The controversial Arizona Immigration Law may or may not take effect. However, it is prudent landlords know how the law could effect them. We turned to landlord tenant attorney Andy Hull to get some insight. Below is Andy’s perspective on the subject. If you have any questions, Andy is the man to ask. Just send him an email at: hull@doctorevictor.com.
Some controversial immigration legislation as everyone knows most recently was passed into law. In looking at the new law from a landlords perspective there appears to be only a few sections of the law that property managers and/or landlords should be aware of. This article will cover briefly the sections that you should be concerned with.
Under Article 8, Enforcement of Immigration Laws, A.R.S. § 11-1051, the new law states that law enforcement can identify anyone suspected of illegal immigrant status. The law enforcement officer, without a warrant, may arrest a person if the officer has probable cause to believe that the person has committed any public offense that makes the person removable from the United States. In other words, the officers could be responding to a normal police call on your property but yet have the authority to stop your residents and ask to see their documentation that entitles them to be in the country. They can also verify any claim of residence subject to a judicial order issued pursuant to a civil or criminal proceeding in our state.
Another section that applies potentially to landlords is A.R.S § 13-2929, Unlawful Transporting, Moving, Concealing, Harboring or Shielding of Unlawful Aliens. The statute is somewhat vague in that it says that it is unlawful for a person who is in the violation of a criminal offense to conceal, harbor or shield or attempt to conceal, harbor or shield an alien from detection in anyplace in this state. This would include any buildings or any means of transportation. If the individual knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States or encourages or induces an alien to come in and reside in this state, they would be subject to being guilty of a Class 1 Misdemeanor and subject to a fine of at least $1000.00. If the violation involves 10 or more illegal aliens it then becomes a felony and the fine is $1000.00 per each alien that is involved. The statute doesn’t say that it is illegal to rent to individuals, but the implication seems to be that the landlord should have a rental criteria in place that requires proof of the resident being in the state legally.
Also related is A.R.S. § 23-214, that requires after December 31, 2007, every employer, after hiring an employee, shall verify the eligibility of the employee through the E-Verify program and shall keep a record of the verification for the duration of the employee’s employment or at least three years whichever is longer.
Whether or not the new law will stand the test of it being Constitutional remains to be seen. However at this point in time all landlords should at least be aware of the above sections.
Best to you and keep safe out there.
Ron Urban & Gene Urban
The Urban Team at Realty Executives
602-234-5777
