Thread: TX - Farmers Branch revises rental law proposal

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Farmers Branch revises rental law proposal

01/23/2007

By ANABELLE GARAY / Associated Press


City Council members in this Dallas suburb agreed Monday night to revise a controversial ordinance requiring apartment landlords to check the immigration status of their tenants.

The reworked ordinance would exempt minors and people 62 and over from having to prove their immigration status or citizenship. Also, families made up of citizens and undocumented members would be allowed to renew an apartment lease if they meet three conditions: are already tenants, the head of household or spouse is living legally in the U.S. and the family includes only the spouse, their minor children or parents.

The revised rule, approved unanimously after the council heard from dozens of speakers and each other, will go to voters May 12.

Before the vote, State Rep. Rafael Anchia urged council members to work together to ask the federal government for immigration reform instead. He highlighted a Texas comptroller report that found immigrants contribute more to the state economy than they use in services.

"I find it difficult for you to legislate from the City Council what is a federal mandate," Anchia, D-Dallas, told the council.

A few of the more than 100 people who attended the meeting shook their heads and yelled "They should be," when Anchia said many of his undocumented constituents were scared.

About half of those who spoke urged the council to pass the revised proposal and praised them for approving the initial ordinance.

The original proposal — which has outraged activists who call it anti-immigrant posturing — was unanimously approved in November. It required property managers or owners to verify the immigration or citizenship status of each apartment occupant before they could enter into a lease.

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.

Since then, Farmers Branch has been sued by civil rights groups, residents, property owners and business people challenging the rental ordinance. Opponents of the ordinance also submitted a petition that forced the vote on the issue, a move allowed under the city's charter.

A judge issued a temporary restraining order blocking the ordinance a day before it was to go into effect earlier this month.

The City Council held a special meeting last week in which members directed the city attorney to prepare a revised rental ordinance.

Changes made to the original ordinance were designed to bolster the city's legal arguments and to be compassionate toward children and the elderly, said Councilman Tim O'Hare, who led the effort to pass the ordinance.

But opponents say the revisions are a clever attempt to get around some of the lawsuits, said Christopher McGuire, co-chair of Uniting Farmers Branch.

Despite the changes, the effect of the ordinance remains the same, said Marisol Perez, staff attorney for the Mexican American Legal Defense and Educational Fund, which is suing the city.

"We think that any ordinance that tries to regulate the area of immigration should be subject to judicial scrutiny," Perez said before the council meeting.

Supporters of the rental ordinance say the changes try to address the lawsuits the city faces and incorporate rules from federal housing laws at the local level.

"I think it was brilliantly simple..." said Tom Bohmier, of Support Farmers Branch. "And it gives some leeway to mixed families. I don't know what more people could want especially if they're opposed to it."

Around the country, more than 60 cities or counties have considered, passed or rejected similar laws, but Farmers Branch was the first in Texas.

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

Farmers Branch has changed from a small, predominantly white bedroom community with a declining population in the 1970s to a city of almost 28,000 people, about 37 percent of them Hispanic, according to the census. It also is home to more than 80 corporate headquarters and more than 2,600 small and mid-size firms, many of them minority-owned.

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On the Net:

Farmers Branch http://farmersbranch.info

MALDEF http://www.maldef.org

Support Farmers Branch http://www.supportfarmersbranch.com

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Farmers Branch Approves Amended Ordinance

Last Edited: Monday, 22 Jan 2007, 10:06 PM CST
Created: Monday, 22 Jan 2007, 9:36 PM CST

FARMERS BRANCH, Texas --
The City of Farmers Branch voted Monday night to throw out its old ordinance limiting landlords leasing to illegal immigrants, but also created an amended document that will go before voters in May.

Ordinance 2903 repeals Ordinance 2892, which punished landlords for renting to undocumented tenants. But it also sets new rules for the city's housing code.

The new ordinance would require landlords to obtain a signed declaration from renters, as well as copies of legal documents. Also, minors and people 62 and over would not have to prove their immigration status or citizenship.

Also, families made up of citizens and undocumented members would be allowed to renew an apartment lease if they meet three conditions: are already tenants, the head of household or spouse is living legally in the U.S. and the family includes only the spouse, their minor children or parents.

The Farmers Branch debate drew national attention last fall, and still remains a hot topic today. About 100 people showed for Monday night's meeting.

Among them, a Dallas-based syndicated radio talk show host who presented a check for more than $10,000 to the Farmers Branch Legal Defense Fund. Mike Gallagher says he raised the money selling t-shirts that read, "This is America… please speak English."

Shouting matches and heated debates have been held in the past in front of City Hall, but Monday's meeting was calm and respectful. One by one, citizens came forward to speak their piece in front of the council before the vote was taken

"How in the world did Americans come to the point where we have to fight to uphold our laws?" said one woman.

"Our Hispanic families are hardworking, dedicated and strong and we will not be intimidated by this outright bigotry that has filled this room," said another.

"That a few individuals have decided to make Farmers Branch into another Selma, Alabama, Birmingham, Chicago – you name it, all we lack now are the dogs and the firehoses," said one angry resident.

"I support you all in your efforts," said one woman with tears streaming down her face, "but it breaks my heart when somebody says that we're bigoted."

The council voted unanimously to approve the revised rule. Now voters will have the final say on May 12, when the issue appears on the ballot.

"They should be," when Anchia said many of his undocumented constituents were scared.

looks like someone needs to be investigated for possible voter fraud. he basically admitted it right there.