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Housing
Rights for Immigrants
Immigrants often experience barriers to tenancy in rental housing. Some
landlords request proof of lawful immigration status from prospective
tenants. Others require a valid social security number and ID from prospective
tenants.
According to Section 1940.3 of the California Civil Code It is
illegal to for a landlord to inquire about the immigration or citizenship
status of a tenant or prospective tenant!
Oftentimes a policy of exclusion based on immigration status is also the
pretext for exclusion based on race, color, religion or national origin.
This kind of discrimination is also illegal!
While it is legal for a landlord to request that a prospective tenant
provide information necessary to determine or verify the financial qualifications
or identity of a prospective tenant, it is illegal to do so with the intent
of exclusion based on immigration status, race, color, religion or national
origin.
Immigrants—regardless of legal status— are entitled to pursue
legal action against landlords who they feel have discriminated against
them based on immigration status, race, color, religion or national origin.
Another abuse that non-citizen immigrants may encounter from landlords
is threats and coercion based on immigration status. Landlords may threaten
tenants with reportage to ICE (INS) when they have found out that tenants
have complained to a public agency, a fair housing group, or a landlord-tenant
counseling group about discrimination, sub-standard conditions, or other
problems. Threat of reportage to the INS is unlawful coercion or retaliation
of a tenant who is attempting to exercise their legitimate housing rights!
Reportage of immigration status to the ICE (INS) by a landlord
is not within a landlord’s rights!
Who Are Immigrants?
The United States is a country of immigrants; most of us are either immigrants
ourselves, or the descendants of immigrants. There is no single immigrant
profile. Immigrants come from all over the world, and are in this country
with many different statuses. Some immigrants are US Citizens, some are
Lawful Permanent Residents, some are here legally but are not Lawful Permanent
Residents (such as Refugees and Asylees), and some immigrants are Undocumented.
Housing
Rights, Inc. believes that everyone residing in the Bay Area—regardless
of country of origin or legal status—deserves to be treated fairly!
We
value diversity in our neighborhoods and will do everything we can to
protect our immigrant communities!
If
you feel that you have been discriminated against, contact us and we will
assist you!
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