AATC members must know how to respond when non-U.S. citizens seek rental housing. Renting to non-citizens is a complex and confusing operational and legal challenge. This article will provide resources and industry best practices to help you navigate the challenges when renting to non-U.S. citizens. As always, this REDBOOK Blues article does not provide legal advice. If you need legal advice, contact one of AATC’s member attorneys (https://www.aatcnet.org/legal-services-program).
So, what are rental housing providers’ obligations and prohibitions regarding renting to non-citizens? Per usual, the TAA REDBOOK is an excellent resource on this highly complicated and sensitive issue. The TAA REDBOOK contains two outstanding articles written by TAA’s general counsel regarding renting to non-citizens: 1) “Is it Legal to Rent to Non-U.S. Citizens?” and 2) “The TAA Supplemental Rental Application for Non-U.S. Citizens.” Also, as the second article indicates, TAA’s form Supplemental Rental Application for Non-U.S. Citizens is an excellent risk-mitigation tool.
Let’s look at the legal, operational, and lease forms resources provided by TAA.
Legal Issues
Following is a link to the TAA REBBOOK article “Is It Legal to Rent to Non-U.S. Citizens? ”https://www.taaredbookonline.org/applications/the-taa-application-and-supplemental-application/is-it-legal-to-rent-to-non-us-citizens
Here are a couple of key takeaways from the above article:
- State & Federal Laws – While the federal government has primary authority over immigration issues, Texas state laws also address immigration.
- City Ordinances/Court Cases – this article cites specific federal court rulings that limit the authority of cities and counties to enact immigration-related ordinances.
- Harboring – This article cites court cases that define harboring and concealment.
- Operational Issues
Click on this link for the article “The TAA Supplemental Rental Application for Non-U.S. Citizens.” https://www.taaredbookonline.org/applications/the-taa-application-and-supplemental-application/the-taa-supplemental-rental-application-for-non-us-citizens
Key points of this article on the Supplemental Rental Application (SRA) include:
- Not Required – No state or federal laws require a rental-housing owner/operator to lease to an undocumented immigrant.
- Owner/Operator Obligations – Texas rental housing providers (owner, management company, leasing agent, onsite manager, etc.) DO NOT have a duty to report undocumented immigrants to the government.
- Lease Form
- Purpose of Supplemental Rental Application:
- Verify the applicant’s lawful status in the United States.
- Determine whether the applicant is likely to move out before the expiration of the lease because of the expiration of an authorized stay in the U.S.; and
- Gives applicants the opportunity to provide emergency contact information for people in their country of origin.
- Enable management to better cooperate with governmental officials when requested.
- Fair Housing – This form helps ensure you comply with federal, state, and local fair housing laws prohibiting discrimination based on national origin.
- Risk Mitigation – The SRA and the above-referenced TAA REDBOOK articles enhance risk mitigation for AATC members when interacting with non-U.S. citizens during the leasing process.
Immigration evokes extreme reactions across the political spectrum. As AATC members, we have access to legal and operational resources when renting to non-U.S. citizens that help us successfully navigate the ever-changing social, economic, and political aspects of immigration.
Nicole Zaitoon, Allied Property Management, is AATC’s 2023 Government Affairs Committee Chair and a member of AATC’s Board of Directors.
