repost from the SD Union Tribune

4:44 p.m. September 29, 2006

ESCONDIDO – A proposed ordinance that would penalize landlords for renting to illegal immigrants was released by the city Friday and it is “entirely consistent with federal law,” City Attorney Jeffrey Epp said.

The controversial ordinance, to be voted on Wednesday by the City Council, will allow the city to suspend the business license of a landlord found to be housing undocumented immigrants. It also allow fines for landlords who do not comply, and misdemeanor charges for subsequent violations.

The ordinance says “the state and federal government lack the resources to properly protect the citizens of the city of Escondido from the adverse effects of the harboring of illegal aliens, and the criminal activities of some illegal aliens.”

Under the proposed law, an action against a landlord would begin when a written complaint was submitted to the city by a resident, an official or a business entity. A valid complaint would include an allegation that “describes the alleged violators,” as well as the actions constituting the violation, and the date and location where such actions are happening.

“A complaint which alleges a violation solely or primarily on the basis of national origin, ethnicity, or race shall be deemed invalid and shall not be enforced,” the ordinance says.

After a valid complaint is received, a landlord would have to provide documentation to the city of a tenant's legal status. The city would then submit the paperwork to the federal government to verify the immigration status of the person or persons in question.

If renters were found to be in the country illegally, a property owner would be notified of the violation. If the owner fails to “correct a violation of this section” – in other words remove the renters – the city would revoke or suspend the business license allowing the property to be rented.

During the suspension, the owner would not be permitted to collect any rent, payment, fee or any other form of compensation from the tenant or occupant of the dwelling unit in question. For each day the illegal immigrants stay in the dwelling unit, unspecified fines would accrue.

Epp and other city lawyers have been working on the wording of the amendment to the city's municipal code since the council directed him to do so following an emotional public hearing Aug. 16.

If the law is passed Wednesday – from previous comments it appears it will be adopted by a 3-2 vote – Escondido will become the first California city to enact such a law. It also would be by far the largest city in the United States to do so, Epp said.

It also likely will become a defendant in a number of lawsuits. Critics of the ordinance say it would end up costing the city hundreds of thousands or even millions of dollars in legal fees.

In Epp's explanation of the ordinance to the council, he says it will be the business license division of the city that enforces the requirements of the code.

He says the approach taken by Escondido would be similar to an ordinance enacted in Hazleton, Penn., earlier this year that is being challenged in court.