can an apartment manger kick out undocumented immigrants soley based on their status?

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can an apartment manger kick out undocumented immigrants soley based on their status?

Asking in regards to the Illegal Immigrant Tenant Protection Act in California, or any other similar legislation.

Asked on July 12, 2018 under Immigration Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

First, even when there are grounds to remove ("evict") someone from an apartment, it must be done through the courts--the manager can ask the person to leave,  but cannot lock them out  or physically remove them. Eviction (or ejectment of non-tenants, like squatters) must be done by the legal system. It's a straightforward, fairly quick (as court matters go) proceeding, but it still must be done in and through the courts.
As to whether someone can be removed based on their status:
1) From subsidized or public housing--yes. The law states that only legal residents or citizens can reside in public or subsidized (e.g. Section 8) housing).
2) If they are not authorized on the lease: many leases specifiy who can live in the unit, and anyone not on the lease (undocumented or otherwise) may be removed.
3) If they lied on their rental application (including about legal/immigration status): fraud on the application is generally grounds to remove someone.


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