“Housing discrimination against DACA recipients is not only irrational, it’s unlawful,” said MALDEF president and general counsel Thomas A. Saenz. “Our economy—and our humanity—are distorted and diminished when we allow such discrimination to occur.”
The Mexican American Legal Defense and Educational Fund has filed a federal lawsuit against a Pennsylvania-based property management company accused of refusing to rent an apartment to an immigrant with DACA status.
According to NBC News, the lawsuit was filed on behalf of plaintiff Khrysta De Guzman late last week. De Guzman, who lives in New Jersey, is a beneficiary of the Deferred Action for Childhood Arrivals program, which confers protected status to certain undocumented immigrants.
In general, only people who were brought to the United States as children may apply for a change in immigration status through DACA. If approved, they may continue residing and working in the United States, but most renew their status every two years.
People who have serious criminal records, or have been convicted of crimes like driving under the influence, are typically ineligible for DACA.
“Housing discrimination against DACA recipients is not only irrational, it’s unlawful,” said MALDEF president and general counsel Thomas A. Saenz. “Our economy—and our humanity—are distorted and diminished when we allow such discrimination to occur.”
The lawsuit claims that De Guzman and her fiancé, who is a U.S. citizen, submitted a rental application to a property owned by Altman Management Co. However, their application was denied after Altman said that De Guzman’s government-issued Employment Authorization Document was insufficient to prove her identity or legal status.
Altman insisted that De Guzman provide either a valid U.S. visa or a valid U.S. permanent resident card—both of which DACA recipients are necessarily unable to obtain.
Shortly afterward, De Guzman and her fiancé applied to another rental property.
However, Altman also happened to own the second property.
The application was against rejected, with a leasing consultant explaining that “De Guzman did not provide additional documentation requested by Altman Management.
“These denials have resulted in another frozen chapter of my life,” De Guzman said in a statement. “It serves to remind us DACA holders that we aren’t fully accepted by U.S. society. Despite working, despite paying taxes, and contributing to the economy.”
De Guzman, notes NBC News, both works as a warehouse associate and is attending college courses.
MALDEF has since signaled that its intent to certify the lawsuit as a class action, alleging that Altman’s purported policies against DACA recipients are unlawful, discriminatory, and in violation of the Civil Rights Act of 1866.
“Landlords cannot penalize renters because of their alienage,” said MALDEF attorney Luis Lozada. “Defendants’ discriminatory acts adversely affect DACA recipients and immigrants where they can live and work.”
Sources
Civil rights group files lawsuit alleging housing discrimination against a DACA recipient
COMPLAINT FOR VIOLATIONS OF 42 U.S.C. § 1981; INJUNCTIVE AND DECLARATORY RELIEF; AND DAMAGES
PROPERTY MANAGEMENT COMPANY SUED FOR DISCRIMINATING AGAINST IMMIGRANT POTENTIAL TENANTS
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