a single violation simply because
the dwelling units are located in the same building or subject to
the same crime-free residential rental license.
(C)
Violations of this Article may be administered through the provisions of Chapter 19, Miscellaneous Offenses, Article 6, Administrative Adjudication of Nonvehicular Code Violations, of the Municipal Code of Hometown, or by any other means permitted by law. Nothing in this article shall be interpreted to limit the remedies or penalties available to the City of Hometown.
(D)
Any hearing officer or judge may require a landlord or rental manager
found to be in violation of the provisions of this article to attend
a crime-free housing seminar in addition to any fines imposed.
Nothing herein shall be construed as or constitute a violation
of this article if such a finding would penalize a tenant or landlord
(provided the tenant is not the perpetrator) based on any of the following
circumstances:
(A)
Contact made to police or other emergency services, if (i) the contact
was made with the intent to prevent or respond to domestic violence
or sexual violence; (ii) the intervention or emergency assistance
was needed to respond to or prevent domestic violence or sexual violence;
or (iii) 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;
(B)
An incident or incident of actual or threatened domestic violence
or sexual violence against a tenant, household member, or guest occurring
in the dwelling unit or on the premises; or,
(C)
Criminal activity or an ordinance violation occurring in the dwelling
unit or on the premises that is directly relating to domestic 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.
