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California Becomes First State to Prohibit Landlords From Asking About Tenants' Immigration Status

By Frank D. Russo

Governor Schwarzenegger has just signed into law AB 976 by Assemblymember Charles Calderon that will prohibit cities and counties in California from enacting any local ordinances that compels a landlord to inquire, compile, report, or disclose any information about the citizenship or immigration status of a tenant or prospective tenant..

The bill also makes it illegal for any landlord under California state law to "Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property." California is the first in the nation to enact such a law.

“Cities do not have the authority to form their own foreign policy. Only the federal government can determine the legal status of any citizen,” Calderon stated. “Local ordinances like the one adopted by the City of Escondido place landlords under serious liability whether they comply with the ordinance or fail to comply with the ordinance. Landlords do not want to be immigration officers; they simply want to make a living.”

Calderon’s measure came in the wake of ordinances passed by cities in California and around the Untied States. The ordinances would have forced landlords to determine the citizenship status of their tenants and evict any tenant who is not a legal resident, or face fines and possible revocation of their business license. Such laws placed landlords in an impossible dilemma: comply with the city ordinance, while violating state and federal law or uphold state and federal law, facing sanctions from the cities. In every instance, however, Federal Judges issued restraining orders against the ordinances on the grounds that they violated constitutional due process and supremacy clauses.

The most recent instance of a court making a finding against these types of ordinances was on July 26th when a U.S. District Court Judge in Pennsylvania issued a decision finding Hazleton, Pennsylvania’s ordinance unconstitutional.

Last year, the City of Escondido adopted an ordinance that would have barred landlords from renting to undocumented immigrants and would have severely penalized landlords who failed to determine the immigration status of tenants and prospective tenants with fines and suspension of business licenses. The ordinance was immediately challenged in federal court by a coalition of civil rights groups on several constitutional grounds, as well as the federal preemption of immigration law, and enforcement of that law. On November 20, 2006, a temporary restraining order (TRO) was obtained against the Escondido ordinance from US District Judge Houston. Following the issuance of the TRO the City and plaintiffs entered into agreement that the ordinance would be rescinded and the city would pay $90,000 to those who brought suit to partially pay for their attorney fees.

Calderon told the committee, "Ordinances like Escondido City unfairly targets people of color. Landlords would target certain individuals that look like or talk like or conduct themselves in a manner that violates law and reason. The bill would clearly define the role of local government in this regard."

AB 976 had the support of a number of progressive groups and those concerned with protecting the rights of immigrants, such as the American Civil Liberties Union, the California Labor Federation, California Rural Legal Assistance Foundation, Mexican American Legal Defense and Educational Fund, and the Western Center on Law and Poverty.

But it was sponsored by the Apartment Association of California Southern Cities (AACSC) and a number of other apartment owner groups lobbied for its passage and for the Governor to sign it. Landlords fearing potential liability for racial discrimination and other parts of playing the role of border agents, were the major backers of the bill.

Nevertheless, the measure passed the California State Assembly without a vote to spare, 41-25, and the State Senate 22-13 on straight party line votes with only Democrats in support and all votes against it by Republicans. In light of the court decisions, the absence of any major opposition, and the unity of the apartment owners and immigrant groups in support of AB 976, the lack of a single Republican vote for this measure shows how hard the immigration card is played in Republican politics in California, and Governor Schwarzenegger's break from his own party members on this bill.

Posted on October 12, 2007

Comments

Governor or Pope it's still breaking the law!

We have criminals in this country boldly going where no criminals have gone before. Right out there in front of the Main Stream Media.

It is long over due that we report these acts of aiding and abetting. It could just be the trigger that the police need to act.

Many police departments, sheriffs departments, prosecuting attorneys and other law enforcement agency’s can now be contacted online.

Many in law enforcement feel the same as we do about this illegal invasion.

Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."
Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):
A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:
* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or
* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or
* knowingly assists illegal aliens due to personal convictions.

Posted by: Carson at October 12, 2007 05:51 AM

This law obviously grossly violates the Federal Immigration and Nationality Act -Section 8 USC 1324(a)(1)(A)(iv)(b)(iii). Leave it to that wretched Austrian socialist and that nest of pendejos in the legislature to push some nonsense like this through. Hopefully this will be challenged in short order. In the meantime landlords simply need to run extended TRW's on applicants. When the Social Security number comes back bogus or not matchingthe applicant in some way (i. e. place and year of issuance, etc.) then just consider said applicant a credit risk and bid him hasta la vista, baby. Works for me.

Posted by: Jay Nichols at October 12, 2007 07:14 AM

Boy, I'd be cautious to advise landlords as you have, Jay. Not only are there court decisions contrary to this, there also will be, effective January 1, a state law on this.

To run extensive credit checks with the purpose in mind of not renting to undocumented aliens, seems to me to open them up to liability for violating this law, and it's just a question of evidence to show this is a sham. If a pattern and practice is found of doing so or there is other evidence, then it seems to me that they can be sued. This is the problem that landlords wanted to avoid with the local laws in the first place and why they supported this bill.

Posted by: Frank D. Russo at October 12, 2007 07:22 AM

That last time I checked, federal law supercedes state law (see the Federal Immigration and Nationality Act -- Section 8 USC 1324(a)(1)(A)(iv)(b)(iii). It's a felony to aid and abet illegal aliens (criminals). This joke of a state law is clearly illegal, and this is one landlord who has always been against bogus state laws that enable invaders and has never rented to any illegal aliens and never will, state law or no state law. The applicant has no valid Social Security number or lies on an application? Then said applicant doesn't rent here. Calderon can stuff it where the sun doesn't shine.

Posted by: Jay Nichols at October 12, 2007 07:31 AM

I am inclined to agree with Jay - I would use the Social Security system to verify the social security number of applicants as well as the standard tenant credit check - if the number is bogus or if the prospective tenant does not have a real US Social Security number (as distinguished from a Tax ID number) then I would refuse to rent to them on the basis on not having recourse in credit reporting and the proper reporting to the IRS. If I found someone to have a phony ID I would report that as a criminal act to the local police and ICE if it was a violation of immigration law.

Posted by: Rob Dean at October 12, 2007 10:37 AM

While we're citing things, the California State Constitution would be germane, would it not?

"CALIFORNIA CONSTITUTION
ARTICLE 1 DECLARATION OF RIGHTS

SEC. 20. Noncitizens have the same property rights as citizens."

Posted by: Robert in Monterey at October 12, 2007 04:11 PM

Robert: There are a whole slew of laws from the Unruh Civil Rights Act and, as you point out, the state Constitution. On top of that is the body of Federal law.

Posted by: Frank D. Russo at October 12, 2007 04:16 PM

Frank, whose wide are you on? We have to stop supporting illegals in California that means jobs housing etc. They are illegal, and believe me folks you still don't have to rent to them there are many ways to say no. People in this California legislature are obviously bought off by special interest groups, as are our sham of a republican governor. This state is going down the same chute as San Fran--I urge people in California to stand up for our rights- against an extremely liberal and anti-citizen legislature--the minutemen are on the way.

Visit saveourstate.org and numbersusa.com to join the fight against illegal (notice I said illegal) immigration.

God bless the USA

Posted by: lasonya robertson at October 17, 2007 02:08 AM

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