Legal Question in Immigration Law in California

Renting to Illegal Immigrants

Is it illegal for an apartment owner to ask the legal status of potential tenants?


Asked on 9/16/08, 5:30 pm

2 Answers from Attorneys

Marc Seguinot Seguinot & Associates, P.C.

Re: Renting to Illegal Immigrants

You would have to check whether California law would consider that a prelude question to discrimination, but I doubt it. What may be illegal is if the legal status of a potential tenant is used against him or her to discriminate in renting. Check with your local housing authority and see if a landlord can do that? Good luck.

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Answered on 9/16/08, 5:54 pm
Alice Yardum-Hunter Alice M. Yardum-Hunter, a Law Corp.

Re: Renting to Illegal Immigrants

In some places, it's mandated that tenants hold legal status - in Pennsylvania, but that law has been successfully challenged and I believe on appeal.

You need to contact a landlord tenant attorney, not an immigration lawyer to confirm, but I don't believe there is a statute anywhere in California that requires legal residence to rent to a tenant. That doesn't mean landlords can't use legal means to discriminate certain tenants from others. For that though, whether based on immigration status or otherwise, you need to consult a landlord tenant lawyer.

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Answered on 9/16/08, 6:06 pm


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