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Landlord Louise Connor understands
why the city recently passed a law barring rentals to illegal immigrants,
a measure billed as one way to control residential overcrowding. She just
knows that making sure your tenants are legal and following guidelines aren't
always so easy.
Just over a year ago, she rented one of her units to a non-Latino couple in their mid-30's, but only after running credit and background checks. Everything panned out. But within a few months, she started getting complaints from neighbors about the people living in the 550-square-foot house, contravening a clause in the rental agreement. Connor said she confronted the couple, to no avail, so she began a formal eviction process. Her experience underscores what many local landlords say are the nuances and complications of the rental and eviction process that make enforcing the city's rental ban a burden at best, and impossible ---- as well as extremely costly ---- at worst. "I support what the city is trying to do, and their thoughts are in the right place," Connor said of the law, which is set to take effect Nov. 18. "But they haven't fine-tuned (the ordinance) to where it's workable." Evictions take time Credit checks, identification documents and references are all some of the items landlords said they require of their tenants, and none of those will guarantee that not a single illegal immigrant will occupy their properties. "This has to be a nightmare for landlords," said Steven R. Kellman, director of the Tenants Legal Center in San Diego. "Because not only do they have a whole new layer of bureaucracy, but they're subject to penalties that create ill will, vacancies and a risk of expense." Many landlords questioned the fact that they were not included or consulted in the drafting of the ordinance, which they say is fraught with problems and impracticalities. The San Diego County Apartment Association has told the city that enforcing the rental ban is almost certain to generate lawsuits against landlords and property managers of Escondido's roughly 19,000 rental units. Roy Garrett, an Escondido attorney and landlord, said he sees problems arising the first time any owner found to be in violation of the law tries to remove the tenants in question. Under the ordinance, landlords found to be renting to illegal immigrants would have 10 business days to remove the tenants, or face penalties ranging from suspension of their business licenses to fines of up to $1,000 a day and six months in jail. Garrett, who owns what he described as a "substantial number" of rental properties, said that even if the Escondido law were to withstand the inevitable legal challenges, it would force landlords to bypass the established legal process for eviction. Legally, landlords can serve a three-day notice to vacate a property, if the tenant is breaking the law. But if the tenant doesn't leave ---- and they rarely do ---- landlords must file an unlawful detainer, a process that generally takes about 60 days and requires a final determination from a judge and the assistance of a sheriff's deputy. Landlords, he said, can't even throw out furniture from an unpaid storage unit without going through a formal eviction process. Under this law, "a couch has more protection than human beings," he said. A spokesman for the San Diego County Sheriff's Department said the agency
acts as the enforcement arm of the courts, and would not assist landlords
in removing tenants under the Escondido ordinance. An Escondido Police
Department spokesman said the city's agency does not handle evictions. |
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