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  1. #1
    Senior Member zeezil's Avatar
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    TX: Lawsuit filed to prevent new immigrant law

    Lawsuit filed to prevent new immigrant law
    Friday, September 05, 2008 at 3:01 p.m.

    DALLAS (AP) -- Opponents of a Dallas suburb's latest effort to force out illegal immigrants filed a lawsuit Wednesday seeking to stop a city ban on apartment and home rentals to tenants who can't prove they are legally in the country.

    The filing in federal court seeks to prevent Farmers Branch from requiring prospective renters to obtain a license from the city. Information from the license application would be forwarded to the federal government for verification of a tenant's legal immigration status.

    In the lawsuit, attorneys representing a group of apartment complex operators and a former Farmers Branch council member contend the city is trying to regulate immigration despite it being the domain of the federal government. They also claim the ordinance fails to include clear, detailed procedures and safeguards and places a burden and liability on landlords.

    Opponents also allege the city is violating federal housing laws by trying to deny a dwelling to a person based on ethnicity and national origin. The suit contends the new ordinance is part of a bigger attempt by Farmers Branch officials to push out Hispanic residents.

    Opponents will ask for a temporary restraining order on Thursday to prevent the rule from taking effect Sept. 13, said attorney Bill Brewer, who represents opponents of the rule.

    City officials approved the latest ordinance so that it would go into effect 15 days after a judge's final ruling throwing out a previous ban; that ruling came Friday. The earlier ban was similar but placed the burden of checking prospective tenants' residency status on landlords rather than the city.

    Under the new city rule, the Farmers Branch building inspector would ask U.S. Citizenship and Immigration Services to check the status of thousands of renters using the Systematic Alien Verification for Entitlements. The database is used by government agencies to look up whether the immigration status of a person entitles them to a state or federal benefit, but it is not a complete collection of information on the many types of legal immigrants.

    Officials with Citizenship and Immigration Services have said the city first must seek an agreement with the agency for Farmers Branch workers to access the database. Farmers Branch is not currently participating in either the SAVE database or E-Verify program, which is used by employers to check whether new hires are entitled to work in the U.S.

    Attorney Michael Jung, who represents Farmers Branch, said federal officials told the city to resubmit its application to use the database when the ordinance took effect.

    The ordinance tries to deter illegal immigration, but Jung said it is not part of an effort to discriminate against Hispanics.

    ``We're anxious to move along, have the new ordinance go into effect and to have the court challenge resolved as quickly as possible,'' he said.
    http://www.kgbt4.com/news/news_story.aspx?id=186469
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  2. #2
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    Opponents also allege the city is violating federal housing laws by trying to deny a dwelling to a person based on ethnicity and national origin. The suit contends the new ordinance is part of a bigger attempt by Farmers Branch officials to push out Hispanic residents
    .

    No...we are trying to deny dwelling to persons who are in this country illegally. Since this applies to all illegals, it could never be based on ethnicity and national orgin, unless your prepared to make the argument that all illegal invaders in this country are hispanics from mexico.
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    A landlord can check your credit report (with your permission) and sometimes at your expense. This info can give the landlord an indication as to your reliability and help him/her in your risk evaluation.

    The last time I rented I had to submit to a criminal record check and a credit check along with references and proof of employment.

    At one apartment complex I saw evidence of people living in expensive apts. very overcrowded with people sleeping on balconies etc. asked the agent what was this? you want me to jump thru hoops to rent ID,Credit,Criminal check, 2 months upfront and a security deposit, cleaning deposit,pet deposit etc Rent was ($2500 a month). He replied that
    the other people were IAs who had someone rent the apt for them then they move in. Very hard to evict (so he said)

    This was in LA
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    Senior Member azwreath's Avatar
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    Quote Originally Posted by jimpasz
    A landlord can check your credit report (with your permission) and sometimes at your expense. This info can give the landlord an indication as to your reliability and help him/her in your risk evaluation.

    The last time I rented I had to submit to a criminal record check and a credit check along with references and proof of employment.

    At one apartment complex I saw evidence of people living in expensive apts. very overcrowded with people sleeping on balconies etc. asked the agent what was this? you want me to jump thru hoops to rent ID,Credit,Criminal check, 2 months upfront and a security deposit, cleaning deposit,pet deposit etc Rent was ($2500 a month). He replied that
    the other people were IAs who had someone rent the apt for them then they move in. Very hard to evict (so he said)

    This was in LA




    Being in LA, that would explain why it might be hard to evict such people.

    However, here in AZ, we have no such problem. Anyone who was not on the original application and rental agreement is considered and "unauthorized occupant". We can then issue a Demand For Possession which means, basically, "you don't belong here so you need to leave right now".

    If they don't, we evict EVERYONE, including the original, authorized occupants if they are still there.

    It really cuts down on a lot of the problems illegals bring with them and the underhanded crap they try to pull.
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  5. #5
    Senior Member Gogo's Avatar
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    Quote Originally Posted by azwreath
    Quote Originally Posted by jimpasz
    A landlord can check your credit report (with your permission) and sometimes at your expense. This info can give the landlord an indication as to your reliability and help him/her in your risk evaluation.

    The last time I rented I had to submit to a criminal record check and a credit check along with references and proof of employment.

    At one apartment complex I saw evidence of people living in expensive apts. very overcrowded with people sleeping on balconies etc. asked the agent what was this? you want me to jump thru hoops to rent ID,Credit,Criminal check, 2 months upfront and a security deposit, cleaning deposit,pet deposit etc Rent was ($2500 a month). He replied that
    the other people were IAs who had someone rent the apt for them then they move in. Very hard to evict (so he said)

    This was in LA




    Being in LA, that would explain why it might be hard to evict such people.

    However, here in AZ, we have no such problem. Anyone who was not on the original application and rental agreement is considered and "unauthorized occupant". We can then issue a Demand For Possession which means, basically, "you don't belong here so you need to leave right now".

    If they don't, we evict EVERYONE, including the original, authorized occupants if they are still there.

    It really cuts down on a lot of the problems illegals bring with them and the underhanded crap they try to pull.
    Many landlords and property managers now have you give the names of those who are to live in the home and no one else will be allowed to live there OR they have broken their agreement and can be evicted based on breaking the contract and lying. They also put the maximum amount of people who can live in the home.
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  6. #6
    Senior Member Dixie's Avatar
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    I can't help but believe that at least one horses rear gets a law degree every day.

    Dixie
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  7. #7
    Senior Member Gogo's Avatar
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    Quote Originally Posted by Dixie
    I can't help but believe that at least one horses rear gets a law degree every day.

    Dixie
    LOL You know what they call they guy who graduated last in his medical school?





    DOCTOR
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    There is also something called code enforcement and fire marshalls who worry about overcrowding of apartments as there are laws, I believe, in every jurisdiction in the US. As a former Fla. vacation property rental agent, when an apartment allowed occupancy by only four people according to condo rules set out, there was a serious problem when 12 or 18 were seen to be there, especially during spring break.
    I would absolutely hate to see the condition of that apartment after everyone is gone, as I once was hit by a call that one of the apartments I rented seemed to be on fire. The renters were Cuban and decided to roast a whole pig in the bathtub.
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  9. #9

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    Here we go again. The compulsory lawsuit. The ruling against citizens. The appeal. Unnecessary millions of taxpayer funds expended. Another little town crushed until SCOTUS deigns to hear the case. In this situation, it seems Brewer's added humiliation to the punishment, similar to that suffered by Escondido. Seems like he's actually at war with America. Pretty un-American if you ask me. Decisions, decisions.
    '58 Airedale

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