As more people move across US borders, many landlords may find themselves grappling with the question of whether they can legally rent to individuals who are not authorized to reside in the country.
While the answer to this question may vary depending on state, local and federal laws, this guide will provide a general overview of the legality of providing housing to illegal immigrants, and how landlords can ensure they comply with the law.
To start, it is important to understand that the term “illegal immigrant” is not a legal term, but rather a colloquial one. Individuals who are not authorized to reside in a country are typically referred to as “undocumented immigrants” or “unauthorized immigrants”.
While the language used to describe these individuals may differ, the question of whether it is legal to provide them with housing is a complex one.
The short answer is that it is not illegal for landlords to rent to undocumented immigrants in most cases. However, it is important for landlords to be aware of their obligations under state and local laws (which may vary on this issue) and take steps to ensure they are complying with all relevant statutes.
The information contained in this post is for informational purposes only. It is not legal advice. You should seek the advice of a qualified legal professional before making any decisions relating to the topics covered by this article.
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Fair Housing Act Requirements
First, it is important to understand that landlords are subject to the Fair Housing Act, which prohibits discrimination based on race, color, national origin, religion, sex, familial status, and disability.
This means that landlords cannot refuse to rent to individuals based on their national origin, which includes citizenship status.
Landlords who refuse to rent to individuals solely because they are undocumented immigrants may be in violation of the Fair Housing Act and could face legal action.
State and Local Laws
In addition to the Fair Housing Act, landlords may also be subject to local and state laws that govern the rental of housing to undocumented immigrants.
Some states, such as California, have enacted laws that specifically prohibit landlords from inquiring about an individual’s immigration status or requiring proof of citizenship or immigration status.
Landlords who operate in states with these types of laws must be aware of their obligations under the law and take steps to comply with any applicable statutes.
On the flip side, some states have enacted laws that specifically prohibit renting to individuals who are in the country illegally.
For example, in Alabama, it is illegal for landlords to enter into a rental agreement with an undocumented immigrant or to knowingly allow an undocumented immigrant to reside in their rental property. Source.
Landlords who operate in states where these restrictions exist should be aware of their obligations under the law and take steps to comply with any relevant statutes.
Now all of this legal complexity can be a bit overwhelming, but careful research is really the only way to get a definitive answer to this (of course, you can always hire a lawyer to assist you as well).
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In addition to state laws, landlords may also be subject to federal immigration laws, which prohibit harboring or transporting undocumented immigrants.
While renting a property to an undocumented immigrant may not necessarily be considered “harboring” under the law, landlords should be aware of the potential legal risks associated with renting to individuals who are not authorized to be in the country.
Again, when in doubt, it is best to contact a lawyer who can help you work through these complicated questions.
Practical Risks of Renting to Undocumented Immigrants
Landlords who are considering renting to undocumented immigrants should also be aware of the potential risks and challenges associated with doing so.
As a practical matter, landlords should simply focus on finding the best possible tenants for their place and be uniform in their application processes.
Regardless of immigration status, if a tenant is qualified to rent the property, my view is that they should be given a chance to rent it.
That being said, there are additional risks that may be posed by renting to illegal immigrants, such as risk of deportation if they are discovered (no more rent from them and an unexpected vacancy) and potential fines from states where renting to illegal immigrants is prohibited.
If it were me, I would not inquire at all about a potential renter’s immigration status.
You would be following the Fair Housing Act’s guidelines and it is hard for anyone to claim that you knowingly rented an apartment to an undocumented alien who is here illegally if you had no cause to believe they were here without proper authorization.
But again, I am not providing legal advice and you should always consult your lawyer before taking any actions relating to this topic.
Closing Thoughts
In summary, while it is generally not illegal for landlords to rent to undocumented immigrants, it is important to be aware of the potential legal and financial risks associated with doing so.