Rent Apartments to No Social Security Aliens

[artloversplus]

<p>Yesterday, I was called that an Alien without SS want to rent my property as resident. This is an unfurnished apartment that requires at least one year lease. I intend to rent it long term. As this is the first time I was called upon incident. I did refuse to the request. I am wondering if you have the similar experiences?</p>

<p>Let me clarify about the request:</p>

<p>The request was called upon by a local home owner who’s relatives are non resident alien and probably are in the States illegally. This local home owner has jobs and mortgages and is willing to guarantee the lease. I rejected the idea by telling her that financially she has to be qualified if her mortgage and the rent are supportive by her income. But in my mind, if the illegals are behind the rent, it is easy to evict them just telling it to INS, I am wondering if it is illegal renting to an illegal alien knowingly their status.</p>

[artloversplus]

<p>checking on the internet I receive conflicting answers:</p>

<p>

No. Current law (Federal and State) does not preclude an illegal immigrant from renting a place. Apartment managers are not required to request documentation of legal status. For example… suppose you have a person enter the US legally and decide to rent an apartment for a few months. Is he here legally? Yes, he has a visa. However, that same person over stays his visa and remains here for several years… working. Is he here illegally? YES. Is there a law that denies him a right to rent an apartment? NO. Apartment managers are not bound by any law to ask for any documentation of residency or citizenship. If there has been a recent change to this in any state then I am not aware of it.

</p>

<p>

Can a landlord be prosecuted for renting to illegal immigrants?
In: Apartments and Home Rentals [Edit categories]
Answer:
Yes. Any person who aids and abets a foreign national who is unlawfully present within the U.S. can be subject to criminal and civil penalties.

</p>

<p>

A recent case decided in the Supreme Court in New York County, Recalde v. BAE
Cleaners, Inc., affirms the right of an illegal alien to obtain an apartment and not be
subjected to an inquiry by a landlord to verify “a tenant’s immigration status….” The
Court found that there was no Federal or New York legal precedent which “prohibits a
landlord from renting an apartment to a tenant who lacks legal immigration status.” </p>

<p>The Court also noted that this was a case of first impression in New York State. The
Court responded to the assertion by the landlord that the landlord could be charged
criminally for “harboring” a person who was an illegal alien.

</p>

[ucbalumnus]

<p>Not having a social security number does not necessarily mean that the person is an illegal immigrant, as there can be visa or visa waiver statuses that can allow someone to enter the US and remain for longer than they would want to stay in hotels or with friends/relatives while not needing a social security number.</p>

[BunsenBurner]

<p>ucb is correct.</p>

<p>If you think renting to someone with such status could lead to an easier eviction process, it is not necessarily true.</p>

[artloversplus]

<p>Then the question becomes: Will you rent to an Alien without Social Security No, in long term? How about a year? two years?</p>

[Sally22]

<p>UCB
We were legal Aliens on a H1 visa and had social security #'s . We applied when we we came to the states, my pre schooler was also issued a social security #. My friends think it is amusing that we have ss #'s 1 digit different.</p>

[artloversplus]

<p>From SS admin:</p>

<p>

Unless you are a noncitizen who wants to
work in the United States, you probably do not
need a Social Security number.
Generally, only noncitizens authorized to
work in the United States by the Department
of Homeland Security (DHS) can get a Social
Security number. Social Security numbers
are used to report an individual’s wages to
the government and to determine a person’s
eligibility for Social Security benefits. You
need a Social Security number to work, collect
Social Security benefits and receive some other
government services.
Lawfully admitted noncitizens can get
many benefits and services without a Social
Security number. You do not need a number to
get a driver’s license, register for school, obtain
private health insurance, or to apply for school
lunch programs or subsidized housing.

</p>

<p>Yes, you do not need a SS to rent an apartment, but as a landlord, for long term rental, you need to verify employment and credit score, so. in that regards, the person without a SS number will be at a disadvantage.</p>