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Judge Rules Against Immigration-Related Rental Ban

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Aug 29, 2008 9:04 pm US/Central

Judge Rules Against Immigration-Related Rental Ban

DALLAS (AP) ― A federal judge issued a final judgment on Thursday permanently preventing a Dallas suburb from enforcing a rule banning apartment rentals to illegal immigrants.

The decision by U.S. District Judge Sam A. Lindsay concludes a nearly two-year court battle over a never-enforced ordinance that would have required landlords to verify tenants' legal status.

The judgment also triggers a countdown to another immigration-related rule by Farmers Branch officials. City officials approved the new rule to take effect 15 days after a final judgment on the ordinance that was being litigated. It would require prospective tenants to get a rental license from the city. Farmers Branch would ask the federal government for the applicant's legal status before approving the rental license.

Opponents of the previous ordinance -- which included apartment complex operators, residents and advocates -- plan to challenge the new rule.

"It is similarly unconstitutional, it shares some problem and frankly creates others," said attorney Bill Brewer, who represents a group of rental ban opponents. "We would have hoped that they recognize that this is just not an area that this municipality or any municipality is supposed to delve into."

The ruling Friday also sets up a two-week deadline for opponents of the rental ban to ask for attorney fees, which Farmers Branch would have to pay. Although a figure wasn't available, Brewer estimated attorney fees will run hundreds of thousands of dollars.

Both sides have 30 days to notify the court of plans to appeal. Farmers Branch officials were pleased to see a conclusion to the federal but have not yet decided if they will appeal, said attorney Michael Jung.

"We're glad to be moving forward," said Jung, who represents Farmers Branch.

Even before issuing the final judgment Friday, Lindsay found the ordinance requiring landlords to verity legal status or citizenship was unconstitutional and could not be enforced.

The judge concluded that Farmers Branch officials didn't defer to the federal government in immigration matters. Instead, the city tried to create its own classification to determine which non-citizens could rent in Farmers Branch.

Farmers Branch's ordinance also didn't comply with the due process clause of the 14th Amendment because it was vague, the judge ruled. The rule failed to provide clear guidance that immigration documents were acceptable and didn't explain what was meant by the ordinance phrase "eligible immigration status," the judge wrote.

Around the country, some 100 cities or counties have considered, passed or rejected similar laws, but Farmers Branch was the first in Texas, according to the Puerto Rican Legal Defense and Education Fund.

(© 2009 The Associated Press. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed.)

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