As California attempts to ‘Trump-proof’ itself, what landlords need to know about tenants with an illegal status.
The Golden State has been a declared sanctuary state since the legislation of SB 54 was signed into law in 2017. This statute was dubbed the “California Values Act” and bans state law enforcement agencies from cooperating with federal immigration authorities. Fast forward to 2025 and there will undoubtedly be some friction between California and a new administration being ushered into Washington.
Perhaps there was no other topic in the 2024 presidential election that was more polarizing than immigration, but we know where the incoming border czar Tom Homan stands.
The former head of ICE has said that concealing or harboring illegal immigrants is a crime and has told state and local officials to get out of the way, going so far as to threaten to jail politicians who obstruct the administration’s stated goal of deporting people.
What does this tug of war between the federal government and states mean for housing providers? Not much.
California has ensconced laws that prohibit discrimination based on their immigration status or threaten them. Harassment, discrimination, and retaliation are not allowed.
The California Fair Employment and Housing Act (FEHA) states that immigration status cannot be used to deny housing or treat tenants differently. Civil Code Section 1940.3 silences landlords from disclosing a tenant’s immigration status to anyone, including government agencies, in an attempt to harass, intimidate, or retaliate against the tenant.
Moreover, California Civil Code Section 1942.5 protects tenants from misguided landlords threatening to report a tenant’s immigration status to authorities to coerce, evict, raise rents, or otherwise harass them.
Although there is a megaphone from the incoming President calling for deportation, California law still applies, and housing providers cannot use a tenant’s immigration status as leverage.
Tenants irrespective of their immigration status are afforded a host of protections under state and local laws and have ample opportunity to air out their grievances.
What if a tenant is deported?
Whenever a tenant is transplanted involuntarily - it could be through incarceration, institutionalization, or deportation proceedings - contact our office.
When a tenant leaves against their free will, landlords cannot re-rent the unit without officially ending the tenancy through an eviction.