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.