Immigration Guidance for Housing Providers

SCRHA is dedicated to helping members navigate the ever-changing regulatory environment. Recent immigration authority activities have created numerous questions and concerns for housing providers. The issue area is complicated and SCRHA reminds members to contact their legal counsel should immigration authorities demand tenant information, present warrants, or to prepare for possible immigration authority requests.  

This past Tuesday, July 22, California Attorney General Rob Bonta issued a press release reminding housing providers that housing discrimination against immigrant communities is illegal. He also provided guidance for housing providers should immigration authorities demand tenant information.  

CALIFORNIA LAW 

  • Housing discrimination is illegal in California. This includes race and national origin. (Gov. Code § 12955.) 

  • Private housing providers cannot inquire about a tenant’s or applicant’s citizenship or immigration status and cannot discriminate on the basis of immigration status, citizenship, or primary language. (Civil Code § 1940.3(b); Gov. Code § 12955(d); Civil Code § 51.) 

  • Landlords are never allowed to harass or retaliate against a tenant by disclosing their immigration status to law enforcement (Civil Code §§ 1940.3(b), 1942.5.) Landlords also cannot threaten to disclose a tenant’s immigration status in order to pressure a tenant to move out. (Civil Code § 1940.2.)   

  • Tenants have the right to housing documents they can understand. (Civil Code § 1632(b).) (Civil Code § 1632(g)(1).) 

IMMIGRATION AUTHORITIES’ DEMAND FOR INFORMATION 

Per the Attorney General, housing providers should immediately seek legal advice to determine whether they must comply and to ensure that they do not violate California’s anti-discrimination and privacy laws. There are different types of documents that ICE may present:  

  • An ICE administrative warrant or a notice to appear for an immigration hearing does not give ICE special powers to search a landlord’s records. Landlords should seek legal advice about how to respond.  

  • If ICE presents a warrant issued by a federal court or other court order signed by a judge, landlords should comply promptly and, where feasible, seek legal advice before responding.  

  • Landlords presented with a subpoena for documents or evidence should seek legal advice on how to respond.  

  • Landlords should not physically interfere with ICE officers in the performance of their duties.  

Click here to read the Press Release. The release includes examples of discrimination, defines penalties for violations, sample Warrants and Subpoenas, and more. 

The National Apartment Association (NAA) has also updated their Member Resource: Immigration Enforcement and Rental Housing. The guidance provides additional information such as implications for HUD Assisted housing, considerations for employers, and a helpful FAQ.  

SCRHA will provide additional updates as more information becomes available. Again, housing providers should consult with legal counsel prior to taking any action.