California Housing Law - Citizenship Checks Not Listed As Discrimination

According to an article by the San Francisco Apartment Association, illegal aliens are not protected class under California Housing Law. The article has some brief comments about the differences between the Federal law and California law.
http://www.sfaa.org/magazine/archives/06/apr/0604.snitow.html

California law has an additional prohibition against discrimination based on "ancestry". In California, it should not matter who are your parents or grandparents. The article gives the example of Osama Bin Laden's granddaughter. She cannot be denied housing based on that fact.

Otherwise, the California law seems similar to the US law:
Govt. Code
12921. (a) The opportunity to seek, obtain and hold employment
without discrimination because of race, religious creed, color,
national origin, ancestry, physical disability, mental disability,
medical condition, marital status, sex, age, or sexual orientation is
hereby recognized as and declared to be a civil right.
(b) The opportunity to seek, obtain, and hold housing without
discrimination because of race, color, religion, sex, sexual
orientation, marital status, national origin, ancestry, familial
status, disability, or any other basis prohibited by Section 51 of
the Civil Code is hereby recognized as and declared to be a civil
right.
Govt Code
12955. It shall be unlawful:
(a) For the owner of any housing accommodation to discriminate
against or harass any person because of the race, color, religion,
sex, sexual orientation, marital status, national origin, ancestry,
familial status, source of income, or disability of that person.

http://www.leginfo.ca.gov/calaw.html

Although California law has more prohibitions, discrimination based on citizenship is not one of the added prohibitions. Also, note that the employment provision has similar discrimination prohibitions.

Some have asserted that discrimination based on Citizenship is covered by the Unruh Civil Rights Action Section 51 (CA Civil Code 51).

I reproduce that section here:
51. (a) This section shall be known, and may be cited, as the Unruh
Civil Rights Act.
(b) All persons within the jurisdiction of this state are free and
equal, and no matter what their sex, race, color, religion,
ancestry, national origin, disability, medical condition, marital
status, or sexual orientation are entitled to the full and equal
accommodations, advantages, facilities, privileges, or services in
all business establishments of every kind whatsoever.

Again, the prohibition is for discrimination based on ancestry and national origin. No mention of discrimination based on citizenship.

In conclusion, California law is more stringent, but citizenship is not a prohibited class.

HUD - Citizenship Check NOT Federal Housing Discrimination

The US Department of Housing and Urban Development has stated that screening housing applicants on the basis citizenship status does not violate the Fair Housing Act (42 USC 3601+).

Below I have copied the relevant text from the HUD web site:

http://www.hud.gov/offices/fheo/
library/sept11.cfm

U.S. Department of Housing and Urban Development
Fair Housing and Equal Opportunity

Response to concerns about housing security following September 11, 2001

Rights and Responsibilities of Landlords and Residents in Preventing Housing Discrimination Based on Race, Religion, or National Origin in the Wake of the Events of September 11, 2001

In response to the widespread concern of future terrorist attacks, landlords and property managers throughout the country have been developing new security procedures to protect their buildings and residents. Many have educated their residents on the signs of possible terrorist activity and how to communicate security concerns to management or law enforcement. Landlords and property managers are working to keep their buildings safe, but at the same time they are responsible for making sure their efforts do not infringe on the fair housing rights of current or potential residents. Since the attacks of September 11, 2001, persons who are, or are perceived to be, Muslim or of Middle Eastern or South Asian descent have reported increased discrimination and harassment, sometimes in connection with their housing. To help address this growing concern, the following is a review of federal fair housing laws and answers to some questions regarding housing discrimination that have been raised since the events of September 11, 2001.

The Fair Housing Act
The Fair Housing Act (the Act) prohibits discrimination because of race, color, religion, sex, national origin, disability, and familial status in most housing related transactions. Further, the Act makes it unlawful to indicate any preference or limitation on these bases when advertising the sale or rental of a dwelling. The Act also prohibits harassment of anyone exercising a fair housing right and retaliation against an individual because s/he has assisted, or participated in any manner, in a fair housing investigation.

Screening and Rental Procedures
It is unlawful to screen housing applicants on the basis of race, color, religion, sex, national origin, disability, or familial status. In the wake of the attacks of September 11, 2001, landlords and property managers have inquired about the legality of screening housing applicants on the basis of their citizenship status. The Act does not prohibit discrimination based solely on a person's citizenship status. Accordingly, asking housing applicants to provide documentation of their citizenship or immigration status during the screening process would not violate the Fair Housing Act. In fact, such measures have been in place for a number of years in screening applicants for federally-assisted housing. For these properties, HUD regulations define what kind of documents are considered acceptable evidence of citizenship or eligible immigration status and outline the process for collecting and verifying such documents.* These procedures are uniformly applied to every applicant. Landlords who are considering implementing similar measures must make sure they are carried out in a nondiscriminatory fashion.

Example 1: A person from the Middle East who is in the United States applies for an apartment. Because the person is from the Middle East, the landlord requires the person to provide additional information and forms of identification, and refuses to rent the apartment to him. Later, a person from Europe who is in the United States applies for an apartment at the same complex. Because the person is from Europe, the landlord does not have him complete additional paperwork, does not verify the information on the application, and rents the apartment. This is disparate treatment on the basis of national origin.
Example 2: A person who is applying for an apartment mentions in the interview that he left his native country to come study in the United States. The landlord, concerned that the student's visa may expire during tenancy, asks the student for documentation to determine how long he is legally allowed to be in the United States. If the landlord requests this information, regardless of the applicant's race or specific national origin, the landlord has not violated the Fair Housing Act.
*See HUD Regulations at 24 CFR 5.506-5.512

Crime Maps In San Diego County

A new Internet-based crime mapping system is now available to the public for San Diego County. The site will generate maps of crimes around schools, hospitals, addresses, and the like. The incident icons on the map, when clicked, show the time and type of crime.

The site has been very popular since it was announced a few days ago. The maps can be accessed from links on the following web site:
http://www.arjis.org/

I searched for crimes in Escondido. The maps indicate that most crimes in Escondido occur in the central region bounded by I-15 on the west, Ash on the East, El Norte Parkway on the North, and 9th on the south. The further one gets from this region, the fewer reported crimes.

Waldron Proposal Would Prohibit Rentals To Illegal Aliens

Escondido Councilwoman Marie Waldron is proposing that the City prohibit renting to illegal aliens. Apparently, the proposal was inspired by an ordinance being considered in Hazleton, Pennsylvania.

What is interesting is how the matter was reported in the local press. The North County Times ran an article on Sunday, July 9, 2006:
http://www.nctimes.com/articles/2006/07/09/
news/inland/21_03_117_8_06.txt
The NCTimes allows reader comments to be posted on its web site under an article. This article drew over 150 comments!

The NCTimes Editor wrote an Opinion piece that blasted the Waldron proposal:
http://www.nctimes.com/articles/2006/07/11/
opinion/editorials/22_01_387_10_06.txt
The Opinion drew over 70 comments!

The NCTimes then ran an article about Latinos organizing to oppose the Waldron proposal.
http://www.nctimes.com/articles/2006/07/13/
news/inland/21_43_407_12_06.txt
That article drew over 90 comments!

The Union Tribune ran an article after the NCTimes:
http://www.signonsandiego.com/news/
northcounty/20060712-9999-1mi12illegal.html
The UT had a survey next to the article. I took the survey, and was presented with the result. 85% responding to the survey were in favor of the Waldron proposal.

Then, a story about Latino oponents who addressed the City Council was reported:
http://www.signonsandiego.com/news/
northcounty/20060713-9999-1m13illegal.html


Then a UT columnist criticized the Waldron proposal:
http://www.signonsandiego.com/news/
northcounty/jenkins/20060713-9999-1mi13jenkins.html

Constrast that reporting with The Paper.
http://thecommunitypaper.com/localnews.php
The Paper had quotes from several members of the Escondido City Council. Part of the article is quoted below:
"Councilman Ron Newman is not “real warm,” to Waldron’s idea. “I sometimes wonder, with an election right around the corner if proposals such as this, which are very popular with the community, but possibly not do-able legally, are more for show. I don’t think her idea will stand up to a legal challenge. I have a good relationship with Marie . . . but I’m mindful that she’s running for re-election in November . . . I would need more input.”
“Both issues, renting to illegals and restricting the number of tenants in a single family residence, become property rights issues.”
Pointed out that housing agencies that provide governmentally subsidized housing do, indeed, require proof of citizenship . . . but that private ownership did not . . . Newman agreed that there appeared to be a double standard. “I know we place certain restrictions on Habitat for Humanity homes we build in partnership with the community, and to some extent, subsidize . . . but whether we could do that with private ownership I just don’t know. We’d need some legal counsel.”

(Note: Newman has announced that he will not run for a second term in the fall)

The Paper included a Commentary titled: How Eisenhower solved illegal border crossings from Mexico
http://thecommunitypaper.com/editorial.php

What did I learn from The Paper that I did not learn from the other papers. First, that the ordinance has not been drafted yet. Further, that Marie Waldron "is presently doing research to determine how such an ordinance might be written to comply with existing fair housing laws." Thus, arguments that the ordinance violates fair housing laws are premature. Second, citizenship is required for government subsidized housing. This includes housing in Escondido by Habitat for Humanity. Third, that Newman had an opinion, and needed legal guidance. Fourth, that President Eisenhower had to address the same problem of an illegal immigration crisis. Good job at The Paper.

The Community Paper was well worth the price. It was free. Best of all, it had an example of good journalism!