Thread: Law against renting to illegal migrants ready for Escondido

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Escondido, CA Focus Campaign
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Law against renting to illegal migrants ready for Escondido council vote


By J. Harry Jones
UNION-TRIBUNE STAFF WRITER

4:44 p.m. September 29, 2006

ESCONDIDO – A proposed ordinance that would penalize landlords for renting to illegal immigrants was released by the city Friday and it is “entirely consistent with federal law,” City Attorney Jeffrey Epp said.
The controversial ordinance, to be voted on Wednesday by the City Council, will allow the city to suspend the business license of a landlord found to be housing undocumented immigrants. It also allow fines for landlords who do not comply, and misdemeanor charges for subsequent violations.

The ordinance says “the state and federal government lack the resources to properly protect the citizens of the city of Escondido from the adverse effects of the harboring of illegal aliens, and the criminal activities of some illegal aliens.”

Under the proposed law, an action against a landlord would begin when a written complaint was submitted to the city by a resident, an official or a business entity. A valid complaint would include an allegation that “describes the alleged violators,” as well as the actions constituting the violation, and the date and location where such actions are happening.

“A complaint which alleges a violation solely or primarily on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be enforced,” the ordinance says.

After a valid complaint is received, a landlord would have to provide documentation to the city of a tenant's legal status. The city would then submit the paperwork to the federal government to verify the immigration status of the person or persons in question.

If renters were found to be in the country illegally, a property owner would be notified of the violation. If the owner fails to “correct a violation of this section” – in other words remove the renters – the city would revoke or suspend the business license allowing the property to be rented.

During the suspension, the owner would not be permitted to collect any rent, payment, fee or any other form of compensation from the tenant or occupant of the dwelling unit in question. For each day the illegal immigrants stay in the dwelling unit, unspecified fines would accrue.

Epp and other city lawyers have been working on the wording of the amendment to the city's municipal code since the council directed him to do so following an emotional public hearing Aug. 16.

If the law is passed Wednesday – from previous comments it appears it will be adopted by a 3-2 vote – Escondido will become the first California city to enact such a law. It also would be by far the largest city in the United States to do so, Epp said.

It also likely will become a defendant in a number of lawsuits. Critics of the ordinance say it would end up costing the city hundreds of thousands or even millions of dollars in legal fees.

In Epp's explanation of the ordinance to the council, he says it will be the business license division of the city that enforces the requirements of the code.

He says the approach taken by Escondido would be similar to an ordinance enacted in Hazleton, Penn., earlier this year that is being challenged in court.

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J. Harry Jones: (760) 737-7579; jharry.jones@uniontrib.com

I got my emails written, hope it does a little to encourage them to stay the course, get some of that Bush stubborness right?

This is close to home for me. Sent letters to all the council members today along with the mayor and mayor pro tem. I wish them luck in trying to do something when our federal government won't do anything. And to think this is happening here in CA is amazing.
People are sick and tired of federal laws not enforced and they see what is happening to their communities as a result.
Escondido is a beautiful community and I can understand why their leaders are trying to take care of it.

Ouch Jean, I am so sorry you are so close to that mess, sometimes I feel like an imposter on here because we have very little in my community, on the otherhand, I don't want it to become like yours so I am going to fight like "heck" to prevent it from happening.

From a tactical standpoint, how does one 'verify' that a person is illegal. It's sometimes very easy to look at someone, the way they dress, if they are "brown", if they ride a bike, etc. that most likely, they are illegal. But, seriously, from a pracical and tactical perspective, and I'm asking this because I want to get involved in reporting landlords, how do we prove with , say, 95% certainty that someone is illegal?

Follow them around? Go to their place of employment?

It is true that it is hard to know for sure if someone is illegal. Many have fake ID and some of it is very well made. Unfortunately there are always ways to get around those laws. Being illegals they will figure it out. One way they could get around it is if they have a company rent their apartments for them or they could use real estate agents. It will all depend on how the law is written.

http://www.signonsandiego.com

Landlord penalties are spelled out


Escondido city attorney says illegal immigrant ordinance is legally sound
By J. Harry Jones
UNION-TRIBUNE STAFF WRITER
September 30, 2006

ESCONDIDO – A proposed ordinance that would penalize landlords for renting to illegal immigrants was released by the city yesterday, and it is “entirely consistent with federal law,” City Attorney Jeffrey Epp said.

The controversial ordinance, which will come up for a City Council vote Wednesday, would allow the city to suspend the business licenses of landlords found to be housing illegal immigrants. It also would fine landlords who don't comply, and allow misdemeanor charges for subsequent violations.

The six-page ordinance says “the state and federal government lack the resources to properly protect the citizens of the city of Escondido from the adverse effects of the harboring of illegal aliens, and the criminal activities of some illegal aliens.”

Under its provisions, an action against a landlord would begin when a written complaint is submitted to the city by a resident, an official or a business. A valid complaint would include an allegation that “describes the alleged violators,” as well as the actions constituting the violation, and the date and location where such actions are happening.

“A complaint which alleges a violation solely or primarily on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be enforced,” the ordinance says.

After a valid complaint, a landlord would have to provide documentation of a tenant's immigration status. The city would then submit the paperwork to the federal government to verify the status of the person or persons in question.

If renters were found to be in the country illegally, a property owner would be notified of the violation. If the owner fails to “correct a violation of this section” – in other words remove the renters – within five days, the city would revoke or suspend the business license allowing the property to be rented.

During the suspension, the owner will not be permitted to collect any rent, payment, fee or any other form of compensation from the tenant or occupant of the unit in question. For each day the illegal immigrants are allowed to stay, unspecified fines would accrue.

Epp and other city lawyers have been working on the wording of the amendment to the city's municipal code since the council directed him to do so Aug. 16, following an emotional public hearing.

If the ordinance passes Wednesday – from previous comments by council members it appears that it will be adopted on a 3 to 2 vote – Escondido will become the first California city to enact such a law. It will also be by far the largest city in the United States to do so, Epp said.

The city is also likely to become a defendant in a number of lawsuits. Critics of the ordinance say it could end up costing the city hundreds of thousands or even millions of dollars in legal fees.

In Epp's explanation of the ordinance to the council, he says it will be the business license division of the city that enforces the requirements of the code. The approach taken by Escondido would be similar to an ordinance enacted in Hazleton, Penn., earlier this year that is being challenged in court.

“We mostly looked at existing federal law, some Supreme Court and 9th Circuit cases,” Epp said in an interview, referring to the U.S. Court of Appeals that covers California. “We focused on ones that overturned Proposition 187 and tried to avoid those pitfalls.”

In 1994, California voters passed Proposition 187 by a vote of 59 percent to 41 percent. The measure attempted to prevent illegal immigrants from receiving benefits or public services. But after two rounds of litigation in the federal courts, nearly all of its provisions were invalidated.

In his report, however, Epp says the courts have left “considerable room for states and municipalities to act in the field” and that Escondido's ordinance “is consistent with federal law on the subject of harboring illegal aliens.”

On Wednesday, the American Civil Liberties Union wrote a letter to the city urging it not to enact the ordinance, saying it was prepared to launch an immediate legal challenge:

“Such an ordinance is likely to put landlords between a rock and a hard place – on the one hand subjecting them to penalties if they misinterpret a renter's immigration status, and on the other hand exposing them to the risk of violating state and federal fair housing laws by profiling persons of certain racial or ethnic groups as more or less likely to be citizens or documented immigrants.”

Numerous immigrants-rights groups and individuals have said they also would be taking legal action if the ordinance passes.

Escondido illegal immigration ordinance
Provisions:

• Action begins when a resident, an official or business files a valid complaint with the city.
  
  [/*:m:214fy4zf]
• Landlord is then required to produce proof of a tenant's legal status.
  
  [/*:m:214fy4zf]
• City verifies documents with the federal government.
  
  [/*:m:214fy4zf]
• Property owner would be notified of a violation.
  
  [/*:m:214fy4zf]
• Business license suspended if illegal tenants not removed within five days. [/*:m:214fy4zf]

Documents

Proposed Escondido ordinance (PDF)

City attorney's report on ordinance (PDF)

ACLU letter opposing ordinance (PDF)




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J. Harry Jones: (760) 737-7579; jharry.jones@uniontrib.com

Escondido's just a 20-minute drive up the freeway for me. It's a hell-hole. I feel sorry for long-time residents of what was once a lovely, semi-rural area of San Diego County.

It's about time they did something to stop the utter destruction of that city.

http://nctimes.com/articles/2006/09/30/ ... _29_06.txt

Last modified Friday, September 29, 2006 10:18 PM PDT

Escondido ordinance would ban renting to illegal immigrants

By: DAVID FRIED - Staff Writer

ESCONDIDO ---- Landlords accused of renting to illegal immigrants would be required to provide the city with documentation proving their tenants are legal residents or face fines and possible jail time, under a proposed law city officials released Friday.

The ordinance appears to have support from a majority of the City Council, which will decide whether to approve it at a 7 p.m. meeting Wednesday.

The proposed law is possibly the most contentious issue to face the council in recent history, and supporters and opponents are promising to pack council chambers.


As written, the city would respond to written complaints that landlords are renting their property to illegal immigrants. Complaints based solely or primarily on a resident's ethnicity, national origin or race will be considered invalid, the proposal states.

Valid complaints would require landlords to submit tenants' documents for verification to the city, which would pass them along to federal immigration agencies. The resolution does not charge landlords for the verification process or increase business license fees.

Landlords would be in violation of the law if they do not submit the required documents. Violations would also be issued for each illegal immigrant adult and each day that those individuals continue to live on the property after the city notifies the landlord that the tenants are not legal residents.

Landlords who violate the law would have their business license suspended, meaning they could not legally rent their properties until they can prove to the city that any illegal immigrants included in the complaint no longer live on the premises.

Subsequent violations would be considered misdemeanors, which under state law are punishable by fines of up to $1,000 and/or six months in jail.

Council support


Councilwoman Marie Waldron proposed the ban on renting to illegal immigrants earlier this summer, and the idea easily gained the support of Councilmen Sam Abed and Ed Gallo, who voted to have city attorneys write the law and have promised to approve it.

The trio argue that residential overcrowding costs the city potentially millions of dollars in services and facilities, and that illegal immigrants are most likely to share living quarters.

Opponents, including Mayor Lori Holt Pfeiler and Councilman Ron Newman, have said that those claims have not been substantiated.

Waldron said Friday she believed the ordinance as written effectively addresses the council's concerns, while allaying fears of landlords who complained they would be put at risk of being sued.

"My biggest worry was that it would be onerous on landlords who are legitimate, and it's not" Waldron said. "It will be effective in targeting slumlords."

Complaints, she said, would likely follow from other city code enforcement investigations, such as illegally parked cars and other property violations.

Waldron said the rental ban, if successful, could be followed by efforts to punish local employers who hire illegal workers.

"My goal is to eliminate as best we can the effects of illegal immigration (in Escondido)," she said.

Possible legal problems


Escondido's ordinance is modeled after parts of a similar law adopted this summer in Hazleton, Pa., where the council approved what it called an "Illegal Immigration Relief Act."

Originally, the Pennsylvania city's law denied business licenses to companies that hire illegal workers, established English as the town's official language and potentially fined landlords up to $1,000 for renting their property to illegal immigrants.

After facing lawsuits from civil rights groups, the town amended the law to relax fines and implement a complaint and verification process similar to the one proposed for Escondido. Hazleton's rental law goes into effect Nov. 1.

Any rental ban here is almost certain to generate legal challenges, as well.

Attorneys from the Mexican-American Legal Defense and Education Fund have regularly appeared at council meetings to oppose the measure. And the Los Angeles-based organization has promised to take "any necessary action" to legally challenge Escondido's proposal, if it is passed.

Similarly, this week the American Civil Liberties Union warned the city in a letter that the proposed ordinance could be overruled by existing federal law and "would create unnecessary hardship and homelessness, particularly for innocent children." The organization also said it is prepared to take the city to court over the measure.

John Trasvina, interim president of the defense fund, said that after reading the ordinance, he believed it was "entirely unworkable" and said there is almost no way aside from racial profiling to allege that someone is an illegal immigrant.

"If they see the person crossing into the country illegally, then they can say the person is here illegally," Trasvina said. "Other than that, no."

If other cities' experience is any measure, the ordinance could produce dramatic collateral results.

Large protests rocked many of the six towns nationwide that have approved some form of local immigration law.

And merchants in Hazleton and Riverside Township, N.J., which approved its own version in July, have reported significant drops in business in what were once thriving commercial downtowns, as fearful immigrant families leave town even before the law is enacted.

A city divided


There is no way to know exactly how many Escondido residents and landlords might be affected by the ban.

About 42 percent of Escondido's 141,000 residents are Latino, up from about 16 percent in 1990, according to the San Diego Association of Governments.

A recent city-funded study of the Mission Park neighborhood in the middle of town showed the majority living in that 1 1/2-square-mile area were born in other countries, especially Mexico. And 66 percent speak primarily Spanish, according to the city's survey of the area.

Supporters of the ordinance cite the report as evidence of the need to take action.

Jeff Schwilk, founder of the San Diego Minutemen hailed the rental ban, and said it could serve as a model for other local cities.

"It's a great step in the right direction to undo some of the bad things that are happening in Escondido," Schwilk said, adding that his group plans to demonstrate outside City Hall before the meeting.

Opponents, however, said the law would simply target Latinos.

Bill Flores, an Escondido resident and retired San Diego County assistant sheriff, called the ban misguided. Flores, who has worked with other community leaders to protest the ordinance, said it would damage the city's reputation and be detrimental to many Latino families.

"The legacy that the United States has in dealing with immigration, it's embarrassing to read," Flores said, pointing out failed immigration policies such as the Chinese Exclusion Act of 1882, which restricted immigration from China. "And that is the legacy this city is going to have when it passes this ordinance."

If adopted, the ordinance would also bookend San Diego County at two extremes of the immigration debate.

Earlier this week, National City Mayor Nick Inzunza signed a proclamation declaring his town a "sanctuary city" that would not use local tax dollars to enforce federal immigration law. The mayor's proclamation did not have the backing of his colleagues on the City Council and is solely symbolic.


http://www.10news.com/news/9975913/detail.html

Escondido City Council To Vote On Illegal Immigrants Ordinance
Ordinance Would Suspend Business Licenses Of Landlords That Rent To Illegal Immigrants

POSTED: 10:48 am PDT October 1, 2006

ESCONDIDO, Calif. -- The Escondido City Council is set to vote Wednesday on an ordinance that calls for suspending the business licenses of landlords who rent to illegal immigrants, 10News reported.

The proposed ordinance calls for the city to take action, because "the state and federal government lack the resources to properly protect the citizens of the city of Escondido from the adverse effects of the harboring of illegal aliens, and the criminal activities of some illegal aliens," according The San Diego Union-Tribune.

If the ordinance passes, which it is expected to do by a 3-2 margin, Escondido would become the first city in the state to enact such a law, the newspaper reported.

National City Mayor Nick Inzunza is taking the opposite tack. Saturday, he declared the border city a sanctuary for illegal immigrants.

Escondido City Attorney Jeffrey Epp said the proposed ordinance is "entirely consistent with federal law."

The ordinance would rely on informants reporting suspected illegals, the Union-Tribune reported.

Landlords would then be required to submit documents to city officials that show their tenants are legal residents. In the case of a violation, the tenants would need to be out in five days or the landlord could have his or her business license suspended, the Union-Tribune reported.

The proposed Escondido ordinance is similar to one enacted in Hazleton, Penn., earlier this year and is now being challenged in court, the newspaper reported.

Contact staff writer David Fried at (760) 740-5416 or dfried@nctimes.com.

My husband and I drove around Escondido today. Yes, there are some shabby looking apt buildings but the area all and all looked nice, in fact, some areas are charming. I wish the council luck because they are only trying to keep their city keep that charm. It is not a 'hell-hole.' Not yet. We both agreed that we could see how the city is struggling in areas.