http://www.chron.com/disp/story.mpl/met ... 56407.html

Jan. 8, 2007, 10:58PM
Farmers Branch immigration rental rule to face voters


By ANABELLE GARAY
Associated Press


FARMERS BRANCH — Voters will get the chance to decide whether the city should keep a new rule requiring apartment landlords to verify the citizenship or immigration status of their tenants.

During a meeting today, the City Council voted to put a rental ordinance they approved late last year on the ballot May 12. But in the meantime, the council plans to let the new rule take effect Friday.

Opponents of the ordinances had submitted a petition in hopes of forcing a vote on the measures, a move allowed under the city's charter. More than 1,200 registered voters from Farmers Branch signed it, far exceeding the number required to force a vote, said attorney William Brewer, who represents several opponents of the new rule.

In November, the City Council unanimously approved requiring that property managers or owners verify the immigration or citizenship status of apartment renters. Property managers or owners who break the rule face a misdemeanor charge punishable by a fine of as much as $500. Council members also approved resolutions making English the city's official language and allowing local authorities to become part of a federal program so they can enforce immigration laws.

Around the country, more than 60 municipalities have considered, passed or rejected similar laws, but Farmers Branch became the first city to match the trend in the Lone Star State.

Since then, judges in California and Pennsylvania have halted similar ordinances from taking effect there.

Farmers Branch also faces several lawsuits challenging its ordinance. The Mexican American Legal Defense and Educational Fund and the American Civil Liberties Union filed a suit late last month on behalf of several Farmers Branch residents and landlords. They allege the ordinance is so poorly drafted that it could allow exclusion of legal immigrants and citizens from renting and is difficult to abide by since it doesn't provide clear guidance for apartment managers and owners.

Three apartment complexes also filed a lawsuit against the City Council and building inspector. They allege the city took the unauthorized federal role of enforcing immigration laws and improperly tries to turn property managers into policing agents.

A third lawsuit filed in December alleges the city's mayor and council repeatedly violated the state's open meetings laws to deliberate the immigration-related rules.

City leaders have said they expected legal challenges.