Friday, November 23, 2007

"Ask a question go to jail"

Regardless of what their personal views about the immigration debate may be, California landlords need to know that, effective January 1, 2008, neither they nor their agents may, "Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant or prospective occupant," nor may they require that any of those persons, "make any statement, representation, or certification concerning his or her immigration or citizenship status."

This addition to the law is the result of the passage of AB 976 (Calderon) which was signed into law by the Governor on Oct. 10, 2007. The new law also prohibits any California city and/or county from requiring landlords to make such inquiries or to provide or report information about the immigration or citizenship status of their tenants.
This legislation was sparked in large part by the city of Escondido's October, 2006 adoption of an ordinance which would have barred landlords from renting to undocumented immigrants. Shortly after the adoption of the ordinance, a lawsuit was filed which resulted in a temporary restraining ordinance by a U.S. District Judge. Subsequently, the Escondido ordinance was rescinded.

A supporter of the bill, the Western Center on Law and Poverty, said "Too often, poor immigrants face bleak housing choices. They are forced to rent substandard dwellings at high prices from landlords who exploit their circumstances. They are constrained from reporting housing code violations and are unable to enforce the landlord's responsibilities required by law. This bill would serve to lessen these problems." Ah, the joys of being a landlord. No one said it would be easy.

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