Illegal immigrants as tenants

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I have an applicant for a property in Anchorage, Alaska that is wanting to sign a lease for a family member that is an illegal immigrant. The individual wanting to sign the lease is unable to provide a completed application for the would be adult tenant. I've never encountered this and don't really know if I can legally or even should rent to someone, knowing that an illegal immigrant will be residing in the property. Any advice!?

I wouldn't just because it is not a complete application. Def wouldn't let someone else fill out the application for the individual who would be living there. I suggest you deny and keep looking.

I've helped clients with no legal status in the US. There are property managers that require a US issued photo ID, others don't care as long as they provide a form of identification (Ex: passport from their country) and prove their income. I guess it comes down to your own personal preference. 

@Philip Bennett   In Texas, this is extremely common.  Of course in Texas 42% of undocumented immigrants are living in owner occupied homes.  We often lead the country in building permits and more than half of our construction workers are not in the country legally.

A tenants immigration status is not really any of a landlords business. Oklahoma has some law about prohibiting knowingly renting to an illegal immigrant but the operative word in there is knowingly - they cannot compel you to make that enquiry in the first place. 

Originally posted by @Chris S. :

I wouldn't just because it is not a complete application. Def wouldn't let someone else fill out the application for the individual who would be living there. I suggest you deny and keep looking.

 I'd be very careful about doing that. You may find such a policy disproportionately adversely affects a protected class.

@Ihe O.   I am not sure how you would do it.  As I mentioned before, you cannot require a social security number.

Originally posted by @Michael Biggs :

@Ihe O.   I am not sure how you would do it.  As I mentioned before, you cannot require a social security number.

I happen to believe thats something else that is none of a landlords business anyway.  

I may not have worded it well or understood the initial statement. from my understanding he was saying someone was filling out an application in their name, so an illegal immigrant could live there, but not actually the person filling out the application. Or am I totally reading the wrong? If I'm not then I don't see how that could be taken as discrimination. 

Not trying to refute your claim, just better understand. 

@Philip Bennett. At least from a Texas standpoint - you could do whatever you desire.
First, being an "illegal immigrant" is not a "protected class". So, you are not discriminating against any of the "protected classes" - race, creed, familial status, etc.
Second, you have someone who cannot provide you with an acceptable completed application.
Third, the Texas Association of REALTORS Standard Application has a block for SSAN - you need that to accurately identify the person you are credit screening.
If you own the property, you can "NOT ACCEPT" the applicant without fear of retribution.

512-633-3853
Originally posted by @Philip Bennett :
I have an applicant for a property in Anchorage, Alaska that is wanting to sign a lease for a family member that is an illegal immigrant. The individual wanting to sign the lease is unable to provide a completed application for the would be adult tenant. I've never encountered this and don't really know if I can legally or even should rent to someone, knowing that an illegal immigrant will be residing in the property. Any advice!?

If someone can't provide you a completed application, that should be enough grounds for rejection... No?  What difference does it make if the person is here legally or illegally?  As a landlord, don't involve yourself in politics, and certainly don't do anything that will violate fair housing laws.  You rejecting someone based on legal status can easily be extrapolated into racial profiling, if the person's race is part of the equation here..

With the people that say you cannot ask for a SSN in their area?

I understand you can have them fill out the application through some other entity for screening purposes (but they would still need a soc) in regards to credit. or do you not run credit checks on anyone?

If you have to evict and are awarded a judgement how do you place that on their credit or send it to collections?

Just curious on the ways around it.

Mike Cumbie, Real Estate Agent in NY (#10401285310)

First question is do they meet your screening criteria aside from being illegal. Obviously not based on incomplete application, proof of income or employment, credit report etc. Assuming of course that you have a screening criteria. 

The fact that they are illegal is irrelevant given they should not qualify for numerous other reasons.

"Protected Class"????  What???  Is that some liberal catch-phrase?  How does that even apply here?  From what has been provided, there is an inability to complete an application.  Enough said!

BTW, kuddos to @Chinmay J and @Jim Cummings for giving sound and complete advice based on law instead of politics.

This is a common situation in Miami and 25% of my tenants are not legal residents.  I found them easy to deal with since they dont want to encounter any legal issues. 

 @John Kunick :

This has been discussed  at length in many other threads but I will go over it one more time.  Many people in the United States legally do not qualify for Social Security cards.  Yes many of them are in protected classes.  Many are also highly educated and would be more than happy to train you on the law.

Originally posted by @Vanesa Gonzalez :

This is a common situation in Miami and 25% of my tenants are not legal residents.  I found them easy to deal with since they dont want to encounter any legal issues. 

That's a perfect segue into being a slumlord. Not assuming you are one, BTW.  

I want my tenants to have a voice, whether they are here legally or not, if they have a legit concerns. If the AC breaks I want them to contact me, and not be scared of upsetting me because of their legal, or lack of legal, status.  Also, last thing I want them doing is trying to fix it themselves, what I should be fixing. This makes sure that the property is taken care of properly and worked on by licensed people. 

Also, who says you can't be sued for negligence. At least civil courts in Virginia don't check your legal status when bringing in civil suit. So an illegal alien can very well sue a landlord, if they want to. 

You can always squash the nuisance issues like a bug, by telling them who runs the show. 

@John Kunick :  FAR from a 'liberal catch-phrase' and ubiquitous in real estate, nationwide, including your own jurisdiction: 

Oklahoma Fair Housing Law
The Oklahoma Fair Housing Law (Title 25, article 4A, Section 1451 through article 5, Section 1508) prohibits discrimination in the rental, sales, financing, appraisal, insurance of housing and other housing-related transactions based on the following categories or "protected classes" including race, color, national origin, religion, sex, familial status (including children under the age of 18 living with parents or legal custodians, pregnant women, and people securing custody of children under the age of 18), and handicap (disability). The Oklahoma Fair Housing Law also has "Age" as a "protected class". The Oklahoma Office of the Attorney General is the state agency empowered to enforce the Oklahoma Fair Housing Law through it's Office of Civil Rights Enforcement. To file a complaint under the state fair housing law, call XXXXXXXXX, send an email to XXXXXXXXXXXXXX or download a housing discrimination complaint form at www.orec.ok.gov.
Originally posted by @John Kunick :

"Protected Class"????  What???  Is that some liberal catch-phrase?  How does that even apply here?  From what has been provided, there is an inability to complete an application.  Enough said!

If you google the phrase "indirect discrimination" you will be better equipped to follow the discussion without the need for so many question marks.

Also if you  decree that an application was rejected for incompleteness then you better make sure you haven't accepted one in the past or will accept one in the future from an applicant you deem(ed) to be more desirable.

FYI, You should be aware that it is a federal crime to knowingly harbor an illegal immigrant, pursuant to 8 USC title 1324 (A)(III)

"Any person who - knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;"

So you rent to an illegal alien , and they dont pay  the rent and trash the place .  What recourse do you have .  Sue them ?  they just get a different ID 

Originally posted by @Mike White :

FYI, You should be aware that it is a federal crime to knowingly harbor an illegal immigrant, pursuant to 8 USC title 1324 (A)(III)

"Any person who - knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, conceals, harbors, or shields from detection, or attempts to conceal, harbor, or shield from detection, such alien in any place, including any building or any means of transportation;"

Again the operative word is knowingly. It does not make it a landlords business to know.

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