Arnie Signs Law Prohibiting Immigration Checks by Landlords

By Jeralyn, Section Civil Liberties
Posted on Fri Oct 12, 2007 at 01:13:46 AM EST
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I'm going to praise Gov. Arnold Schwarzenegger in this post, but take it away in the next.

The praise is due for his signing into law a bill that prohibits local governments from requiring landlords to check on and report the immigration status of tenants.

Gov. Arnold Schwarzenegger signed landmark legislation Thursday prohibiting local governments from requiring landlords to inquire or report on the immigration status of tenants.

...."Landlords are not deputies of the federal immigration program, it's not our job," said Nancy Ahlswede, CEO of the nonprofit Apartment Association of California Southern Cities. "We can't and shouldn't get in the middle of immigration issues."

Laws requiring landlords to act as immigration cops regarding their tenants were tried but struck down by the courts in Irving, TX and Hazleton, PA.

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Arnie Signs Law Prohibiting Immigration Checks by Landlords | 13 comments (13 topical)

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It goes a step too far (none / 0) (#1)
by roy on Fri Oct 12, 2007 at 02:05:49 AM EST

Good job on not forcing landlords to be cops, but the law (PDF) goes too far by prohibiting them from voluntarily doing checks. They're not even allowed to ask:

(b) No landlord or any agent of the landlord shall do any of the following:
(1) 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.
(2) Require that any tenant, prospective tenant, occupant, or prospective occupant of the rental property make any statement, representation, or certification concerning his or her immigration or citizenship status.

So if a landlord has some ethical hangup about renting to people who are breaking the law, or some practical concern about renting to people who are likely to be deported or barred from earning money to pay their bills, he's out of luck.

Good point. (none / 0) (#11)
by sarcastic unnamed one on Fri Oct 12, 2007 at 12:47:16 PM EST

Landlords have ethical hangups? (none / 0) (#12)
by kdog on Fri Oct 12, 2007 at 12:56:16 PM EST

As a lifelong renter, every landlord I ever had only cared about 2 things.

Pay the rent on time.
Don't wreck the joint.

Oh yeah, no pets, make that 3, or file it under don't wreck the joint.

I hear ya though, there shouldn't be a law forbidding free people from asking free people questions.


Why not? (none / 0) (#2)
by jimakaPPJ on Fri Oct 12, 2007 at 08:52:58 AM EST

Landlords are not deputies of the federal immigration program, it's not our job," said Nancy Ahlswede, CEO of the nonprofit Apartment Association of California Southern Cities. "We can't and shouldn't get in the middle of immigration issues."

If they are nonprofit that means the taxpayer is paying some, if not all, of the costs involved.

I want my tax dollars to NOT be spent on illegal aliens. If Ms Ahlswede doesn't want to be involved in helping in the enforcement of our immigration laws she should resign/be removed and someone who does be hired.

Good luck with that.... (none / 0) (#3)
by kdog on Fri Oct 12, 2007 at 09:10:28 AM EST

deciding where your taxes get spent. I don't want mine spent on new weapons systems...I guess we need to grab some pitchforks or get used to it:)


The Fench tried that (none / 0) (#4)
by jimakaPPJ on Fri Oct 12, 2007 at 09:13:53 AM EST

a little over two years ago.

It didn't work out so well.

Voting appears to have better results.


You mean.... (none / 0) (#5)
by kdog on Fri Oct 12, 2007 at 09:39:11 AM EST

our illusion of choice...that voting?

Not working so hot either, but thats partly our own damn fault, since we keep voting for D's and R's.


: Oh, I don't know... (none / 0) (#9)
by jimakaPPJ on Fri Oct 12, 2007 at 12:32:45 PM EST

The wheel turns, just not very fast..

Uh, dude...? (none / 0) (#6)
by Joe Bob on Fri Oct 12, 2007 at 09:39:16 AM EST

The Apartment Association of California Southern Cities is a non-profit trade group. All manner of trade groups frequently incorporate as non-profits. The housing itself is not non-profit.

Even when it comes to criminal background checks I've never understood the impulse to deputize landlords. Many rentals get characterized as 'problem properties.' Well, assuming the property itself is in good repair...it's the people who create the problems, right?

Meanwhile, if the general populace is going to get drafted into immigration enforcement why stop with landlords? Start checking immigration papers at the grocery store. You could starve out the illegals!


Don't give 'em any ideas.... (none / 0) (#7)
by kdog on Fri Oct 12, 2007 at 09:42:16 AM EST

if any hardcore xenophobes are reading, they might propose the Grocery Clerk Deputization Act of 2007.


Thanks for the info... (none / 0) (#8)
by jimakaPPJ on Fri Oct 12, 2007 at 12:31:19 PM EST

...sometimes a word does make a difference, eh??

Groceries? Why do you suggest such an overreach??? May I assume you are for open borders?

My point is and was that local people involved in situations where identity is required should be required to report illegal aliens. And police should be required to arrest suspected illegal aliens and turn them over to the Feds for investigation.


: Are you proposing.... (none / 0) (#10)
by kdog on Fri Oct 12, 2007 at 12:37:49 PM EST

mandatory snitching? America, Informant Nation?
Count me out friend....

No he doesn't.... (none / 0) (#14)
by kdog on Sat Oct 13, 2007 at 08:26:03 AM EST

My landlady never checked my credit...I don't even have a lease.

I think the free thing to do is...nothing actually. Let landlords rent how they want to rent...by gentlemen's agreement or background checks up the wazoo, whatever floats your boat.