What we verified in “Your immigration status and your landlord: what they can ask”

Statements and where we checked them

The statements with rules, figures or dates, with the exact place in the source and the date we checked them.

1. The Fair Housing Act makes it unlawful to refuse to rent or negotiate a rental, or otherwise make a dwelling unavailable, because of race, color, religion, sex, familial status or national origin; and to discriminate in the terms, conditions or privileges of a rental, or in services, for those same reasons.

   Sources 1 · 42 U.S.C. §3604(a)–(b): 'to refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a dwelling to any person because of race, color, religion, sex, familial status, or national origin'; 'To discriminate against any person in the terms, conditions, or privileges of sale or rental of a dwelling, or in the provision of services or facilities in connection therewith' · Checked October 17, 2026

2. According to the Justice Department's Civil Rights Division, national origin discrimination can be based on the country of a person's birth or where their ancestors originated, and the Department has taken action against private landlords who discriminated against immigrants; a person facing discrimination may file a complaint with HUD or their own lawsuit in federal or state court.

   Sources 2 · The Fair Housing Act (Civil Rights Division): 'Such discrimination can be based either upon the country of an individual's birth or where his or her ancestors originated'; 'We have taken action against private landlords who have discriminated against such individuals'; 'may file a complaint with the Department of Housing and Urban Development [HUD] or file their own lawsuit in federal or state court' · Checked October 17, 2026

3. According to the CFPB, as a renter you have local, state and federal rights, and your rights are usually spelled out in your lease and in state or local laws; landlords generally cannot refuse to rent to you, evict you or change or set different rules for your rental agreement because of your race, color, national origin (country of origin or ancestry), religion, sex, familial status or disability; they cannot force you out by changing your locks without a court order; and to talk with a lawyer it suggests your local bar association or legal aid, for which you could qualify for free.

   Sources 3 · Your tenant and debt collection rights (page last modified Feb. 20, 2026): 'As a renter, you have local, state and federal rights'; 'Your rights as a tenant are usually spelled out in your rental agreement and state or local laws'; 'Refuse to rent to you'; 'Change or set different rules for your rental agreement'; 'national origin (country of origin or ancestry)'; 'Force you out by changing your locks without a court order'; 'To talk with a lawyer, contact your local bar association or legal aid'; 'you could qualify for free legal aid' · Checked October 17, 2026

4. Under the Fair Housing Act it is unlawful to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of their fair housing rights, or because they exercised them or helped someone else exercise them.

   Sources 4 · 42 U.S.C. §3617: 'It shall be unlawful to coerce, intimidate, threaten, or interfere with any person in the exercise or enjoyment of'; 'on account of his having aided or encouraged any other person in the exercise or enjoyment of' · Checked October 17, 2026

5. HUD's Fair Housing Act rule lists as unlawful conduct threatening, intimidating or interfering with persons in their enjoyment of a dwelling because of their national origin, or that of their visitors or associates; retaliating against someone because they made a complaint or took part in a proceeding; and retaliating because they reported a discriminatory practice to a housing provider or another authority.

   Sources 5 · 24 CFR §100.400(c)(2), (5) and (6): 'Threatening, intimidating or interfering with persons in their enjoyment of a dwelling because of the race, color, religion, sex, handicap, familial status, or national origin of such persons'; 'or of visitors or associates of such persons'; 'Retaliating against any person because that person has made a complaint, testified, assisted, or participated in any manner in a proceeding under the Fair Housing Act'; 'Retaliating against any person because that person reported a discriminatory housing practice to a housing provider or other authority' · Checked October 17, 2026

6. An aggrieved person may file a housing discrimination complaint with HUD no later than one year after the practice occurred or ended.

   Sources 6 · 42 U.S.C. §3610(a)(1)(A)(i): 'An aggrieved person may, not later than one year after an alleged discriminatory housing practice has occurred or terminated, file a complaint with the Secretary' · Checked October 17, 2026

7. An aggrieved person may file a civil lawsuit in federal or state court no later than 2 years after the discriminatory practice occurred or ended.

   Sources 7 · 42 U.S.C. §3613(a)(1)(A): 'An aggrieved person may commence a civil action in an appropriate United States district court or State court not later than 2 years after the occurrence or the termination of an alleged discriminatory housing practice' · Checked October 17, 2026

8. In California, Civil Code §1940.3 prohibits a landlord or the landlord's agent from asking about the immigration or citizenship status of a tenant, prospective tenant or occupant, requiring them to disclose it, or revealing it to others to harass, intimidate, retaliate or get them to leave; but it allows the landlord to comply with federal legal obligations, such as those of federal rental assistance programs or a court subpoena, warrant or order, and to request the information or documents needed to verify a prospective tenant's financial qualifications or identity.

   Sources 8 · Cal. Civ. Code §1940.3(b)–(c): 'Make any inquiry regarding or based on the immigration or citizenship status of a tenant, prospective tenant, occupant, or prospective occupant of residential rental property'; 'disclose or make any statement, representation, or certification concerning his or her immigration or citizenship status'; 'for the purpose of, or with the intent of, harassing or intimidating a tenant'; 'Complying with any legal obligation under federal law'; 'any federal government program that provides for rent limitations or rental assistance'; 'a subpoena, warrant, or other order issued by a court'; 'Requesting information or documentation necessary to determine or verify the financial qualifications of a prospective tenant, or to determine or verify the identity of a prospective tenant or prospective occupant' · Checked October 17, 2026

9. In California, Civil Code §1940.2 prohibits a landlord from threatening to disclose information about the immigration or citizenship status of a tenant, an occupant or someone associated with them to pressure the tenant to leave; and a tenant who wins a lawsuit, including in small claims court, is entitled to a civil penalty of up to $2,000 for each violation.

   Sources 9 · Cal. Civ. Code §1940.2(a)(5) and (b): 'for the purpose of influencing a tenant to vacate a dwelling'; 'Threaten to disclose information regarding or relating to the immigration or citizenship status of a tenant, occupant, or other person known to the landlord to be associated with a tenant or occupant'; 'including an action in small claims court'; 'a civil penalty in an amount not to exceed two thousand dollars ($2,000) for each violation' · Checked October 17, 2026

10. In California, Civil Code §1940.35 prohibits a landlord from disclosing a tenant's or occupant's immigration status to an immigration authority, law enforcement or another agency to harass, intimidate, retaliate or get them to leave; if a court finds a violation, it must award damages of 6 to 12 times the monthly rent for each person whose status was disclosed; the court awards attorney's fees to the prevailing party; waiving this right is void; and there is no violation if the landlord is complying with a federal legal obligation or a court order.

    Sources 10 · Cal. Civ. Code §1940.35(a)–(c), (e) and (g): 'It is unlawful for a landlord to disclose to any immigration authority, law enforcement agency, or local, state, or federal agency information regarding or relating to the immigration or citizenship status of any tenant'; 'between 6 and 12 times the monthly rent charged for the dwelling'; 'complying with any legal obligation under federal law, or subpoena, warrant, or order issued by a court'; 'A court shall award to the prevailing party in an action under this section attorney's fees and costs'; 'shall be void as a matter of public policy' · Checked October 17, 2026

11. In California, reporting or threatening to report the tenant, or people associated with the tenant, to immigration authorities is a form of retaliation prohibited by Civil Code §1942.5.

    Sources 11 · Cal. Civ. Code §1942.5(c) and (e): 'To report, or to threaten to report, the lessee or individuals known to the landlord to be associated with the lessee to immigration authorities is a form of retaliatory conduct prohibited' · Checked October 17, 2026

12. In California, Code of Civil Procedure §1161.4 prohibits a landlord from forcing a tenant or occupant to leave, or suing to recover the home, because of their immigration or citizenship status, except to comply with a federal rental assistance program; the tenant can raise it as a defense in an eviction case; and that defense is presumed if the landlord approved the tenant earlier and then sues because the tenant did not provide a valid Social Security number, the information for a credit report or an ID the landlord accepts.

    Sources 12 · Cal. Code Civ. Proc. §1161.4(a)–(c): 'A landlord shall not cause a tenant or occupant to quit involuntarily or bring an action to recover possession because of the immigration or citizenship status of a tenant'; 'may raise, as an affirmative defense'; 'It is a rebuttable presumption'; 'Approved the tenant or occupant to take possession of the unit before filing the unlawful detainer action'; 'to provide a valid social security number'; 'a form of identification deemed acceptable by the landlord' · Checked October 17, 2026

13. The California Attorney General says private housing providers there may not discriminate based on citizenship, immigration status or primary language; that in most cases landlords may not ask about immigration or citizenship status; that they may never threaten to disclose status to pressure a tenant to move out, or harass or retaliate by disclosing it to law enforcement; and that a complaint can be filed with the California Civil Rights Department.

    Sources 13 · Landlord-Tenant Issues, 'Discrimination': 'private housing providers are prohibited from discriminating against tenants on the basis of citizenship, immigration status, primary language'; 'In most cases, landlords are not allowed to ask a tenant or prospective tenant their immigration or citizenship status'; 'Landlords are never allowed to threaten to disclose'; 'Landlords are also never allowed to harass or retaliate against a tenant by disclosing their immigration status to law enforcement'; 'You can also file a complaint with the California Civil Rights Department' · Checked October 17, 2026

14. The California Attorney General explains that you have the right to apply for and secure housing without sharing your immigration status; that state law prohibits housing providers from asking about it unless you are applying for affordable housing funded by the federal government; and that they cannot harass or intimidate you by threatening or sharing information about your status with ICE, law enforcement or other agencies.

    Sources 14 · Immigration (California Attorney General), 'Know Your Immigration Rights and Protections Under the Law': 'You have the right to apply for and secure housing without sharing your immigration status'; 'California law prohibits housing providers from asking about your immigration status unless you are applying for affordable housing funded by the federal government'; 'housing providers cannot harass or intimidate you by threatening or sharing information about your immigration status to ICE, law enforcement, or other government agencies' · Checked October 17, 2026

15. The Illinois Department of Human Rights explains that housing providers there may only ask about immigration status when state or federal law requires it, for example if they receive HUD funding; that they must be able to explain why they ask and ask all applicants the same questions; that screening out applicants without a Social Security number, asking about status when the law does not require it, evicting someone because of their status or threatening to report tenants to ICE because they complained about conditions are examples of discrimination; and that providers should accept alternatives to a Social Security number for background and credit checks.

    Sources 15 · Immigration Status & Housing FAQ, questions 4, 8 and 9: 'Housing providers may only ask applicants about their'; 'where they are required to do so to comply with state or federal laws'; 'if a housing provider receives funding from the U.S. Department of Housing and Urban Development (HUD)'; 'housing providers must be prepared to explain the purpose of the questioning'; 'then the housing provider must ask all applicants the same questions'; 'Screening out applicants who do not have Social Security Numbers'; 'Evicting a tenant because of their'; 'Threatening to report or reporting tenants to U.S. Immigration and Customs Enforcement (ICE) because the tenants complained about living conditions or reported incidents of discrimination'; 'Allow applicants to provide alternatives to Social Security Numbers for background screening and credit checks' · Checked October 17, 2026

16. The Illinois Department of Human Rights explains that immigration status discrimination can be reported within one year or taken to state court within two years; that it provides an interpreter; that you do not need to be a permanent resident or citizen to report; that no attorney is required and there is no fee; that retaliating against or intimidating someone for reporting is unlawful; and that you should keep detailed notes, take screenshots of ads and save messages in a safe place.

    Sources 15 · Immigration Status & Housing FAQ, questions 11 and 13–19: 'within one year from the date when the discrimination occurred'; 'file a lawsuit in state court within two years'; 'The Illinois Department of Human Rights will provide an interpreter'; 'Do I need to be a Permanent Resident or U.S. Citizen to report discrimination? No'; 'An attorney is not required to process a charge of discrimination with IDHR'; 'There is no fee to report the incident'; 'It is unlawful to retaliate against or to intimidate any person for reporting discrimination'; 'keep detailed notes of your interactions'; 'Take photos or screenshots of advertisements immediately'; 'Save all related text messages and e-mails in a safe place' · Checked October 17, 2026

17. The New York Attorney General's tenants' rights guide says that in New York City tenants are also protected against discrimination based on immigration status.

    Sources 16 · Residential Tenants' Rights Guide, 'Discrimination' (NYC Admin. Code §8-107): 'In New York City, tenants are further protected against discrimination with respect to lawful occupation, sexual orientation, partnership status, and immigration status' · Checked October 17, 2026

18. The Legal Services Corporation (LSC), established by Congress in 1974, funds civil legal aid for low-income people in every state; on its site you enter an address or city to find an LSC-funded legal aid organization near you.

    Sources 17 · I Need Legal Help: 'LSC is an independent nonprofit established by Congress in 1974 to provide financial support for civil legal aid to low-income Americans'; 'in every state, the District of Columbia, and U.S. Territories'; 'enter an address or city below to find an LSC-funded legal aid organization near you' · Checked October 17, 2026

19. According to the Justice Department's Executive Office for Immigration Review (EOIR), only certain people can represent you, including licensed attorneys and accredited representatives; notarios, document preparers, immigration consultants and travel agents are not allowed to practice law or give you legal advice.

    Sources 18 · Can Someone Represent You Before EOIR?: 'Only certain individuals can represent you before EOIR'; 'Those include validly licensed attorneys and accredited representatives'; 'Notarios, document preparers, immigration consultants, and travel agents are not allowed to practice law'; 'They cannot give you legal advice' · Checked October 17, 2026

20. EOIR publishes the lists of recognized organizations and accredited representatives, also sorted by state.

    Sources 19 · Recognition & Accreditation (R&A) Program, roster reports: 'Recognized Organizations List'; 'Accredited Representatives List'; 'Organizations and Representatives, Listed by State' · Checked October 17, 2026