Illegal Immigrants Sue After Landlord Demands Documentation For Housing

[GURPS]

Illegal Immigrants Sue After Landlord Demands Documentation For Housing [VIDEO]


Four Latino families filed papers to sue their Virginia landlord Monday after he threatened eviction due to illegal family members living on the premises.

The civil rights lawsuit filed by families living in Waples Mobile Home Park in Fairfax County, Va., claims it is discriminatory to require a social security number for residency. The landlords at the mobile home park are requiring residents to provide either a social security card, passport or valid visa with documentation to renew their leases, reports The Washington Post.

The lawyers representing the families, from the Legal Aid Justice Center (LAJC) and Quinn Emanuel Urquhart & Sullivan law firm, say the actions are targeted discrimination that disproportionately affects Latinos in the community. All the families involved in the lawsuit have lived in the park for at least two years and have at least one family member without legal residency. The landlords say they need the documentation in order to conduct proper criminal background checks.

well credit and background checks just went out the window

 

[Chris0nllyn]

"...say the actions are targeted discrimination that disproportionately affects Latinos in the community..."

Why?

 

[Tilted]

"...say the actions are targeted discrimination that disproportionately affects Latinos in the community..."

Why?

I'll try to find and read their complaint to see what they're claiming.

But as a general matter I would say this. While I believe it would be legal under federal law for renters to ask for verification of immigration status, it would not be legal for them to do so on discriminatory bases - i.e., in ways that discriminate based on protected classifications. So, e.g., it wouldn't be legal for a renter to ask for certain documents from particular renters because they are hispanic or don't speak English or are suspected to be of Mexican decent. It would however generally be legal for a renter to ask for those same documents from all renters.

Further, it would be illegal for a renter to ask for proof of immigration status as a way of determining, and then perhaps discriminating based on, someone's national origin.

Generally speaking a renter can discriminate based on immigration status (at least when it comes to those lawfully present versus those not so), but they can't discriminate against even those here illegally on the prohibited bases (e.g. race, sex, national origin, religion).

There could also be local laws in play. I'd have to read the complaint to see how they might (be claimed to) factor in.

 

[Chris0nllyn]

I'll try to find and read their complaint to see what they're claiming.

But as a general matter I would say this. While I believe it would be legal under federal law for renters to ask for verification of immigration status, it would not be legal for them to do so on discriminatory bases - i.e., in ways that discriminate based on protected classifications. So, e.g., it wouldn't be legal for a renter to ask for certain documents from particular renters because they are hispanic or don't speak English or are suspected to be of Mexican decent. It would however generally be legal for a renter to ask for those same documents from all renters.

Further, it would be illegal for a renter to ask for proof of immigration status as a way of determining, and then perhaps discriminating based on, someone's national origin.

Generally speaking a renter can discriminate based on immigration status (at least when it comes to those lawfully present versus those not so), but they can't discriminate against even those here illegally on the prohibited bases (e.g. race, sex, national origin, religion).

There could also be local laws in play. I'd have to read the complaint to see how they might (be claimed to) factor in.

Sure, if it was discriminatory, I can see that.

Admittedly, I didn't read anything beyond the quoted (shame on me), but just based on that, the landlords are asking for: "either a social security card, passport or valid visa"

One can have a visa or passport and not be a citizen of this country. I'm just curious how these lawyers were able to say that this requirement only burdens Hispanics, with a straight face.

 

[Tilted]

Sure, if it was discriminatory, I can see that.

Admittedly, I didn't read anything beyond the quoted (shame on me), but just based on that, the landlords are asking for: "either a social security card, passport or valid visa"

One can have a visa or passport and not be a citizen of this country. I'm just curious how these lawyers were able to say that this requirement only burdens Hispanics, with a straight face.

If I get around to reading the complaint I'll let you know what I understand to be their legal theory and / or factual claims.

 

[Chris0nllyn]

If I get around to reading the complaint I'll let you know what I understand to be their legal theory and / or factual claims.

Here's the complaint:
https://www.scribd.com/book/313564339/Waples-Complaint-Final

Here's the park's rules:
https://www.scribd.com/doc/31356487...l-Run-Future-Resident-Information-Guide-Final

The suit claims that this policy is a violation of the federal Fair Housing Act, the Virginia Fair Housing law and is intentionally discriminatory of non-U.S. citizens.

In addition to a signed application, a prospective tenant must submit (1) a piece of government issued photo identification (which may be issued by a foreign government) (2) proof of income; and (3) a list of the addresses at which he or she has resided within two years of the application to live at the Park

I think the issue here is that the policy has extended to beyond the leaseholder. The requirements to provide proof of ID has extended to anyone over 18 years old, not just the leaseholder and anyone found to have unregistered occupants are subject to higher lot fees.

But their argument is that, a). they are just now enforcing a "dormant policy", b). Fairfax County has a large number of undocumented Hispanic immigrants, therefore this policy "adversely affects latinos in a significantly disproportionate way"

 

[Hijinx]

Here's the complaint:
https://www.scribd.com/book/313564339/Waples-Complaint-Final

Here's the park's rules:
https://www.scribd.com/doc/31356487...l-Run-Future-Resident-Information-Guide-Final

The suit claims that this policy is a violation of the federal Fair Housing Act, the Virginia Fair Housing law and is intentionally discriminatory of non-U.S. citizens.



I think the issue here is that the policy has extended to beyond the leaseholder. The requirements to provide proof of ID has extended to anyone over 18 years old, not just the leaseholder and anyone found to have unregistered occupants are subject to higher lot fees.

But their argument is that, a). they are just now enforcing a "dormant policy", b). Fairfax County has a large number of undocumented Hispanic immigrants, therefore this policy "adversely affects latinos in a significantly disproportionate way"

In a world that was run by legalities this landlord would not have to see anything. The INS would back the bus up to the door and any illegals would be sent home.

 

[Merlin99]

I'll try to find and read their complaint to see what they're claiming.

But as a general matter I would say this. While I believe it would be legal under federal law for renters to ask for verification of immigration status, it would not be legal for them to do so on discriminatory bases - i.e., in ways that discriminate based on protected classifications. So, e.g., it wouldn't be legal for a renter to ask for certain documents from particular renters because they are hispanic or don't speak English or are suspected to be of Mexican decent. It would however generally be legal for a renter to ask for those same documents from all renters.

Further, it would be illegal for a renter to ask for proof of immigration status as a way of determining, and then perhaps discriminating based on, someone's national origin.

Generally speaking a renter can discriminate based on immigration status (at least when it comes to those lawfully present versus those not so), but they can't discriminate against even those here illegally on the prohibited bases (e.g. race, sex, national origin, religion).

There could also be local laws in play. I'd have to read the complaint to see how they might (be claimed to) factor in.

What if that's all they have in the park? I've seen many times that Hispanics get a foothold and the next thing you know that's all there is.

 

[Chris0nllyn]

What if that's all they have in the park? I've seen many times that Hispanics get a foothold and the next thing you know that's all there is.

Yea. Hispanics and white trash.

 

[Hijinx]

Yea. Hispanics and white trash.

I believe there is a mixture of all types of trash in the Park,Hispanic White and Black.

I don't go to Ollies after dark.