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. (The Assembly legislative analysis notes that the Escondido ordinance referred to "illegal immigrants," a term that the analysis would not use -- a bit of political correctness that reminds one of the joke about drug dealers being unlicensed pharmacists.) 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 Subsequently, the Escondido ordinance was rescinded.

The sponsor of the bill noted that the Escondido ordinance was modeled after similar legislation adopted by the city of Hazelton, PA. The Hazelton ordinance was also suspended by a court order. Moreover, despite these legal problems, the bill's author also noted, "Landlords in other California cities were prompted by the Escondido ordinance to begin screening prospective applicants consistent with the intent and direction of the ordinance. A similar measure was filed by initiative in the city of San Bernardino, but it failed before the city council."

The bill's author argued that similar ordinances and the need for associated legal challenges would stop if AB 976 were signed into law. Additionally, supporters of the bill stated that "regulation of immigration, of 'who may stay and who may depart,' is a key component of immigration law and any local law that would deny housing to undocumented immigrants interferes with the federal power of immigration."

Another 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."

The legislation specifically provides that "Nothing in this section shall prohibit a landlord from either: (1) complying with any legal obligations under federal law (2) requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant.

Clearly, section (2) of the above may get into things revolving around social security numbers, and there are going to be some disputes in that area as to what is legal. Moreover, section (1) may, at times, also put some landlords into a bit of a bind. The legislative analysis referred to an earlier opinion by the Legislative Counsel which suggested that a landlord could be subject to legal penalties (under federal law) for knowingly "harboring" an alien known to be in the country illegally. As the analysis points out, "as the Legislative Counsel opinion indicates, a prohibition in state law against making an inquiry into immigration status must yield to any contrary command under federal criminal law where the landlord is aware of facts and circumstances clearly indicating that a person is an alien who has entered or remained in the United States in violation of law." [my emphasis]

Ah, the joys of being a landlord. No one said it would be easy.

Published: November 21, 2007

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Bob Hunt is a director of the National Association of Realtors and is author of the recently published book, "Real Estate the Ethical Way." A graduate of Princeton with a master's degree from UCLA in philosophy, Hunt has served as a U.S. Marine, Realtor association president in South Orange County, and director of the California Association of Realtors, and is an award-winning Realtor. Contact Bob at .