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DesideriScuri -> WTF Saginaw, MI?!?!? (4/22/2015 2:51:34 PM)
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Crime-Free Lease Addendum
quote:
Crime Free Lease Addendum
In consideration of the execution or renewal of a dwelling unit identified in the lease,
Resident and Owner/Manager agree as follows:
1. Resident, any members of the resident’s household, any guest or other person under the resident’s control shall not engage in any criminal activity, including drug-related criminal activity, on the said premises. “Drug-related criminal activity” means the illegal manufacture, sale, distribution, or use of a controlled substance or the possession with intent to manufacture, sell, distribute, or use of a controlled substance.
2. Resident, any members of the resident’s household, any guest or other person under the resident’s control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity.
3. Resident or any members of the resident’s household shall not permit the dwelling unit to be used for or to facilitate criminal activity, including drug-related criminal activity, regardless of whether the individual engaged in such activity is a member of the household or a guest.
4. Resident, any members of the resident’s household, any guest or other person under the resident’s control shall not engage in the unlawful manufacturing, selling, using, storing, keeping, or giving of a controlled substance at any location within the apartment community.
5. Resident, any members of the resident’s household, any guest or other person under the resident’s control shall not engage in any illegal activity including: prostitution; criminal gang activity; assaultive, threatening, or intimidating behavior, including but not limited to the unlawful discharge of firearms on or near the dwelling unit; serious property damage; any behavior the otherwise jeopardizes the health, safety, and/or welfare of the property
owner, property management or their employees, or any other resident or guest.
6. VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL AND IRREPARABLE VIOLATION OF THE LEASE AND GOOD CAUSE FOR IMMEDIATE TERMINATION OF THE LEASE AND TENANCY. It is understood
and agreed that a single violation of any provision of this addendum shall be deemed a serious violation and a material and irreparable noncompliance and shall result in the immediate termination of the lease. Unless otherwise provided by law, proof of a violation shall not require a criminal conviction, but shall be by a preponderance of the evidence.
7. In the case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern.
8. This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between the Owner, or Owner’s Agent, and the Resident.
http://www.monroenews.com/news/2015/apr/21/saginaw-to-require-renters-to-keep-homes-crime/quote:
The ordinance, dubbed the "crime-free lease addendum," was approved Monday, The Saginaw News reported (http://bit.ly/1QdIx1a ). It will require renters to agree that neither they nor their guests will "engage in criminal activity." Violations could mean eviction. Landlords could face fines of $300 to $500 for violations. Councilman Demond Tibbs, an assistant Saginaw County prosecutor, led work on the ordinance and said it is a tool for city government to use to help make neighborhoods a better place to live. "I think that's how it should be looked at," he said. Mark Oberschmidt, a city resident and landlord, was the only person to speak against the proposal, calling it an unnecessarily complicated ordinance that would unfairly penalize landlords and be impossible to adequately enforce. "I'm not here because this will affect me," Oberschmidt said. "It simply makes doing business more complicated and expensive. We are going down a slippery slope when you try to fine someone for someone else's behavior."
So, renters have to agree to not break the law, and to not allow anyone in their house to break the law (regardless of whether that person is a resident or a guest). Breaking that agreement can result in the lease being terminated. Landlords who aren't doing their part in the policing of their tenants abiding by the agreement can be fined.
Luckily, I think the way the law reads in the first provision, the illegal activity has to occur on the premises. That means that getting a ticket for speeding, jaywalking, or parking violations won't likely result in an eviction under this slop. A lot might also ride on the intended definition of "criminal activity." Does "criminal activity" require a victim other than the "criminal?"
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