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Proposal: Outlaw renting to illegals
Bill would also prohibit lenders from granting home mortgages

By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 02.02.2006

PHOENIX — State legislators are set to consider proposals designed to get illegal entrants where they live.

The House Committee on Federal Mandates and Property Rights will debate a measure Monday to make it illegal for landlords to rent to people not in this country legally.

That same proposed law also includes a provision to ensure that those here illegally don't buy homes, either. It would bar banks from lending money to anyone who does not have a Social Security number. By definition, that includes people who are undocumented.

But the fate of both proposals is far from certain amid opposition from the affected businesses.

Courtney Gilstrap LeVinus, lobbyist for the Arizona Multihousing Association, said landlords and leasing agents are not experts in immigration law. And the legislation does not spell out what forms of identification would be acceptable, putting landlords in danger of unintentionally breaking the law.

Even Rep. Chuck Gray, R-Mesa, questioned the workability of requiring apartment owners to get proof of a prospective tenant's immigration status.

"I have been a landlord before and rented," he said. "They gave me the check and it was good and I let them live there."

The loan portion of the legislation is aimed specifically at home mortgages. But Tanya Wheeless, president of the Arizona Bankers Association, said what the measure seeks to do may be precluded by federal law.

She pointed out that the federal government issues individual taxpayer identification numbers to those without Social Security numbers.

Wheeless said that includes people who are not U.S. citizens, some of whom may be here legally.

But Rep. Russell Pearce, R-Mesa, said the identification numbers were designed to allow people who are not citizens to engage in banking and other financial transactions, not to borrow money and buy homes. And he said federal law already makes it a crime to encourage or induce someone to come to this country illegally.

"A mortgage certainly does that," he said. "It's outrageous to think you can buy a home and have no business in this country."

As it stands, the proposal doesn't specify what the penalty would be for giving an illegal entrant a lease or a loan. That's one of the issues the committee is supposed to figure out on Monday.

The same committee also will review a separate proposal to require companies to verify that employees and job applicants are in this country legally.