Do You Screen For Undocumented Immigrants?
Landlords have no legal obligation to check an applicant’s legal immigration status, and I have never done so. I am not in the immigration enforcement business, and legal resident status is not on my list of criteria.
On the other hand, there isn’t any reason why you couldn’t require your tenants to be legal US residents if that is your wish. If you rent to tenants receiving Section 8 rental assistance, you do want to ensure your tenants are legal. Here’s a true story:
Section 8 won’t pay for undocumented immigrants
Landlord rented house for $1,045 to mother and three children and signed Section 8 HAP contract.
One month after the family moves in, Section 8 discovered the mother was an undocumented immigrant. The children are legal, though.
Section 8 notified landlord that his HAP assistance payment will be reduced to $750 as of March 1st, since they may only provide housing assistance for legal US residents.
Moral: If you accept a Section 8 tenant, do whatever is necessary to ensure the tenants are legal US residents.
Don’t rely on Section 8 to make this determination.
Although he would like to, the landlord in question can’t evict the tenant right now, since she hasn’t violated the lease and her rent payment is current.
What could landlord do differently?
Landlord’s Rental Application could include the following question:
Are you a legal resident of the United States?
Landlord’s Rental Agreement could also state that lying on the application is grounds for eviction.
Problem solved. Now landlord has grounds for eviction.
Filed under: Landlord/Tenant Law, case study | Tagged: immigrant
