Escondido rental law raises questions about discrimination
By: EDWARD SIFUENTES - Staff Writer | ∞
If Escondido's new rental law overcomes legal hurdles and goes into effect, it could put landlords in the tenuous position of violating the city law or violating state and federal fair housing laws, critics say.
The law would bar landlords from renting to illegal immigrants. Those who violate the law could face fines and have their business license suspended. A memorandum issued by City Manager Clay Phillips on Nov. 10 recommended that landlords verify each applicant's legal status before leasing to avoid a potential violation of the city's law.
But fair housing advocates say landlords have to be careful in how they conduct immigration checks or they could run afoul of federal law.
Escondido's rental law was challenged in federal court by civil rights groups, including the American Civil Liberties Union and the Mexican American Legal Defense Fund. The groups say the law is unconstitutional, discriminatory and inhumane. A judge placed a temporary hold on the law last week.
The federal Fair Housing Act prohibits discrimination by landlords due to an applicant's race, color, religion, sex, national origin, disability and familial status, said Chantae Goodloe, spokeswoman for the Department of Housing and Urban Development. The law applies to all people seeking housing regardless of immigration status, she said.
Federal regulations say landlords may ask about immigration status, but to do so legally, they have to ask the question of all applicants.
"If you are going to ask, you have to ask everyone," Goodloe said.
Advocates say the law is likely to result in closer scrutiny of Latinos and discrimination against Latino applicants.
"It encourages landlords and residents in the city of Escondido to identify and file complaints against individuals they believe to be illegal immigrants, which will undoubtedly lead to discrimination against tenants based on race, color or national origin," said Kristina Campbell, an attorney with the Mexican American Legal Defense Fund.
Supporters of the law, including three of the five City Council members, said the law aims to eliminate overcrowding in Escondido apartments. They say thousands of illegal immigrants in the city contribute to a deteriorating quality of life for residents.
Phillips said in his memorandum to city staff that landlords are encouraged to screen all applicants to avoid discrimination against any particular group.
However, the city's concern will be enforcing the law, not worrying about whether individual landlords are discriminating against a group of people, he said in an interview last week.
"There are a lot of strict guidelines with regard to fair housing, and if someone feels they weren't treated fairly, they should follow up with the appropriate authorities," Phillips said.
The federal fair housing law is not clear cut. Even if landlords ask all applicants their immigration status, the screening could still violate the federal law, said David Kline, an enforcement specialist with the Fair Housing Council of San Diego. The council is part of a coalition suing Escondido.
"If a landlord uses a screening process based upon immigration status, and if that screening process effectively eliminates people of one nationality from the pool of applicants, then that screening process may generally be held unlawful," Kline said.
Goodloe, with the department of Housing of Urban Development, disagreed with Kline's interpretation. She said it is not a violation as long as all the requirements are equal for all applicants.
There are an estimated 12 million illegal immigrants in the United States, according to a study by the Pew Hispanic Center released in March. More than half, about 6.2 million illegal immigrants, came from Mexico, according to the study.
The U.S. Census Bureau estimates that there were about 26.7 million people of Mexican descent living in the country in 2005.
Gerardo Gonzalez, former director of the National Latino Research Center at Cal State San Marcos, pointed to studies that found a higher incidence of housing discrimination aimed at Latinos and blacks compared to whites.
A 2002 study by the Department of Housing and Urban Development reported that when blacks and Latinos visit rental offices, they had a "significant risk of receiving less favorable information and treatment than comparable white customers."
Black customers were given unfavorable treatment at 21 percent of their inquiries, including telling the customer that the unit had already been rented. One in four Latinos received unfavorable treatment, according to the study.
Gonzalez said that adding Escondido's rental law to the mix is likely to result in higher incidence of discrimination toward Latinos.
Discrimination "is still a reality, apart from the ordinance. That's what the study says," Gonzalez said. "The ordinance will put other obstacles and barriers."
Staff writer David Fried contributed to this story. Contact staff writer Edward Sifuentes at (760) 740-3511 or esifuentes@nctimes.com. Comment at nctimes.com.
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US Citizen wrote on Nov 18, 2006 9:39 PM:According to the article "The federal Fair Housing Act prohibits discrimination by landlords due to an applicant's race, color, religion, sex, national origin, disability and familial status". Now who's playing the race card? We're talking about ILLEGAL status? Any ILLEGAL. Why is it that when people want to break our laws and are held accountable, the first thing they do is yell discrimination.
do it with a form: wrote on Nov 19, 2006 1:15 AM: It is a simple thing to have all applicants check off questions on a form and then give the necessary information. The county does it, the state does it, and the feds do it. Are you a citizen of the United States? List your Social Security number, etc. It would seem to me that would be easy enough for anybody. There are probably HUD forms that can be followed. Put HUD to work for you, let them show you how to do it right. You are citizens of this country and deserve their help. Who ever wrote the above article has slanted it. Using a form is about the only way the landlords can get around that old adage, "If it looks like a duck, and if it quacks like a duck - ." To my Hispanic fellow citizens I am very sorry that you are going through these trying times. Please remember that the root cause took place when the illegal alien crossed the border, and even back when V. Fox and gang really caused it all by their treatment of Mexico's poor. and I would say to you stand up for your rights as United States citizens.
Simple Simon wrote on Nov 19, 2006 4:43 AM:What is so difficult about asking the same set of questions to every prospective tenant?????????? I don't get it. Why should this be such an obstacle? Put laws in place and then follow them equally. Why would any sane, thinking person want to willingly play into the self-serving and confused and mis-guided hands of the ACLU?
RWC wrote on Nov 19, 2006 6:43 AM:Discrimination? What a joke! Since minorities have been favored, reverse discrimination has been the rule. If you brown, yellow, red, black, or female you get the breaks whether it be college, medical, jobs, etc. If you are white, you have to make it the hard way on your own. Equality would have us all do it on our own. The best man or women wins. No so anymore!
Todd wrote on Nov 19, 2006 7:11 AM:Of course David Fried contributed to this story. I agree with "do it with a form",It's so simple that I'm questioning the competence of our city officials. Let me guess, the Federal judge who blocked the ordinance is the same one who blocked proposition 83.There's your problem!!
Cal wrote on Nov 19, 2006 7:49 AM:Everyone needs fight for our country against any type of invasion. If we do not enforce our boundaries on a city,state,country level then we will have no personal security including financial (home values). The US is at war, a demographic war so quiet the guards have not even awakened. These federal housing laws need to be eliminated anyway, they discriminate against the majority. Sounds funny but these laws are essentially the same as what the King imposed on William Wallace's country (Braveheart) and is designed to humiliate and weaken the majority.
To do it with a form wrote on Nov 19, 2006 7:57 AM:I agree. As long as there is a disclaimer that fraud is a crime and carries stiff penalties. Illegals should be even more hesitant because it would be on there record if caught and they would have a harder time in their application for citizenship.
Bunch of Baloney wrote on Nov 19, 2006 8:06 AM:U.S. employers are required to check immigration status all the time and they are exposed to charges of discrimination at all times. Escondido's new law requires the same of landlords. Employers still hire employees and legal prospective tennants will still rent housing. The whole argument that this new law will be detramental to prospective tennants, the LEGAL ones, is baloney.
I've Had It wrote on Nov 19, 2006 8:52 AM:I'm getting tired of all this discussion. Illegal is illegal. For those who say we can't enforce these types of laws, or say these laws are racist, what should we do, then? I'm waiting for an answer. We have to start somewhere, people. It won't be pretty, but it has to be done. The only alternative is to throw our hands up in the air and give up. It's your choice.
HUD to Kline - YOU ARE WRONG! wrote on Nov 19, 2006 9:02 AM:Buried in this article is a kernal of truth. Goodloe of HUD 'disagreed with Kline's interpretation. She said it is not a violation as long as all the requirements are equal for all applicants.' The ACLU should sue HUD! Discrimination based on citizenship status IS LEGAL!!!!
Pete N wrote on Nov 19, 2006 9:03 AM:Sorry, Minutemen, I guess your minute is up. Pack up your confederate flags, your bull horns & your brain washed wives & go protest somewhere else. I know, why don't you attack the homeless folks who beg for money at the intersections? I'm sure you can make some progress there.
MEXICANOS not LATINOS wrote on Nov 19, 2006 9:52 AM:Gerardo Gonzalez, former director of the National Latino Research Center at Cal State San Marcos, has some nerb to talk about discrimination just exactly whay is his research center targeting so called Latinos for the child study center? By the way it is MEXICANS not LATINOS!!!!
What is good for the geese is good for the gander. wrote on Nov 19, 2006 9:58 AM:Goodloe is correct “it is not a violation as long as all the requirements are equal for all applicants.” Why is this so complicated by the illegal advocates to understand? It is no gray area; the federal government requires legal residency and strict screening for their applicants of low income housing.
stick to the issues no racism here wrote on Nov 19, 2006 10:10 AM:David Kline is talking with both sides of his mouth the federal law is perfectly clear. If we have to go through screening to either buy or rent a house so do they!!!! He should focus on the living conditions, the vermin, lead, overcrowding, rotten moldy apartments, bad electrical wiring, gas leaks, too many pedophiles are magnetically attracted and go undetected in the barrios, prostitution, sell of illegal substance and weapons in local joints, etc…. ACLU and David Kline what is your Fair Housing Council of San Diego? What are you doing about the millions and millions of dollars in welfare fraud?
to-HUD to Kline wrote on Nov 19, 2006 10:12 AM:Haaah, so what did you say? Please re-read the article.
EthnicStudent wrote on Nov 19, 2006 10:54 AM:If a landlord has to ask EVERYONE about their immigration status, then DO IT! Those who are proud to be legal residents and citizens will have no problem doing this.
carl wrote on Nov 19, 2006 11:21 AM:Typical Sifuentes story... talk to three open borders advocates, then write up their talking points and call it a story. Hey Ed! Real reporting of controversial stories involves talking to both sides of the issue and fairly representing their postitions. Parroting the ranting of one side isn't reporting, it's agenda pandering.
to us Citizen wrote on Nov 19, 2006 2:57 PM:because there is NO excuse for sneaking into our country illegally. They have to yell something and discrimination and racism is easiest to yell. Most people are NOT racist in this day and age, but they think it works. You are right. They are ILLEGAL ALIENS and should be deported. I personally don't think anyone found in this country illegally should ever be allowed to enter it Legally. I bet they would all run home before they got caught and try to come in Legally if that was the case.
Think!! wrote on Nov 19, 2006 4:08 PM:The Escondido landlord ordinance will not solve the problem of immigration. Unless you are planning to couple it with genocide or gestapo tactics. Which the costs will be astronomical. The undocumenteds from all over the world represent 10% of our american workforce. What we need is comprehensive reform and more worker's visa. If only the people in north county were educated to understand this.
laws wrote on Nov 19, 2006 4:15 PM:When you highlight that its ILLEGAL, you like to pretend that you are simply enforcing the law. Removing 12 million people and not knowing where they are is rather difficult. If somebody goes 75 mph on a 65 mph part of I-15, how come you dont call highway patrol and report this great danger to all? Lives are at risk. Probably because it happens so much. How come you didnt protest 10 years ago. It is because of 9/11 and Bush fueling the division in America.
Samuel wrote on Nov 19, 2006 4:15 PM:I don't think this is discrimination to ask someone their legal status. Many employment applications ask about your legal to work in the US status. If this is discrimination, then wouldn't the Crime Free Multi-Housing Pact illgal to do as well. Wouldn't that be discrimination against Escondido's fine upstanding criminals. I would not care if I am asked if I am legal to be in this Country. At least that would show me that the Landlord is doing what they are suppose to be doing. Where in the Constitution does it permit people who are here illegally to be put in front of ACTUAL CITIZENS of this country, and why is it inhumane. So it is Humane for Mexico to treat their people like trash, but when we(Americans)say you are here illegally and we don't want you here, thats inhumane. Does anyone understand that, and if so, please explain it to me. i'm curious to hear what you have to say. Now, isn't the ACLU and the Mexican American Legal Defense Fund bein discriminatory. They are only fighting for the Mexicans. There are Illegals from all races here.
How about peace for 2 days wrote on Nov 19, 2006 5:49 PM: I would love to see both the ACLU and their radicals along with the Minutemen come together for the holidays and serve a good thanksgiving and X-Mas meal to the illegal aliens. We should have peace in the North County for 2 days.
HEADACHE wrote on Nov 19, 2006 7:45 PM:Hey you I just get headaches when reading these comments..all are silly and senseless
El Jefe wrote on Nov 19, 2006 8:33 PM:Goodness folks this isn't rocket science! When I was younger & had to rent an apt. I always encountered a credit app'l & the landlord or property manager expected a prospective tenant to fill it out. There was a place for a Driver License & to check credit worthiness one was asked for a Social Security Number & a credit report was ordered. What does the phone company or SDG & E ask for? They want to make sure they get paid & want a history on the prospective client. I sell insurance and all insurance companies ask for a driver license & social security number & if the client does not have it they are automatically steered into a Specialty Program for foreign drivers whose records we cannot veryify compared to preferred drivers who don't hesitate to provide the basic information required. How is any of this unfairly discriminatory? Its good business! Simply ask the same quesions of everyone.
Idea wrote on Nov 20, 2006 12:45 PM:If the problem is overcrowding, then all we need to do is pass an ordenance restricting the number of tenants per square feet to an apartment/house. This wouldn't descriminate & would actually promote a healthy & safe environment for every one.
Al wrote on Nov 21, 2006 7:04 AM:The biggest racists are the Hispanics. Waving Mexican flags on A Day Without an (ILLegal) Alien, Hispanic bumper stuckers everywhere, store names in Spanish, speaking Spanish in every public venue, being arrogant about stealing public services while being an ILLEGAL resident and so forth.
Buena Idea wrote on Nov 22, 2006 4:11 PM:Let's not give the illegal aliens a victory by spending millions on a court battle that we're destined to lose. Instead, let's spend that money on code enforcement. The truth is, illegal or not, you shouldn't park your car on the lawn or pack 7 people to a room (this goes for you country bumpkins too!)
Roberto wrote on Nov 22, 2006 5:20 PM:Buena Idea wrote on November 22, 2006 4:11 PM REPLY: The xenophobes have not evolved to this oint yet.
So Cal Native wrote on Nov 22, 2006 11:23 PM:AL- U R such a CHICK! Drop in and surf for once. Oh yeah, your a transplant!
Jimbo to "laws" wrote on Nov 23, 2006 11:44 AM:You make absolutely no point. Comparing a car speeding on I-15 to millions of people illegally entering a sovereign nation is about as absurd and desperate to make a point as I have ever heard. Why didn't people protest as much 10 years ago? because the problem wasn't as obvious and out of hand as it is now. Also, 10 years ago illegals would keep to themselves and be happy that they are here and not in a land where they have been mistreated by their OWN people (but Americans wanting to protect America are racists, right?). Tolerance of the illegals has been on the decline since they have demanded that our government pardon them. They have broken a law related to the sovereignty of our nation, and while many are here to better themselves, many also become dependent on tax paying citizens for their welfare (don't try and deny it, it's true. We all know it). Due to this, Americans have become fed up with it. How long can we possibly sustain an increase in dependents? This concept holds a little more weight than reasonably surpassing the speed limit. Of course, this is left up to opinion, and I am fairly certain that most Americans feel similar to me.
Wrong ordinance wrote on Nov 24, 2006 7:20 AM:I would absolutely support an ordinance that restricted parking cars on the lawn of residences and that limited the number of unrelated adults living in a single residence; I would support vigorous enforcement of motor vehicle laws and laws that are designed to protect the enviornment from camping along creeks and in parks and creating health hazards by lack of sanitation. I support laws regarding noise and behavior that effect the peace and dignity of our communities. I support the deporation of undocumented persons arrested for any crime (including identity theft, driving without a liscence or insurance), applying for any public welfare benefit without a sponsor to assume liability. I think valid identification should be required for all legal transactions. I do not support a law that targets landlords more than employers and that would create more homelessness and more illegal camping within our cities.
Born/Raised in San Diego wrote on Nov 24, 2006 4:48 PM:Recently I returned to San Diego to help out with a sick member of my family. I see from the comments posted San Diego has not evolved much as a community. When I moved away 13 years ago, San Diego was in denial about accepting this growing population and the pitfalls of sweeping the problem under the rug. When are you going to wake up and smell the coffee? No matter how hard you wish these people would go back, THEY ARE HERE TO STAY. P.S. It takes the same energy to come up with solution as it does to whine about what makes you uncomfortable.
marsella wrote on Nov 24, 2006 9:47 PM:i think this whole esco. rental band has just totally brought out the racist in everyone! and thats sad, that all the "good americans" think like that.
To : How about peace for 2 days wrote on Nov 24, 2006 10:48 PM:RE : ACLU and their radicals along with the Minutemen come together for the holidays >>> Duh ... haven't you heard; The ACLU says Christmas and the Holidays are unconstitutional and they want them stopped. Just send a Christmas card to your favorite ACLU staffers instead.
Skip wrote on Nov 24, 2006 10:50 PM:There is that word again. It has been over a week since I have seen it. XENOPHOBE! XENOPHOBE! XENOPHOBE!
Roberto wrote on Nov 25, 2006 6:43 AM:The democrats won and comprehensive immigration reform will take place regardless of what the Xenophobes and racist worthless railing does. Get a life, forget about the mexicans skippy.
Bilbray supports Escondido rental ban wrote on Nov 25, 2006 11:38 AM:http://www.house.gov/list/speech/ca50_bilbray/in_061029.html
Skip wrote on Nov 25, 2006 12:06 PM:The democrats do not have the backbone to touch Illegal Immigration before the 2008 Elections. Mark my words.
Adam wrote on Nov 25, 2006 12:09 PM:Our government saying that there is no Civil War in Iraq, can be compared to Kennedy and McCain saying that their Comprehensive Immigration Reform is not Amnesty. They are all liars! Another 5o civilians killed in Iraq today, and another 6,000 illegal Aliens snuck over our unguarded boreders again last night. We need to get our troops out of Iraq and put them on our Southern Border where they will do some good. And as of today it is still safer to be on U.S. Soil on our side of the Southern Border. But not by much!
Gary in Murrieta wrote on Nov 25, 2006 4:34 PM:This may not be pretty, but American citizens, must do all they can to protect our country's sovereignty. Whether we have a legal system or not, the illegals will keep coming and coming. We must take a stand now. I am so surprised that all of the open border activists act like we have unlimited resources, and room to take in all of the world's poor and destitute. Unless they really mean only to take in more and more Mexicans. If we did have a quota of say 300,000 Mexican Immigrants a year what is to stop the millions and millions of people who did not qualify, from coming anyways. Our country needs to be strict, enforce our laws and build those barriers. It does not look good folks. The last option is to fix their countries for them, but look what is happening as we fix Iraq.
Ingrid wrote on Nov 25, 2006 5:05 PM:A racist is a person who refuses giving away race-based handouts to disadvantaged population that, by and large, lacks the genetic hereditary background necessary to compete in a success-driven, merit-based society
To : Born/Raised in San Diego wrote on Nov 25, 2006 5:14 PM:Why should San Diagans just roll over and accept this "growing population" as you put it. Our infrastructure, schools and hospitals are being severely strained. Crime, disease, and social mayhem is back on the rise. This growing population that seeks across our borders every night has never contributed to, or paid their dues to be a citizen here. Taxpayers and U.S. Citizens are fed up. Please; when you go back to where ever you live now, please take and sponsor some Illegal Aliens with you, because we have more than enough here.
To Roberto wrote on Nov 25, 2006 5:51 PM:On January 9, 2004, President Bush proposed a guest worker program - a thinly veiled amnesty for illegal aliens. A February 2004, Fox News article subsequently stated that from 50 percent to 90 percent of illegal aliens apprehended claimed they were coming here for the "amnesty" (their words). One Border Patrol officer stated that "They believe that they are only responding to an invitation." Shortly thereafter, the Border Patrol was ordered not to collect this information. Word of the amnesty had spread far beyond Mexico. Apprehensions included Nicaraguans, Brazilians, Venezuelans, Ecuadorians, Chileans, Chinese, Pakistanis, and East Indians.
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