California Attorney General Rob Bonta issued a stark warning to landlords across the state: Housing discrimination against immigrant tenants is illegal and will not be tolerated, according to a release.

Bonta said in the release that it is illegal for landlords to, “retaliate against tenants, or influence tenants to move out by threatening to disclose a tenant’s immigration status to Immigration and Customs Enforcement (ICE) or law enforcement.

“Especially as the federal administration carries out an inhumane campaign of mass deportation and creates a culture of fear and mistrust, it is crucial that landlords and tenants understand their obligations and rights under California law.”

Landlords cannot threaten to disclose a tenant’s immigration status in order to pressure a tenant to move out. (Civil Code § 1940.2.)  In most cases, landlords are not allowed to ask a tenant or potential tenant their immigration or citizenship status in California.

“Landlords who violate these laws may be required to pay tenants for damages, penalties, and attorney’s fees. For example, a landlord who discloses a tenant’s immigration status to any immigration authority may be ordered to pay the tenant statutory damages equal to 6 to 12 times the monthly rent (Civil Code § 1940.35(b).) Tenants have an array of other rights and protections under California law,” Bonta said in the release.

Landlords and Immigration Authorities  

If immigration authorities like ICE demand tenant information from a landlord, such as a tenant’s rental application or other documents, the landlord may ask to see a warrant or other authority, Bonta said in the release. Landlords should immediately seek legal advice to determine whether they must comply and to ensure that they do not violate California’s anti-discrimination and privacy laws. There are different types of documents that ICE may present:

• An ICE administrative warrant or a notice to appear for an immigration hearing does not give ICE special powers to search a landlord’s records. Landlords should seek legal advice about how to respond.
• If ICE presents a warrant issued by a federal court or other court order signed by a judge, landlords should comply promptly and, where feasible, seek legal advice before responding.
• Landlords presented with a subpoena for documents or evidence should seek legal advice on how to respond.
• Landlords should not physically interfere with ICE officers in the performance of their duties.