The Escondido City Council’s vote Oct. 18, banning landlords from renting to illegal immigrants, seems to be raising more questions than answers.
“The ordinance, as currently written, is putting landlords in a lose-lose situation, asking them to violate some federal and state laws, in order to comply with the local one,” said Michelle Miller, public affairs manager for the 2,800-member San Diego County Apartment Association.
Council members voting in favor of the ordinance were Sam Abed, Marie Waldron and Ed Gallo, while those opposing the measure were Mayor Lori Holt Pfeiler and Councilman Ron Newman.
With the vote, Escondido has become the largest city in the nation, and one of six, to have passed such a law.
The Escondido ordinance is scheduled to take effect Nov. 18.
Any official, business or resident of the city may issue a complaint, as long as it’s not solely based on national origin, ethnicity or race. The city then would verify with the federal government the immigration status of the parties named in the complaint.
If a violation has been confirmed, the landlord would have 10 business days to take action, including submitting to the city a sworn affidavit naming the “illegal aliens.” The city then would forward the information to the appropriate state or federal agency.
Property owners who violate the new law would risk suspension of their business licenses, and be prohibited from collecting rents from any tenant in that particular dwelling unit.
While the apartment association hasn’t taken a position on illegal immigration, said Miller, “they will have trouble complying with this ordinance, and will be punished if they are unable to do so.”
The SDCAA is holding off on any action, pending advice from its lawyers, said Miller.
“We are advising our members not to rush to any action, and don’t begin evicting anybody until we know legally where we stand,” she said.
Meanwhile, the American Civil Liberties Union, San Diego & Imperial Counties, is intending to file a lawsuit and request an injunction within the next 30 days to keep the ordinance from taking effect.
The ACLU is serving as co-counsel with the Mexican American Legal Defense and Education Fund in Los Angeles, according to Kevin Keenan, ACLU executive director. At this point, there are no settlement negotiations in the works, he added.
The ACLU would be pursuing the case on constitutional grounds, arguing that local governments aren’t authorized to regulate immigration policy. The ordinance also would lead to racial profiling, said Keenan.
