In the United Kingdom there is movement that will, potentially, legally require landlords and property managers to deny rental property to illegal immigrants via the tenant screening process. In the United States this practice remains illegal, however, the challenges in the United Kingdom should be closely watched, states TenantScreeningUSA.com’s President and CEO, Adam Almeida.
Recently the government in the United Kingdom debated a new measure being pursued in regarding rental properties and potential tenants.
It has proven highly contentious.
From TheGuardian.com (Oct. 11, 15):
Government plans to force landlords to carry out extra checks on a tenant’s immigration status risk “everyday racism” and could lead to widespread discrimination, Labour has said.
The immigration bill, which will be debated by MPs on Tuesday, would make renting out accommodation to illegal immigrants a criminal offence. (1)
This dramatic stance has caused considerable concern and will force landlords to check the legal status of renters. Many potential challenges came to light during a trial of new policies.
From TheExpressAndStar.com (Oct 11, 15):
According to the Joint Council for the Welfare of Immigrants, more than 40% of landlords who took part in the pilot said the scheme had made them less likely to rent a property to someone who did not have a British passport, while more than a quarter said they were reluctant to engage with people with foreign names or accents. (2)
Adam Almeida, President and CEO of TenantScreeningUSA.com states: “The challenges by this potential law in the UK are numerous. Not only are landlords legally required to confirm immigration status, the potential for unwitting bias or disparate impact is significant.”
Ultimately the law could become a human rights challenge.
From LettingAgentToday.co.uk (Oct. 13, 15):
Government proposals forcing agents and landlords to check the immigration status of tenants risk a serious breach of human rights according to an official watchdog.
The Equality and Human Rights Commission is reported to have warned MPs ahead of today’s second reading of the Immigration Bill in the House of Commons that the Right To Rent proposals which may ultimately lead to the fast-tracked eviction of illegal immigrants and their children risk breaching human rights law. (3)
In the United States there are laws governing a lawful and legal right to work and, subsequently, rent. Landlords and property managers can request I-9 documentation in many cases to prove lawful employment status. An I-9 document ascertains an individual’s eligibility right to work under immigration law. However, some states, such as New York and California, prohibit asking immigration status during the tenant background check application process. (4)
Almeida states: “While the potential new law in the United Kingdom raises some challenging questions, just as the laws governing tenant screening in the United States remain challenging. A continuing best practice for all property managers and landlords is to work with a third-party tenant screening company in order to remain compliant with all laws governing the fair and lawful use of public records as well as I-9 documentation.”
TenantScreeningUSA.com is a third-party tenant screening company versed in the legal and lawful use of public records as a tool of tenant checks. A highly trained staff can provide guidance to property managers and landlords with properties large and small.
Notes:
(1) theguardian.com/uk-news/2015/oct/11/immigration-checks-discrimination-labour
(2) expressandstar.com/business/uk-money/2015/10/11/labour-warns-of-everyday-racism-in-tenant-check-proposals/
(3) lettingagenttoday.co.uk/breaking-news/2015/10/mps-debate-right-to-rent-today-as-watchdog-issues-human-rights-warning
(4) nolo.com/legal-encyclopedia/how-screen-select-tenants-faq-29137-7.html
