My view on Mayor Ireton's Legislative Package Part 2

I only have few a issues with this piece of legislation.  Mainly the loose determination of at or near the residence.  It is to vague because anybody could be near their cousin's house committing a crime, do we hold the person accountable who did not commit the crime or did not have knowledge.  It is a little to gray. 

Certainly if a place of residence is being used for criminal activity landlords need laws that help them get those people out quickly.  My concern is the use of "verified call for service" and that "a criminal conviction is not required to be in breach" is very shaky ground.  What if the individual has been falsely accused and it takes a year for them to go through the legal system?  In the process they get evicted and then the city could be potentially liable because of the law that was passed.  

That is my concern with the wording in this piece of legislation.  I think this is a good tool for landlords and property managers to remove people from their properties that engage in criminal activity.  It also needs to have protections in it for people who are found not guilty and/or people who are falsely accused.



CRIME FREE LEASE ADDENDUM
In consideration for the execution or renewal of a lease of the dwelling unit identified in the lease and described therein as ___________________________, Manager or Owner and Resident agree as follows:
A resident, any member(s) of the resident’s household, a guest or any other person affiliated with the resident, while at or near the resident premises shall not engage in criminal activity, any act intended to facilitate criminal activity, permit the dwelling unit to be used for, or to facilitate criminal activity, or otherwise engage in any illegal or unlawful activity as set forth in more detail below, by way of example and not by way of limitation:

A. Salisbury Municipal Code Chapter 8.20 and ' 6.04.100, which prohibit certain noises.
B. Maryland Annotated Code, Criminal Law ''10-114 and 10-117, which prohibit the unlawful possession or furnishing of alcoholic beverages.
C. Maryland Annotated Code, Criminal Law ''10-201 and 10-202, which prohibit disorderly conduct, disturbance of the peace, and the keeping of a disorderly house.
D. Maryland Annotated Code, Criminal Law Title 5, Subtitle 6, which prohibits the unlawful sale or possession of controlled dangerous substances.
E. Maryland Annotated Code, Criminal Law Titles 12 and 13, which prohibit gaming.
F. Maryland Annotated Code, Criminal Law '11-306 and Salisbury Municipal Code '9.08.170, which prohibit prostitution and acts relating thereto.
G. Salisbury Municipal Code, Chapter 15, which contains the City of Salisbury’s Property Maintenance Code.
H. Maryland Annotated Code, Criminal Law §§ 3-201-3-204 which prohibit assault and reckless endangerment.
I. Maryland Annotated Code, Criminal Law, Title 4, which prohibits weapons related offenses.
J. Maryland Annotated Code, Criminal Law, Title 6, subtitle 4, which prohibits trespassing in various forms.

ANY VIOLATION OF THE ABOVE PROVISIONS, BY WAY OF EXAMPLE AND NOT BY WAY OF LIMITATION, SHALL BE A MATERIAL AND IRREPARABLE BREACH OF THE LEASE AND CAUSE FOR TERMINATION OF THE TENANCY IN ACCORDANCE WITH APPLICABLE LAW. Unless otherwise provided by law, a criminal conviction is not required to be in breach; a verified call for service, by way of example and not by way of limitation, as defined in section 15.26 of the City of Salisbury’s Municipal Code, shall be sufficient to establish cause for breach of this lease.
In case of conflict between the provisions of this addendum and any other provisions of the lease, the provisions of this addendum shall govern.
This LEASE ADDENDUM is incorporated into the lease executed or renewed this day between the Manager or Owner and Resident.
_____________________________ ________________
Resident Signature Date
_____________________________ ________________
Resident Signature Date
_____________________________ ________________
Property Manager’s Signature Date
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Name of Property