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Ban on renting to illegals may be requested
Advisory committee is aware this type of law has been challenged in other towns
BY MARK ROSMAN
Staff Writer

Feb 7, 2007

The Borough Council was expected to be asked on Feb. 5 to consider adopting an ordinance that would prohibit the renting of apartments to illegal aliens in Freehold Borough.

The Rental Property Advisory Committee was expected to make a series of recommendations to the council, according to Frank Argote-Freyre, a member of the advisory committee.

Argote-Freyre recognized his fellow committee members for working hard to come up with the report. He did, however, state his objection to the idea of asking landlords to check the immigration status of potential renters.

Specifically, the advisory committee's report to the council noted how some municipalities in the United States have enacted laws that "require anyone renting an apartment or home to produce valid proof of citizenship or permanent residency."

The advisory committee states it is its opinion that "this ordinance merits consideration by the council for adoption, pending review of its enforceability by the courts. Recent developments in our borough ... must be considered, together with potential legal challenges which may result from such adoption."

In a letter to Mayor Michael Wilson, Argote-Freyre said asking landlords to investigate a potential renter's immigration status "would turn borough landlords into immigration officials, a role that would place an unjust burden on them and which would have a discriminatory impact on some renters."

"Second, the language of the recommendation is divisive and would contribute to the ongoing tension between the governing body and the borough's Latino community. Furthermore, such an ordinance is very likely unconstitutional and the support of the governing body would serve absolutely no useful purpose.

"Finally, with regard to [this] recommendation, immigration is a national issue and one that borough officials should stay away from because it causes deep divisions in our community," Argote-Freyre wrote.

He touched on another recommendation that was expected to be made to the council. Argote-Freyre wrote, "I agree with the concept of an ongoing rental inspection program, but I am concerned with the potential for civil rights violations. In an effort to monitor the borough's respect for civil rights, the Latino Leadership Alliance of New Jersey has established a rental inspection complaint form. Violations of the civil rights of renters in the borough will be referred to area lawyers for action. We will specifically be looking for violation patterns."