Thread: Keyport, NJ Ordinance would fine renting to illegals

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Ordinance would fine those renting to illegal immigrants
Posted by the Asbury Park Press on 10/17/06
BY KEVIN PENTON
KEYPORT BUREAU

KEYPORT — Landlords would be fined for renting to illegal immigrants under an ordinance the Borough Council is expected to consider tonight.

The ordinance, proposed earlier this month by Councilman Joseph Wedick, would allow the borough to fine landlords $1,000 for each time officials found out that a residential unit had been rented to someone who is not in the country legally.

The ordinance would be another way the borough could penalize landlords who allow too many people to crowd into apartments or homes, Wedick said.

"This is the borough's way of protecting those without a voice," said Wedick, who noted his ordinance is not meant to target Hispanics or other ethnic groups. "I'm not looking to arrest, deport or fine anyone who is illegal. I'm taking on the landlords."

The proposed ordinance drew criticism on Monday from the National Coalition of Latino Clergy & Christian Leaders, who gathered outside of Borough Hall to speak out against it.

"This is a racist ordinance with the sole purpose of getting rid of all Latinos in Keyport," said the Rev. Miguel Rivera, the coalition's president. "We are ready to file a lawsuit in federal court should it ever be adopted."

Rivera said members of his organization and the American Civil Liberties Union are expected to attend tonight's meeting to monitor what council says and does and prepare for any future actions.

Under the ordinance Wedick proposed, a code enforcement officer or a police officer would be allowed to ask about the legal status of the resident of a dwelling should Keyport receive complaints about an address or if the landlord was applying for a certificate of occupancy.

Residents would prove their legal status by showing any of the same documents one must produce to obtain a driver's license in New Jersey, Wedick said.

Keyport has a growing Hispanic population, many of whom work in Bayshore restaurants or cut lawns in the region, said Geno Rivera, the owner of a Front Street store, Grocery Los Paisanos, that caters to immigrants.

With low pay and high rents, it is natural that few can afford to rent an apartment on their own, noted Rivera, who said he does not understand why the borough would target illegals.

"Everyone here works hard, if not harder, to get by," said Rivera in Spanish. "Rent isn't cheap, so what are people going to do?"

Existing borough ordinances should be used to deal with the overcrowding issues that Wedick has raised, Keyport Mayor John Merla said, not an ordinance that he believes targets those looking to get a toehold in this country.

"If there's overcrowding in this town, I want to find out where it is," said Merla, who contends the proposed ordinance is embarrassing for Keyport. "But I don't think it makes sense for a local municipality to try to enforce something that falls in the federal realm."

Council President Robert Bergen said he asked Borough Attorney John Wisniewski to hold off on revising a sample ordinance that Wedick submitted earlier this month until council meets tonight and reaches a consensus on how it feels about the issue.

"Frankly, I believe this stands little chance of withstanding a legal challenge," said Bergen, who is also against the ordinance.

Wedick said no one on the council voiced any opinion against his proposal when he pitched it earlier this month. He said he is ready to fight any legal challenge by outside entities.

"If they want to protect landlords who hand out candles to people so they'll stay warm, that's absolutely their right," Wedick said. "I'm looking to stand up for these people."

without a voice," said Wedick, who noted his ordinance is not meant to target Hispanics or other ethnic groups. "I'm not looking to arrest, deport or fine anyone who is illegal. I'm taking on the landlords."

The proposed ordinance drew criticism on Monday from the National Coalition of Latino Clergy & Christian Leaders, who gathered outside borough hall to speak out against it.

"This is a racist ordinance with the sole purpose of getting rid of all Latinos in Keyport," said the Rev. Miguel Rivera, the coalition's president. "We are ready to file a lawsuit in federal court should it ever be adopted."

Rivera said members of his organization and the American Civil Liberties Union are expected to attend tonight's meeting to monitor what council says and does and prepare for any future actions.

Under the ordinance Wedick proposed, a code enforcement officer or a police officer would be allowed to ask about the legal status of the resident of a dwelling should Keyport receive complaints about an address or if the landlord was applying for a certificate of occupancy.

Residents would prove their legal status by showing any of the same documents one must produce to obtain a driver's license in New Jersey, Wedick said.

Keyport has a growing Hispanic population, many of whom work in Bayshore restaurants or cut lawns in the region, said Geno Rivera, the owner of a Front Street store, Grocery Los Paisanos, that caters to immigrants.

With low pay and high rents, it is natural that few can afford to rent an apartment on their own, noted Rivera, who said he does not understand why the borough would target illegals.

"Everyone here works hard, if not harder, to get by," said Rivera in Spanish. "Rent isn't cheap, so what are people going to do?"

Existing borough ordinances should be used to deal with the overcrowding issues that Wedick has raised, Keyport Mayor John Merla said, not an ordinance that he believes targets those looking to get a toehold in this country.

"If there's overcrowding in this town, I want to find out where it is," said Merla, who contends the proposed ordinance is embarrassing for Keyport. "But I don't think it makes sense for a local municipality to try to enforce something that falls in the federal realm."

Council President Robert Bergen said he asked Borough Attorney John Wisniewski to hold off on revising a sample ordinance that Wedick submitted earlier this month until the council meets tonight and reaches a consensus on the issue.

"Frankly, I believe this stands little chance of withstanding a legal challenge," said Bergen, who is also against the ordinance.

Wedick said no one on the council voiced any opinion against his proposal when he pitched it earlier this month. He said he is ready to fight any legal challenge by outside entities.

"If they want to protect landlords who hand out candles to people so they'll stay warm, that's absolutely their right," Wedick said. "I'm looking to stand up for these people."

without a voice," said Wedick, who noted his ordinance is not meant to target Hispanics or other ethnic groups. "I'm not looking to arrest, deport or fine anyone who is illegal. I'm taking on the landlords."

The proposed ordinance drew criticism on Monday from the National Coalition of Latino Clergy & Christian Leaders, who gathered outside borough hall to speak out against it.

"This is a racist ordinance with the sole purpose of getting rid of all Latinos in Keyport," said the Rev. Miguel Rivera, the coalition's president. "We are ready to file a lawsuit in federal court should it ever be adopted."

Rivera said members of his organization and the American Civil Liberties Union are expected to attend tonight's meeting to monitor what council says and does and prepare for any future actions.

Under the ordinance Wedick proposed, a code enforcement officer or a police officer would be allowed to ask about the legal status of the resident of a dwelling should Keyport receive complaints about an address or if the landlord was applying for a certificate of occupancy.

Residents would prove their legal status by showing any of the same documents one must produce to obtain a driver's license in New Jersey, Wedick said.

Keyport has a growing Hispanic population, many of whom work in Bayshore restaurants or cut lawns in the region, said Geno Rivera, the owner of a Front Street store, Grocery Los Paisanos, that caters to immigrants.

With low pay and high rents, it is natural that few can afford to rent an apartment on their own, noted Rivera, who said he does not understand why the borough would target illegals.

"Everyone here works hard, if not harder, to get by," said Rivera in Spanish. "Rent isn't cheap, so what are people going to do?"

Existing borough ordinances should be used to deal with the overcrowding issues that Wedick has raised, Keyport Mayor John Merla said, not an ordinance that he believes targets those looking to get a toehold in this country.

"If there's overcrowding in this town, I want to find out where it is," said Merla, who contends the proposed ordinance is embarrassing for Keyport. "But I don't think it makes sense for a local municipality to try to enforce something that falls in the federal realm."

Council President Robert Bergen said he asked Borough Attorney John Wisniewski to hold off on revising a sample ordinance that Wedick submitted earlier this month until the council meets tonight and reaches a consensus on the issue.

"Frankly, I believe this stands little chance of withstanding a legal challenge," said Bergen, who is also against the ordinance.

Wedick said no one on the council voiced any opinion against his proposal when he pitched it earlier this month. He said he is ready to fight any legal challenge by outside entities.

"If they want to protect landlords who hand out candles to people so they'll stay warm, that's absolutely their right," Wedick said. "I'm looking to stand up for these people."

Kevin Penton: (732) 888-2617 or kpenton@app.com

I have sent letters to the Mayor and the Councilmembers.

Hope they pass the measure tonight.

October 25, 2006


Possible ban on renting to illegals fails to pass
Keyport Latinos attend in opposition at packed meeting
BY KAREN E. BOWES
Staff Writer

Illegal immigrants living in Keyport can stay put, for now at least. On Oct. 17, hundreds packed borough hall to hear the introduction of a new law that would make renting to illegal immigrants a crime. Modeled on a similar law recently adopted in Riverside, N.J., the ordinance was ultimately rejected before it was even read.

"The council, at this time, is proposing to delete that ordinance indefinitely," Mayor John Merla said.

The mayor then announced a five-minute recess in order to thin the standing-room-only crowd, which included a large Latino showing.

"We feel strongly that it's a federal issue, and the federal government should deal with it," Merla told the crowd. "And it shouldn't lie upon a 1.4-square-mile town to take the lead on an issue that affects our country."

This was not the case two weeks earlier. On Oct. 3, Councilman Joseph Wedick proposed the ordinance to cut down on overcrowding and "to get an idea of the impact on neighborhoods." At that time, Wedick said he wanted the issue handled locally.

With no members of the council speaking against the idea, a unanimous vote was taken to have Borough Attorney John Wisniewski prepare a draft of the proposed law for introduction. Wisniewski agreed, saying the document would be ready for the Oct. 17 meeting.

With only two weeks having passed since that unanimous vote, however, the attorney's advice was the catalyst for the councilmen to change their minds.

"What convinced us was the attorney," Merla told reporters after the meeting. "We can't pre-empt federal law."

So is the issue dead? Maybe not.

"We're going to explore it," Merla said.

Wedick was not pleased with the new legal advice.

"I've been told tonight by the borough attorney that federal law precludes me from following through on those desires," Wedick said, referring to his desire to end overcrowded housing conditions. "I am not allowed to stand up for people without a voice. As a council, we cannot move forward to do anything of that nature, states the law, and it's very frustrating. And yet I am called a racist. And I don't understand it. That's what has me angry - that I'm trying to do what I think is the right thing. And then I have demonstrations, and I have threats from the ACLU, and I have threats of people telling me that I am so prejudiced, and that's what's rooted in my efforts. People that know me know differently."

Wedick received scattered applause for the statement. Merla also stood up for Wedick, saying although he disagrees with him on many things, the councilman is not a racist.

"There was no intent to slur any ethnicity specifically," Merla said.

A few residents noted that pricey lawsuits were also a reason to nix the law. One organization has already threatened a suit.

On Oct. 13, the National Coalition of Latino Clergy & Christian Leaders sent a letter to Wedick warning it would file papers against the borough in federal court if the law is adopted.

"This ordinance will divide the Keyport community, give those who are racists a tool to hurt members of our community, violate the freedom and right to privacy of local residents/citizens and well-being of Keyport," wrote the Latino group's president, the Rev. Miguel Rivera. "I speak from firsthand experience in the towns of Riverside and Hazleton."

So instead of adopting a new law, Merla said the town will work with the laws it already has.

"The council had discussion and the council feels strongly that we have enough laws locally that we could enforce, or enforce better, to get what we need to get done to enforce the laws of overcrowding," Merla said.

Merla added, "And if it comes into play, we have many opportunities; we have many laws on the books right now where we can go in if we feel it's an unsafe environment."

Also, the borough administrator will "immediately meet with the proper officials to take on some of the issues that Councilman Wedick and other council members have," Merla said.

"We can do this together," Merla said, asking residents to complain if they feel their landlord or another landlord is violating the law.

But this plan was not without its critics either.

Donna Wedick, the councilman's wife, asked to whom she should address her complaints. Merla replied that for now, complaints should be addressed to him. He would then pass the complaints along to the borough's building inspector, code enforcement officer or police department, depending on the case.

"I have done that," Mrs. Wedick said, "and they're still violating and they're still overcrowding."

She added that since the town is so small, it is easy to see which houses are in violation.

"I can name four houses right now," Mrs. Wedick said. "Why can't we just go against those people?"

Resident Michael Lane also complained, saying the borough did not make it known when officials removed a group of illegal squatters from a borough florist shop.

"When are we going to hear about these laws being enforced?" Lane asked.

"Six people were evicted from the flower shop," Merla said. "Do you want me to take out an ad and post it?"

Most members of the audience were pleased with the meeting's end result.

Resident Socrates Hernandez expressed his elation in broken English, saying, "I'm so happy. I'm so glad they don't pass law. God bless America."

Originally from Mexico, Hernandez has lived in Keyport for six years.

In response to comments made at the Oct. 3 meeting, remarks that characterized Mexicans as drunkards and vandals, Hernandez said he understands it can be frustrating, especially when Latinos "get drunk and fall asleep in the street."

However, not all Latinos behave in such a way, he added. Most simply "go to work, go home, go to sleep and go back to work," Hernandez said.

Wedick said it was never his intent to polarize the Latino community.

"My intention was to try to keep people from being hurt or conceivably getting killed," Wedick said. "And when that happens, nobody cares if you're illegal. Nobody cares if you're legal. You're dead. And everyone will stand around and wish that they could have done something."