Renting an apartment by "foreigners"

[arizonian]

I want to rent an apartment and filled the application. I marked "Not a US citizen" in the application. I got the following e mail from the manager.

I see where they are coming from, and while I have provided all the documents that they requested, I was offended by it. I want to know if any of you have had similar experiences, and what you think about something like this.

Can they legally request the immigration documents?

Dr. XXX,
Good Afternoon!!
On the day you come to Move-In, I will need to make copies of your passports and you and XXXXX will have to complete a Supplemental Rental Application for non-US Citizens.
The purpose of this form is:
1.) to give you the option to furnish information about an emergency contact person for you in your home country;
2.) to verify that you are lawfully in the United States;
3.) to determine whether your right to be in the U.S. expires during your Lease Contract term; and
4.) to enable us to better cooperate with government officials in the performance of their duties, when requested.
Have a Great Day and Weekend!!
XXXXXX

 

[AmericanWannabe]

I just took a train trip. The last one befire this was 3 years ago.
Nowadays, you need to present a phot ID to buy a ticket.
and they do not sell any open-time ticket anymore.
The ticket has a departure time and you have to board
the train at that time

 

[arizonian]

I just took a train trip. The last one befire this was 3 years ago.
Nowadays, you need to present a phot ID to buy a ticket.
and they do not sell any open-time ticket anymore.
The ticket has a departure time and you have to board
the train at that time

So a drivers license should suffice. Are they asking for you passport?

 

[arizonian]

Quite frankly, I would tell them to shove it...
They have no right to ask for these things. Period. If they deny an apartment because of not giving these things to them, I would sue them for discrimination.

I was inclined to do so, but I am moving in a month or so and the "denial" of apartment secondary to not filling paperwork according to "policy" would have been more than inconvenient.

However, I do intend to follow up on this, and hopefully get them to change their policy. Do you think that this would stand up in a court of law? Additionally, would there be an organization willing to help me follow this through ? ACLU?

 

[yeppo]

Absolute BS. I would never go near such a place. Who do they think they are USCIS or what. Which state is this ?

 

[arizonian]

Absolute BS. I would never go near such a place. Who do they think they are USCIS or what. Which state is this ?

Texas

 

[kmnalluri]

Texas

I have been staying in Texas for the last 6 years and stayed in 5 different apartments and was never asked for any doucment related to immigration. All they need is the drivers license and the pay stubs. May be it's some kind of new rule for the property you are renting.

 

[yeppo]

Texas !!! Hmm that explains it.

 

[TheRealCanadian]

Do you think that this would stand up in a court of law? Additionally, would there be an organization willing to help me follow this through ? ACLU?

ACLU is definitely the way to go. I could see a civil rights lawsuit, or the threat of one.

 

[LCBEFORETROGRES]

This is illegal and is called "untra vires" meaning acting beyond ones authority.You can file complaint with HUD- check google search for "Fair housing Act" or ACLU as some other members have suggested.This is obvious discrimination based on ones nationality- not acceptable.
I was once turned away from a 2 bed room apartment saying that my 4 month old baby is like an adult, and will be counted as a 5th member and law does not allow more than 4 people in a 2 bed room apt.When I contacted the HUD they called the housing guys and they promptly gave me the 2 bedroom.I knew very well that I was turned away initially because I am an Indian of brown skin, not a good neighbor in the 99.9 % caucasian community! So don't give in to these unfair practices at all.

 

[pralay]

This one is a legal requirement. He has no knowledge whether you are here legaly or not unless you prove it.

I don't know about other states (especially border states like TX, AZ, NM), but in California there is no legal requirement like this - to ask for the proof of someone's immigration/citizenship status in USA. I never saw/heard any landlord asking for it. In general they check three items -

1. Credit history (to make sure the person will pay rent). Some landlords increase security deposit (double or more) if there is no credit history (applicable for fresh new immigrants) or have backruptcy record.

2. Income (again, to make sure person will be able to pay rent).

3. Background check (to check criminal history).

Some landlords ask for references too. Some ask for past rental history.

Even though there is no legal requirement for asking immigration status, but I am not sure if CA law actually prohibits landlords from asking it.

 

[Myxomop]

1.) to give you the option to furnish information about an emergency contact person for you in your home country;
2.) to verify that you are lawfully in the United States;
3.) to determine whether your right to be in the U.S. expires during your Lease Contract term; and
4.) to enable us to better cooperate with government officials in the performance of their duties, when requested.

XXXXXX [/I] [/SIZE]

I do not see discrimination here, but it looks like they are acting beyond their authority. I can see an argument made in favor of #3, but they have no business, in my view, to request the rest of it.

By the way, in the late 90s I was getting a 30-year mortgage, and the bank wanted to see my PR card. I do not know if it was legal to ask for it, but I certainly did not think of it as discrimination.

 

[labordrags]

I am not sure about the states you guys live in. I live in NY and when I rented an apartment, I had to show them the copy of my H1 while renting the apartment. They didn't allow me to rent a place without having a xerox copy.

Hope this helps to bring the the burning fuel under control.

But in other side, when I rented apartments in other place within NY, they didnt ask me for the legal status or the copy of my H1B.

So in summary, Yes, they can ask for your legal papers.

 

[labordrags]

That was illegal.
Well, they can ask for anything, as they have done in the OPs case. It is still illegal.
This is not different than renting to white people only, or charging one category of people higher prices. Discrimination is discrimination. There aren't different categories of discrimination. Asking people for different things, just because they are different (different nationality, different race, what-have-you) is illegal.

I dont think its Illegal, and if it is, I am ready to drag them to court since my legal status was stripped off. Please provide me anything that can help me to establish whatever they did was illegal.

 

[labordrags]

Well, it may depend on the laws in the state.
I just looked up the laws here in CA:
http://www.dca.ca.gov/legal/landlor...crimination.htm
And the definition of discrimination in this context:
http://www.dca.ca.gov/legal/landlor...#discrimination
"discrimination (in renting) - denying a person housing, telling a person that housing is not available (when the housing is actually available at that time), providing housing under inferior terms, harassing a person in connection with housing accommodations, or providing segregated housing because of a person's race, color, religion, sex, sexual orientation, national origin, ancestry, source of income, age, disability, whether the person is married, or whether there are children under the age of 18 in the person's household. Discrimination also can be refusal to make reasonable accommodation for a person with a disability."
Asking for the H1 would fall under harassment, and under discrimination based on national origin.
But again, this is state law, so you would have to check if that applies in NY as well.
During my search for the law, I have seen a website that indicates that not all states protect agains discrimination based on sexual orientation, for example.

There you are, now that NY does it, it ask for the legal papers, now you are saying its legal, before it was illegal on your own word.

I request you, since your words make some influence to this thread, please dont respond to the question based on your own personal experience. It may give you joy and make you popular, but it doesnt welcome other.

 

[labordrags]

I don't know the laws in NY, nor do I care about them. I am not here to do your homework...

As I have said in my first post on this thread, a landlord does not have any business asking for such stuff. If they do, I would laugh in their face. Even if it would not be illegal in a specific place, I would not do business with such a landlord. In CA, it is illegal, in other states as well, but if it is illegal in your particular state is something you have to check yourself. Geez, I have other things to do than to check the laws of 50 states. I do in fact have a life.
Maybe you should ask the one guy here who seems to have a lot of time on his hands to search subscription-based services for court cases from 20 years back.

America is all about 50 states, I dont have to tell you that. (it could be an iq in your citizenship test) NY does, for some apartment complex it a passed rule, and in some it just not. I am not asking you to do the homework. I saw your previous post, and you were out of control, based on what you see in CA you assumed its the same in the whole America.

what you gonna do after laughing in their face, you dont wanna show papers, you wont get apartment. Whatever you are saying is good in paper but not in reality. Now, first you said you dont know anything about other states, and in this particular thread you are AGAIN saying its illegal in other states as well. (You might wanna re-consider your usage of language without getting confused). I am not asking to drag out your life and go check on all 50 states, I feel for you, but the info that you are spreading is not based on fact, but ONLY assumptions. Give me the name of the guy, coz there are more than 100K register users, and I will make sure to ask that person about it. (WHO KNOWS BETTER)

 

[labordrags]

You (JoeF) will go to ANY extent to prove your wrong right. Quite remarkable. Asking for H1 on a deal based on a contrct between a landlord and a tenant is a harassment - what a fascinating news!

Please accept the fact that you lost the battle this time. Asking for Legal papers is not harrassment at all. Its quite famous in here, I live in NY, not in CA, and would lay out my papers anytime if they ask for, what I have to lose, nothing...........

 

[labordrags]

what happens when the rental office ask for your legal status, if you are illegal, can you still drag their sorry asses to the court? I dont think so. If you are not legal in this country, you have no rights to live here, you are illegal anyways, so the rules in asking the legal paper work is good, thats at least what I can see in New York.

 

[labordrags]

No, state laws apply to all rental complexes in the state.
...

Again, you dont know the rules in New York, I mean New York, not CA or VA. I rented few apts here, where one ask for legal papers, other didnt even bother. Now if the state laws apply to all rental complexes, then why the others didn't bother asking the same papers?

Well, not sure if I should have asked you or no. But I will not expect your answer as "I dont know".

 

[labordrags]

Orignially Posted by JoeF

Anybody living in the US, legally or not, has the same protection under US laws. Illegals can of course go to court. The courts don't care about the legal status of a person. Everybody is equal under the law...

---I know what you saying here. Anyone can go to court, I am not denying the fact that they cant go to court. And yeah, court dont care about their legal status. BUT those who are illegals, they fear to go to court, thinking that what happens if they ever face this problem if court asks for their legal status. Fear of getting deported puts them away in knocking court doors.


CIS and ICE care about the legal status of a person, but the courts, even if they learn about the legal status or lack thereof of a person, are not allowed to give such information to CIS or ICE.

Laws that require officials, e.g., teachers or doctors, to report illegals to CIS or ICE have repeatedly been struck down as unconstitutional.

But besides, the issue here is not if somebody is illegal or not, the issue is that a private entity, e.g., a landlord, can not make a certain legal status a prerequisite for an action.

---Again, in NY its legal. If you think its illegal, and they are not following the law, why dont you come down here, apply for the rent, and when they ask for your legal papers, drag them in court. I will make sure I will provide you the airfare and your stay till the case gets settled. I am dead serious, we will get few pieces together when you will be an ultimate winner.