I really like this family. They are hard working and have great references. I'd really love to rent to them, but i know ok law is strict, however everything in the immigration law seems to be changing a lot and i'm not sure what i should do. If i did rent to them would anyone really care?
This is not something that can be simply answered on this forum and I feel requires additional research to safely determine how you will not run afoul of the Harboring an illegal alien laws. Although you are right the overall climate is becoming somewhat more tolerant on undocumented aliens post election but remember not a single new law has passed. I know some southern states did try to severely curtail issues such as house/apartment renting/leasing to undocumented aliens. Dallas tried. Arizona, Alabama and perhaps other states like Kentucky and Tennessee may have also introduced very anti and draconian legislation against undocumented aliens BUT I am not sure which or whether all parts that pertain to your specific question were shot down by the US Supreme Court and what may have been kept as not being unconstitutional or within the exclusive domain of the Federal government. You should hire competent counsel to help you with this important matter.
Federal immigration law is silent on this issue, but some states and municipalities have prohibitions on renting to individuals without legal immigration status. Many of these bans have been challenged in courts under the Fair Housing Act. Getting to the bottom of this issue will require additional research on your local and state laws and regulations. If you want a definitive answer, contact a local Landlord/Tenant law attorney. Good luck!
Landlords do not need to check the immigration status of tenants under Federal law.
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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