For Hispanic immigrants, bias isn't only barrier to housing

December 2, 2007
By LEAH RAE

Responding to a wave of anger over the influx of undocumented Hispanic immigrants, town boards across the country have tried to enlist landlords in denying housing to those without legal status.

But in the high-cost suburbs north of New York City, the housing struggle is more about money than ordinances, local housing advocates say.

"From my perspective, the discrimination that's going on is that they (the undocumented) are victims of exploitation," said Ann Spaeth of the Port Chester Council of Community Services. "Because those are the ones who can't complain."

Federal fair housing laws protect people from discrimination based on their race and national origin, but they do not specifically outlaw bias against undocumented immigrants.

A landlord is within his or her rights, for example, to require a Social Security number and credit check from prospective tenants, as long as such standards are applied evenly, said Ann Seligsohn, fair housing director for Westchester Residential Opportunities, a housing service organization.

Still, some local ordinances have been successfully challenged in court as being discriminatory. A federal judge struck down a law in Hazleton, Pa., that would have fined landlords who rent to illegal immigrants. A preliminary injunction has stalled a similar law in the Dallas suburb of Farmers Branch, Texas, that required landlords to verify their tenants' legal status. An ordinance was repealed in Manassas, Va., limiting the number of unrelated people who could live in the same house.

Disputes have erupted locally over Hispanics being displaced by raids on overcrowded housing. In Mount Kisco, a lawsuit is challenging the "landlord registry" law, a fairly common requirement that owners of multifamily residences submit information about the number of units in their buildings. The problem, according to the suit by businessman Mauricio Arriaga, is that the law falls unfairly on Hispanic owners and renters.

The Mount Kisco suit, filed in U.S. District Court, says the landlord registry program triggers inspections that take place without a warrant, "for the purpose of intimidating the renters and owners." Village officials say the requirement is benign and is meant only to ensure compliance with safety codes. The suit is pending.

Another local complaint is that landlords will rent only to childless adults.

"We get families that are just astounded that owners won't rent to (families with) children," said Blanca Lopez, who helps families find housing in Port Chester. She is director of the Neighborhood Preservation Co., a program run by Human Development Services of Westchester.

Fair housing laws warn against discrimination based on age and familial status, but they don't force landlords to rent a small apartment to a large family. The rule of thumb, which landlords can use in their defense, is two people per bedroom, Seligsohn said.

There are other exceptions. Not every landlord must rent to families with children. Owners of a two-family home, for example, are exempt from the laws if the owner lives there and does not have a real estate license. The fair housing laws do apply, though, if that same rental unit is advertised.

Although Lopez said she has seen instances of discrimination against Hispanic immigrants, she agrees the bigger problem is exploitation. In other words, tenants put up with small apartments and astronomical rents because that's all there is. And homebuyers are misled into taking on loans they can't afford.

Source: LoHud.com