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Immigration Guidance for Housing Providers

Recent federal immigration sweeps being conducted by Immigration & Customs Enforcement throughout California have resulted in questions and concerns among rental housing providers regarding their legal rights and obligations to comply with immigration authority warrants or demands for tenant information and access to their property or specific rental units.

AAOC advises rental housing providers to confer with their legal counsel in the event immigration authorities or other law enforcement contact them seeking tenant information or access.

California Attorney General Rob Bonta issued a press release on Tuesday, July 22, 2025, "reminding Californians that it is against the law for landlords to discriminate against tenants, retaliate against tenants, or influence tenants to move out by threatening to disclose a tenant’s immigration status to Immigration and Customs Enforcement (ICE) or law enforcement."

CALIFORNIA LAW 

  • Housing discrimination is illegal in California. This includes race and national origin. (Gov. Code § 12955.)
  • Private housing providers cannot inquire about a tenant’s or applicant’s citizenship or immigration status and cannot discriminate on the basis of immigration status, citizenship, or primary language. (Civil Code § 1940.3(b); Gov. Code § 12955(d); Civil Code § 51.)
  • Landlords are never allowed to harass or retaliate against a tenant by disclosing their immigration status to law enforcement (Civil Code §§ 1940.3(b), 1942.5.) Landlords also cannot threaten to disclose a tenant’s immigration status in order to pressure a tenant to move out. (Civil Code § 1940.2.)   
  • Tenants have the right to housing documents they can understand. (Civil Code § 1632(b).) (Civil Code § 1632(g)(1).) 


IMMIGRATION AUTHORITIES DEMAND FOR INFORMATION

The press release continued, "If immigration authorities like ICE demand tenant information from a landlord, such as a tenant’s rental application or other documents, the landlord may ask to see a warrant or other authority. Landlords should immediately seek legal advice to determine whether they must comply and to ensure that they do not violate California’s anti-discrimination and privacy laws. There are different types of documents that ICE may present:"

  • An ICE administrative warrant or a notice to appear for an immigration hearing does not give ICE special powers to search a landlord’s records. Landlords should seek legal advice about how to respond. 
  • If ICE presents a warrant issued by a federal court or other court order signed by a judge, landlords should comply promptly and, where feasible, seek legal advice before responding.
  • Landlords presented with a subpoena for documents or evidence should seek legal advice on how to respond.
  • Landlords should not physically interfere with ICE officers in the performance of their duties.


READ THE PRESS RELEASE
AAOC urges you to read the press release and the additional information that is provided, including examples of discrimination, penalties for violations, sample warrants and subpoenas, and more. CLICK HERE.

NATIONAL APARTMENT ASSOCIATION GUIDANCE
The National Apartment Association (NAA) recently updated its Member Resource: Immigration Enforcement and Rental Housing guidance page to address issues regarding implications for HUD Assisted housing, considerations for employers, and Frequently Asked Questions.

LEGAL RESOURCES