Landlords take issue with Escondido rental ban
By: DAVID FRIED - Staff Writer | ∞
Jim Brabant is a landlord who rents out a home in the Kent Ranch development in Escondido. He supports the recently passed ordinance barring landlords from renting to illegal immigrants, and said he believes that landlords need to do their part to comply with the law.
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ESCONDIDO ---- Landlord Louise Connor understands why the city recently passed a law barring rentals to illegal immigrants, a measure billed as one way to control residential overcrowding. She just knows that making sure your tenants are legal and following guidelines aren't always so easy.
Just over a year ago, she rented one of her units to a non-Latino couple in their mid-30's, but only after running credit and background checks. Everything panned out.
But within a few months, she started getting complaints from neighbors about the people living in the 550-square-foot house, contravening a clause in the rental agreement. Connor said she confronted the couple, to no avail, so she began a formal eviction process.
More than 60 days later, court order in hand, Connor, assisted by San Diego County sheriff's deputies evicted the couple ---- and five unknown Latinos who had piled into the two-bedroom rental.
Her experience underscores what many local landlords say are the nuances and complications of the rental and eviction process that make enforcing the city's rental ban a burden at best, and impossible ---- as well as extremely costly ---- at worst.
"I support what the city is trying to do, and their thoughts are in the right place," Connor said of the law, which is set to take effect Nov. 18. "But they haven't fine-tuned (the ordinance) to where it's workable."
Evictions take time
Credit checks, identification documents and references are all some of the items landlords said they require of their tenants, and none of those will guarantee that not a single illegal immigrant will occupy their properties.
"This has to be a nightmare for landlords," said Steven R. Kellman, director of the Tenants Legal Center in San Diego. "Because not only do they have a whole new layer of bureaucracy, but they're subject to penalties that create ill will, vacancies and a risk of expense."
Many landlords questioned the fact that they were not included or consulted in the drafting of the ordinance, which they say is fraught with problems and impracticalities.
The San Diego County Apartment Association has told the city that enforcing the rental ban is almost certain to generate lawsuits against landlords and property managers of Escondido's roughly 19,000 rental units.
Roy Garrett, an Escondido attorney and landlord, said he sees problems arising the first time any owner found to be in violation of the law tries to remove the tenants in question.
Under the ordinance, landlords found to be renting to illegal immigrants would have 10 business days to remove the tenants, or face penalties ranging from suspension of their business licenses to fines of up to $1,000 a day and six months in jail.
Garrett, who owns what he described as a "substantial number" of rental properties, said that even if the Escondido law were to withstand the inevitable legal challenges, it would force landlords to bypass the established legal process for eviction.
Legally, landlords can serve a three-day notice to vacate a property, if the tenant is breaking the law. But if the tenant doesn't leave ---- and they rarely do ---- landlords must file an unlawful detainer, a process that generally takes about 60 days and requires a final determination from a judge and the assistance of a sheriff's deputy.
Landlords, he said, can't even throw out furniture from an unpaid storage unit without going through a formal eviction process.
Under this law, "a couch has more protection than human beings," he said.
A spokesman for the San Diego County Sheriff's Department said the agency acts as the enforcement arm of the courts, and would not assist landlords in removing tenants under the Escondido ordinance. An Escondido Police Department spokesman said the city's agency does not handle evictions.
The city's role
Not only will enforcing the law become a legal liability for the landlords, Garrett said, next in line will be the city.
City Attorney Jeffrey Epp said he believes the city would be insulated from any liability, since it is not involved in the eviction process.
It would be up to the council to determine whether showing proof that the eviction process has begun within 10 days of a citation would suffice for landlords to avoid fines, he said. Details of the enforcement process will likely be worked out on a case-by-case basis as the law is enacted, he added.
As written, the city would enforce the ban based on written complaints submitted with the division of business licenses. Complaints based on race or ethnicity would be discarded.
Landlords facing allegations would be required to submit immigration documents for their tenants. The city would forward the papers to the federal government for verification.
Still, landlords are the ones responsible for monitoring their properties and ensuring that they comply with the law, Epp said.
"There is no doubt that the policy direction taken by the council is going to require extra vigilance on the part of the landlords," Epp said.
Able and willing
Of course, not all Escondido landlords feel the ban is problematic or would hurt their business.
Jim Brabant actively lobbied the council to pass the ordinance, arguing that illegal immigration around the region has gotten out of control, and he is sick of the culture of lawlessness he feels it creates.
Brabant, who currently rents just one property in the city, but has owned up to three, said he would be happy to tighten his screening process, if that's what it takes to rid Escondido of illegal immigrants.
"Frankly, in years past, the thought never crossed my mind," Brabant said. "I've rented to several Mexican families, and couldn't tell you if you they were here legally or not. I never asked the question. But I'd be perfectly happy to do that now."
Avoiding legal troubles and allegations of discrimination, he said, simply depends on asking each and every prospective tenant for documents proving citizenship or legal residency. Federal fair housing laws dictate that questions about citizenship are fair game, so long as a landlord asks them of every applicant.
"It doesn't sound that complicated to me," Brabant said.
Kellman said he's not so sure, especially if the anticipated outcome of applying the law would disproportionately affect one particular ethnic or economic group.
And Brabant and other landlords who support the rental ban may have a change of heart when, one day, they receive a complaint from the city, only to find tenants have invited more residents ----- possibly illegal immigrants ---- onto the property and let them stay, according to Garrett.
"That person who tries their best (to enforce the law on their tenants) is going to be in the same position," Garrett said.
A changing landscape
Whether the ban has any immediate effect on the local rental business remains to be seen.
Many landlords said they don't believe much will change in the short term, but the long-term effects could create a significant shift in Escondido's housing market.
"It's not a real concern emotionally or practically," said Conrad Lubkay, whose property holdings include a five-unit complex on 15th Avenue. "They're going to be in court a hell of a long time with this thing."
Lubkay said he yet to see any repercussions at one of his other properties in Hazleton, Pa., which earlier this summer became the first of about eight towns nationwide to pass such legislation.
Hazleton is currently embroiled in a legal challenge, and has yet to enforce its law.
Civil rights groups, including the American Civil Liberties Union, have said they are preparing legal challenges to keep Escondido's law from being enforced.
Whether the law is upheld, there is almost certain to be some fallout from the ordinance, especially when it comes to people seeking housing in Escondido, landlords and property managers said.
Garrett said the law, which was touted by some council members as a way to reduce residential overcrowding, and reduce the number of poverty-stricken residents in the city could backfire.
Faced with a soft rental market, he said, landlords may well start seeking renters who receive Section 8 federal housing assistance, guaranteeing monthly rent checks for the owner, but adding more low-income families to the city's population.
As for Louise Connor, the landlord whose two prescreened tenants became a major headache, the answer is far simpler.
"I want nothing to do with Escondido, because landlords can't win," she said. "The minute the existing tenant moves out (of her single rental unit), that property will be sold."
Contact staff writer David Fried at (760) 740-5416 or dfried@nctimes.com.
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Sorry for Escondido wrote on Oct 22, 2006 5:40 AM:This entire situation has strained our city in so many ways. I feel bad for our City. How do we fix this?
Daren wrote on Oct 22, 2006 6:55 AM:You fix it by getting rid of all the criminal illegals. Simple.
Come on wrote on Oct 22, 2006 6:56 AM:Come on now let us get the rest of North County in on this rental ban. We don't needany more illegals moving into San Marcos , Vista, or Oceanside. If you are going to make the ordinance for one city make it for all.
Harry wrote on Oct 22, 2006 7:06 AM:Escondido has created a monster and made itself infamous across the nation for its intolerance and bigotry. It has become a pariah community, like Meridian Mississippi in "Mississippi Burning." Just imagine all the convention business that will boycott the new hotel; I certainly wouldn’t recommend or book any function in a city that goes on record for its hatred. Maybe you will attract the Minutemen and a few hate groups, but more and more mainstream companies, unions, church groups and progressive organizations will want to avoid the controversy and make sure that all their members and customers will feel comfortable. This is NOT just about “illegals”—this is about neighbors.
rafael wrote on Oct 22, 2006 7:34 AM: mexicans are the biggest majorty working in the filds of fruits of california america don't see that! I don't understand why alot of americans see all mexicans as criminals,
Dumb Lawyer wrote on Oct 22, 2006 7:44 AM:Why would a landlord file an unlawful detainer action when he could call the Border Patrol and have them pick up the illegal alien? The landlord will have documentatition in hand, from the federal government, proving that an illegal alien is residing there. Hourly calls to the Border Patrol, and his Congressman if that does not work, is where Mr. Garrett needs to focus his energy if found in violation of the ordinance!
Harry you're plan wrong wrote on Oct 22, 2006 8:57 AM:I believe just the opposite effect will come to be. There are several people I talk with that are currently residing in Arizona. When they heard what Escondido is doing they are seriously thinking of relocating here. They are so tired of all the illegal activity that is taking over their cities, counties and State. I think once Escondido gets the riff raff out the cream of the crop will start filling in the holes.
Molly and Jake wrote on Oct 22, 2006 9:08 AM:This law is going to make the landlords police. If the city is taking the position that they are "insulated from liability" in the eviction process is laughable. The city has created this monster, and now they leave it to property owners to enforce is the height of arrogance. We can understand the frustration about lax federal control of the borders, but to make the landlords responsible is not the solution. It will cost the city significant amounts of money (and that's our taxpayer dollars) to defend, and it begs the question of who wins? Well, the minutemen, and the three councilpeople who voted this absurdity into existence. It is about neighbors, and this "law" pits neighbor against neighbor.
Oh Please wrote on Oct 22, 2006 9:24 AM:This is not about hatred! It's about having illegal residents living in our country. What don't you understand about the word illegal? They don't have the right to be here unless they apply for citizenship legally.
Where Is The Lawsuit? wrote on Oct 22, 2006 9:42 AM:I thought the ACLU and the La Raza Lawyers Association already had the papers ready to file in court to stop the ordinance. What is holding up the lawsuit?
Dicrimination Based On Citizenship Status IS OK wrote on Oct 22, 2006 9:44 AM:The US Department of Housing and Urban Development (HUD) has stated that screening housing applicants on the basis citizenship status does not violate the Fair Housing Act at this link: http://www.hud.gov/offices/fheo/library/sept11.cfm
Kallman Surrenders to Reconquista wrote on Oct 22, 2006 9:49 AM:Kellman claims that applying the law would disproportionately affect one particular ethnic or economic group making it invalid. That is merely a surrender to Mexico's reconquista stategy.
HARRY'S RIGHT! wrote on Oct 22, 2006 10:22 AM:Yeah they lost a lot of $$$$ and all they are doing is making it worse on the tax payers just because they are racist.
Marie wrote on Oct 22, 2006 10:47 AM:To Harry: yes, it is about "illegals" ! The problems in our communities are due to ... "illegals". Putting our heads in the sand, as you seem wanting to do, will do nothing but make our country worse. It is late, but better late than never, to grab the situation and make sure all people living in our country (citizens and legal aliens) obey the law. We ought to have no room for all that is illegal (people and activities).
To Harry wrote on Oct 22, 2006 10:54 AM:What's hatred got to do with it? You don't even get it! Wake up Harry, your comments don't make sense! It IS about illegals sapping our country. The neighbors of landlords can help by reporting illegals living in rentals. It's not even sanitary and many Escondido residential areas look like trash! Is that what everyone wants? If the City doesn't make an effort to stop the ruin of Escondido, it will become one big trash bucket! And, I am not rascist, I hired 4 LEGAL Mexicans last week! COMPLETELY WITHOUT HATRED!!
Larry wrote on Oct 22, 2006 11:19 AM:Massive mind-blowing illegal migration across our southern border has turned into an invasion that Mexican activists refer to as RECONQUISTA (the take back of land once belonging to Mexico). U.S. citizenship, sovereignty and the rule of law hang in the balance while quisling U.S. politicians fume in Washington D.C. about dirty E-mails from a homosexual Congressman. This is the age of insanity.
disgusted wrote on Oct 22, 2006 11:23 AM:Yeah, sure ...let's make it county wide ordinance ... let's bring in all the landlords in all of San Diego county to regualte illegal immigration. Don't enhnace the eviction laws and immediately fine the landlord when illegals or found renting their homes or apartments. Good job ... you've curbed illegal immigration in your whole county ! Oh wait .... maybe not you say ? There's other laws regulating eviction and disposal of other people's property you say ? Well duh !!! ... What local politician doesn't know that ?! Only the dumb ones ! But hey ... didn't they do sometihng to curb illegals in their jurisdication....doesn't that warrant re-electing them ? Hell no !!! All they've don't is complicate the matter and screw the landlord out of the rent he could have gotten for 60 or 90 days. ... And what are y'all gonna do whenthose "illegals" just up and buy a house in your neighborhood ... then what ? Now they are home owners ...not renters. Good luck changing that law. This ill-conceived legislation just shuffles the problem off onto landlords ...who themselves are not regulated or trained to enforce immigration laws and you think you've accomplished something. What a bunch of narrow minds ... You all deserve what comes next ... and it won't be your fantasy of the quiet little white bread town where nothing bad happens. And in the end ...the only folks that win will be the lawyers ...as usual.
Jon B. wrote on Oct 22, 2006 11:42 AM:Problem soved shortly when the courts enforce and injunction and eventually throw the law out. You can thank the inept attorneys for the city
John wrote on Oct 22, 2006 11:48 AM:They should make it Constitunal law. And you wineing landlords,make your money the leagel way, ... ,ya wont be able to jack up the rent on some poor unsuspecting Mexican,Sometimes capitalist will sell ya the rope to hang them with,and they smile while ther doing it.
mellonhead wrote on Oct 22, 2006 12:05 PM:Patriots! We have to stand and shout we've had enough of this illegal alien coddling! All levels of government must work against the invasion. Do't be afraid! Do it!
SUPPORTIVE wrote on Oct 22, 2006 12:14 PM: i WOULD LIKE TO SEE THIS ORDINANCE IN MY CITY , WELL YES WHY NOT IN ALL CALIF. CITIES, i THINK MARIE WALDRON, SAM ABED AND ED GALLO ARE TRUE AMERICAN PATRIOTS AND THIS ODRINANCE IS HISTORIC AND WILL START A WAVE OF MUCH NEEDED CHANGE THROUGHOUT CALIF AND THE NATION . USA
M wrote on Oct 22, 2006 1:54 PM:I think the real value of Escondido's ordinance will ultimately be like many laws ..... deterrance. What is so wonderful is all the attention this ordinace is getting nationwide .... and the word is out to illegals .... avoid Escondido. I personally know of at least two families that are leaving town to avoid any problems ..... they are probably moving to National City! Case made.
mike wrote on Oct 22, 2006 2:05 PM:Rumor has it that Escondido is now considering a bill to fine food purveyors for providing food to illegals. Anyone found selling food to illegal aliens will be subject to fines. This bill will apply to grocery stores, food banks, street vendors - anyone providing food to an illegal alien.
Tony ... wrote on Oct 22, 2006 3:49 PM:Question: Would anyone stand up to this housing law if the illegals in Escondido were white and from europe? Don't bet on it. Sorry, but Steven R. Kellman, director of the Tenants Legal Center in San Diego is just so ... it makes me wonder how he ever got a job. EVERY tenant is required to fill out a credit check form. It's real simple: You print up NEW tenant rental agreement forms. Ths law is a no brainer: Just because "jose, rosita, maria, or juan" managed to illegally come into this country does NOT guarantee them a place to live nor a place to work. How many middle class workers that were BORN in the USA have to suffer the lack of decent housing, medical care (that they can afford) or increased taxes because of these freeloaders? Pro illegal alien "rights" groups and mexican nationalist's would have you believe "they work and pay taxes" but the truth is they are a virus, a vast plague that is sucking the life out of North County. The illegal alien "rights" groups have played their card, the "race" card. Fact: The first person to pull out the race card is nothing more than a closet racist. Note to do-gooders: There is NO such thing as civil rights when it is applied to illegal aliens since civil rights are handed out by the federal government and only apply to LEGAL citizens of the United States.
Landlord Profits wrote on Oct 22, 2006 3:50 PM:Illegal immigrants fear complaining about poor conditions and often are abused by their landlords. The advocates for the illegal immigrants are sometimes in league with some of their worst abusers. 45% of the Mission Park Study respondents said they spend more than 75% of their income on housing costs. 81% of the respondents said they spend more than 51% of their income on housing costs. It looks like the landlords are the biggest beneficiaries of illegal immigration! No wonder the landlords oppose the rental ban ordinance.
Roberto wrote on Oct 22, 2006 3:58 PM:When the Xenophobes came for the Mexicans, I remained silent; after all I was not a Mexican. When they locked up the Landlords, I remained silent; after all I was not a Landlord. When they came for the Labourers, I did not speak out; after all I was not a Labourers. When they came for me, there was no one left to speak out... the Xenophobes then turned on each other as they had no one else to blame. Moral of the story: Reform! not a bunch of un-enforceable laws that are clearly not going to work and cost $$$$. Didn't work in the fifties and It won't work now ...
Easy Eviction wrote on Oct 22, 2006 4:03 PM:The landlord can post a note saying "La Migra Viene" on the door (translation - The Border Patrol Is Coming). Unlikely that any illegal aliens will hang around for an unlawful detainer action.
To Harry wrote on Oct 22, 2006 5:06 PM:I don't WANT neighbors who steal shopping carts and leave them in front of apartments. I don't want neighbors who let their kids run wild late at night, tagging my walls and breaking into my car. I don't want neighbors who play loud music and disrupt our quiet neighborhood with their birthday parties. We don't want the ILLEGAL immigrants here.
Cash cow wrote on Oct 22, 2006 5:30 PM:Illegals pay in CASH more frequently than with checks. Landlords love the cash, and a group of people that are afraid to assert their rights as tenants are the best tenants to have. Change your business model and adapt to the new ordinances or face possible fines. Knowingly rent to illegals after checking name and social security number and you open yourself up to punishment. Too difficult for you? Sell your units in Escondido and invest in National City. There will be others willing to do whats right, while watching Escondido's property values increase. This is a step in the right direction. The problem didn't present itself overnight and wont't suddenly dissappear either. Escondido is doing the right thing. I moved from Escondido because of this issue over 15 years ago. Better late than never
Disgusted wrote on Oct 22, 2006 5:36 PM:Hey ! Harry ... if you think that illegals are stealing shopping carts and tagging your building, wake up and smell the coffee. I'd be willing to be most of those doing that ... are legal citizens. It's opinions of our community problems like this that create the pressure for ... city leaders to pass dumb ordinances. I find it hard to beleive anyone that risked their life to sneak across the border to get a job here would waste their time spray painting gang signs on our buildings. What are you gonna do when those problems are still here and the illegals are gone ? Whatever it is maybe you should do that now ? And if you think all the gang bangers are illegal, you best guess again home boy.
Freddy wrote on Oct 22, 2006 8:12 PM:The five unknowns evicted through the offices of the Sheriff. Did the Sheriff ascertain if they were legal residents of the USA? There is one of the roots of the problem, the authorities have not done the job that they are authorizied to do.
More 4 Cash Cow wrote on Oct 22, 2006 9:31 PM:According to the Mission Park Study, when asked, 'Do you or anyone in your family have a bank account?' 64% of the participants responded yes, and 36% responded NO! 80% of the dwelling units in the Mission Park area are rentals. That is huge cash-based underground economy. I find it hard to believe that all of that underground economy cash is making it onto the business tax returns of the landlords as income! Some dishonest landlords may be afraid that that their illegal alien cash cow will not be able to keep giving milk.
Peter wrote on Oct 24, 2006 3:34 PM:LOL. keep dreaming none of this will turn out out like you think or want. LOL. It will just give you a bigger headache. LOL LOL LOL LOL
Che wrote on Oct 24, 2006 5:49 PM:Ok, So lets help one legal hispanic buy a home. Then he and his familly can all live together legaly in their own home. He can then have as many familly members as he wants. As well as the value of ownership and make some money to help his familly.
Ruben wrote on Oct 24, 2006 7:43 PM:Yea go ahead and hate your neighbor! Enron was a disaster for thousands they destroyed many lives and they are white go figure!! Blame the illegals!! The Indians who trusted should blame illegals also. The black slaves blame illegals.
Treat Everyone Equally wrote on Oct 24, 2006 8:31 PM:Sounds easy enough but can't landlords send a letter to all their tenants requesting citizenship? This way everybody is treated equally and the issue of discrimination or unfairness is eliminated. For the problem of multiple families, enforce any code violations.
Robert E wrote on Oct 25, 2006 10:42 AM:I don't understand why such an important law was not VOTED by the people for the people. This law should have been a proposition passed to be voted upon by the people. If the people spoke and voted for this, the outcome would have been the peoples voice.
Patriot wrote on Oct 25, 2006 6:50 PM:rafael: You're either missing the point or have fallen for the distortions of the left in this country. This law has nothing to do with Americans hating Mexicans. It has to do with Americans getting fed up with the wanton disregard of our laws by people entering our country illegaly. Mexico has immigration laws as well and they're more severe than the USA's. By Americans I mean Americans of all descents which includes many of Mexican descent. We would feel no different if the illegals were Chinese, Rumanian, or Irish. I happen to like most Mexicans I've met legal or not. This doesn't mean I support them knowingly breaking our laws. You shouldn't view this as hatred or discrimination - just a country trying to enforce its laws.
your wrong wrote on Oct 25, 2006 10:07 PM:all emegrant people legal or illigal who live in Escondido are going to stay here even if you try to enforce this law.and you don't know that alot of people are going to get rich from lawsuit they are going to make against landlords.beouse constitution protecs the rights of legal or elligal people,the point is that this law is anticonstitutional. you can,t enforce alaw breaking the law. so keep dreaming guys.
to Treat Everyone Equally wrote on Oct 26, 2006 8:41 AM:yes that would be the solution, but their are to many racist people who will only call and complain when they have a family of mexicans move in next door or only ask for proof of residnets from the mexicans.
Rubem wrote on Oct 30, 2006 8:20 PM:Breaking treaties with Indians was legal, Black slavery was legal, Indian massacres were legal. Putting Japanese in camps WW2 legal. Not letting blacks to shop or eat or ride legal? Are we talking about another legal law?
Steve wrote on Nov 5, 2006 10:08 AM:I don't see any racism about the rental ordinance and I don't feel it's any big deal. If you apply for a job, you need to show documents of your legal status. I haven't heard of any racial complaints there. The same thing will apply to rentals where one must show documentation of legal status. This applies to all renters, not just one single race. Where does racism come in? Is it racist to have your credit checked? Incidently, it's illegal to buy property in Mexico unless you're a Mexican citizen. All others can only lease. Is this any different? Do U.S. citizens cry "Racism"? No. This is Mexico's way of business. We can all respect that, and we should. It's their law. My suggestion is, get legal. Get a worker's visa and don't worry about it.
scott wrote on Nov 6, 2006 2:08 PM: why would you put the man's picture on the internet and amke copies available? do you wish harm to this man for his honesty? If so , shhame on you!
men wrote on Dec 5, 2006 11:19 PM:We should all go back to high school, and remember history class, california, was mexico, mexicans didnt jump the border, the border jumped us. Also, the real americans are the Native americans this is their land, so all them people saying their americans their not, because their ancerstors were imigrants to, and as we know in life when one dies and has a bedt to pay, who pays it their family, so when everyones ancestors die, we pay their debt, which were all immigrants, the true americans are the NATIVE AMERICANS, this is their land, we are all immigrants, and if u dont believe me go back to history class, if your truly American you should know your history.
Louiseville wrote on Aug 21, 2008 6:36 PM:Unfortunately, there are two very complex sides to the story. In fact many Mexicans reside in the country illegally, however it is mainly because Mexico has one of the most corrupt governments in the world. Mexico is ruled by a minuet .05% of the population who are typically the ones with European descendence. The Mexican government is to blame for all the illegal immigration from Mexico to the U.S. I am tired of everyone bashing the poor immigrants, who can't stand up and defend their human rights' that ordinances like the one proposed by this city often violate. The Mexican government keeps 99% of the population ignorant and illiterate so that they won't have the skills and tools to succesfully organize, revolt, and overthrow the government. Ironically, as I mentioned before the government is composed of mostly White men, who head an entire country on the false ideal of white supremacy. A direct result of this idea is Mexico's poverty rate: 40% of the population and "A Land of the Free" teeming with "illegal immigrants" and discontent "legal" Americans. There are enough resources to go around for every human, however, once one becomes greedy everything changes!
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