I have always rented to US Citizen who had valid Driver's ID, Social Security Number etc. For the first time, I was approached by a small hard working family that do painting jobs for a contractor and make enough money. When asked about their IDs, they provided me the copies of their Passport (from country other than US). They do not speak English and I had their acquaintances as interpreter. The acquaintance has US IDs and is willing to be a guarantor on the lease. These applicants are illegal immigrants who do not have US documents.

Question - Is it illegal to rent to an illegal immigrant? Are there any Federal or State (of Georgia) laws that prevent from renting to an illegal immigrant? Has anyone faced this situation?

Most of them don't have bank accounts.

They can use their "green card" to drive legally but if they get pulled over they will get find for not having a DL but will not go to jail, or so I have been told.

Ask them if they have applied for citizen ship if that concerns you. They probably have if they have a passport and a green card, but they have to go through a long process.

I'm in another world on this subject, Los Angeles California. I stopped by a Home Depot where Labor Ready provides a fully vetted labor force for contractors and home owners. I picked up a truck load of scheduled workers, most of Latin descent. My truck bed has a fold down legal seating with seat belts. I got stopped by the police. The first thing out of their mouths was, "Are these illegals and did I ask them their immigration status"?

People are classifieds as illegals if they cannot show a US Citizenship, Green Card, Work Permit or a copy of visa. For example, a visitor/tourist coming to USA or a student to study is not given a work permit. A visitor or a tourist does not have a US ID but a passport from their country of origin. Same is the case with people coming to USA on a short business trip.

I am suspicious that they COULD be illegal because they work as laborers/ painters for a contractors. It is illegal to employ them but I am not sure if it is illegal to rent them. For example, there are many Day Laborers at Gas Station in Atlanta, GA. Many of them are illegals. The local authority knows about this labor. However, it is illegal to employ them. Some contractors take a risk, some don't.

Illegal = against or Not authorized by the law.

Legal = in accordance with or permitted by the law.

Jim [CA]

I agree with you. But the rents in GA are not that high as CA. So between 3, they can easily afford the rent. It would have been difficult to have only 1 or 2 wage earners in the family. This small family of 3 adults work for the same contractor.

For 3 BR/2 BA house, occupied by 3 may appear as rooming house but they are really not having any more people. Also, I checked their passports and they all have same last name.

While it is not illegal to rent to them, any non-citizen does carry higher risks. If anything happens you will have no legal recourse against them short of getting your property back through an eviction. For example, if they flee you will not be garnishable.

I have ended up renting to illegals. One guy was here working on a work visa, once the date of that visa passed, he became illegal, I didn't know at the time. Same with someone waiting for an asylum hearing. Once that court date passes, they turn into an illegal, they can even work once approved until that court date passes. The reality is you may or may not know they are here illegally; it depends on a number of factors and their status can change day by day.

MikeA [TX], Yes, I agree; there is a risk of them fleeing without paying rent. That is why, they have a Guarantor who is US Citizen and is Co-signing the Lease. There is still a risk but less considering the age and the family's attempt to earn a decent living through hard work.

The flip side is, I have seen some landlords who had a good experience with such tenants. Because these tenants have a less chance of finding a place with Apartment complexes and few other landlords, they are always on time to pay as they do not want to go through the finding another place where they have a slim chance.

MikeA [TX], Yes, I agree; there is a risk of them fleeing without paying rent. That is why, they have a Guarantor who is US Citizen and is Co-signing the Lease. There is still a risk but less considering the age and the family's attempt to earn a decent living through hard work.

The flip side is, I have seen some landlords who had a good experience with such tenants. Because these tenants have a less chance of finding a place with Apartment complexes and few other landlords, they are always on time to pay as they do not want to go through the finding another place where they have a slim chance.

MikeA [TX], Yes, I agree; there is a risk of them fleeing without paying rent. That is why, they have a Guarantor who is US Citizen and is Co-signing the Lease. There is still a risk but less considering the age and the family's attempt to earn a decent living through hard work.

The flip side is, I have seen some landlords who had a good experience with such tenants. Because these tenants have a less chance of finding a place with Apartment complexes and few other landlords, they are always on time to pay as they do not want to go through the finding another place where they have a slim chance.

Never asked to proof of citizenship in the hood. Not sure how many were illegal .... didn't need to care.

I would argue that illegal immigrants pose FEWER risks, especially in C and lower neighborhoods. Do you really think they'd make you go through the eviction process?

I'm with Mike. I don't ask for proof of citizenship, but I have found that my tenants for whom English is a second language are very responsible. The biggest issues I've had have been their tendency to cook with oil (greasy film on walls) and cockroaches. But that depends a lot on the individuals. They do tend to pay in cash, which some landlords might find advantageous to their tax strategy.

In answer to your actual question, you are not required by federal law to check immigration status. You may choose to, but the Fair Housing Act protects against discrimination based on race and national origin. So if you required Spanish-speaking applicants to provide proof of immigration status but not someone with a Texas drawl, this could be a fair housing violation.

I would argue that illegal immigrants pose FEWER risks, especially in C and lower neighborhoods. Do you really think they'd make you go through the eviction process?

I'm with Mike. I don't ask for proof of citizenship, but I have found that my tenants for whom English is a second language are very responsible. The biggest issues I've had have been their tendency to cook with oil (greasy film on walls) and cockroaches. But that depends a lot on the individuals. They do tend to pay in cash, which some landlords might find advantageous to their tax strategy.

In answer to your actual question, you are not required by federal law to check immigration status. You may choose to, but the Fair Housing Act protects against discrimination based on race and national origin. So if you required Spanish-speaking applicants to provide proof of immigration status but not someone with a Texas drawl, this could be a fair housing violation.

The Fair Housing Act protects against discrimination based on race and national origin. That applies to immigrants who come to US for say studies and then live near campus. They are lawfully documented and not necessarily immigrants as some do go back to their country after studies. So it is against the law to deny them based on their national origin because they are not illegal and are admitted to US through proper visa (such as student or research visa).

BINGO !

Thanks for stopping by, Don.