Latino Families Sue Landlord After Eviction for Not Having Social Security Number
Property managers at a mobile home park in Fairfax County, Virginia, are evicting undocumented immigrants without a Social Security number, regardless of their residential status.
Four Latino families filed a lawsuit against A.J. Dwoskin & Associates on Monday citing civil rights violations under the federal Fair Housing Act and the Virginia Fair Housing law. At least one resident among dozens being forced out is undocumented, but may have either a visa or Individual Taxpayer Identification Number issued by the U.S. Internal Revenue Service.
Waples Mobile Home Park landlords reportedly refused the tax ID numbers, even though they could be used for background checks. Under the Virginia Residential Landlord and Tenant Act, property managers have a choice of accepting an applicant's TIN in lieu of a social, if desired.
Landlords are also accused of tacking $300 fees on top of monthly $765 rental payments, as well as changing annual rental agreements to month-by-month leases.
Allegations of Discrimination
Ivy Finkenstadt, a Legal Aid Justice Center lawyer representing the families, said these practices disproportionately affect immigrants and low-income individuals, some struggling just to keep up with rising rental costs.
"This type of discrimination is all too common, but the law is unfortunately far from clear," Finkenstadt said in a statement. "Many cities and counties across the country have tried to put into place similar laws, and they have routinely been struck down by the federal courts."
Waples property managers didn't send eviction notices until last fall, around the same time residents were asked to provide Social Security numbers. All notified residents lived in the park between two-to-six years.
"They're kicking out people who have a history of paying bills on time and who have been good tenants," LAJC lawyer Simon Sandoval-Moshenberg told the Washington Post. "Even if the court ultimately decides the landlord has a right to do this, it's equally clear the landlord doesn't have to do this."
Virginia's Cost of Living
The dearth of affordable housing, on top of the rising cost of living, leaves many undocumented families with little choice but to offset costs by squeezing into rooms with other families. Finkenstadt argued that this discourages low-income families from owning a home.
As of 2011, Virginia accounted for about 1.2 percent of the country's Latino population. The median income for Hispanics was $24,000 at the time, compared to $36,000 for non-Hispanic whites. Waples is one of few mobile parks in Fairfax County, one of Virginia's more affluent counties with a median household income of $110,507.
Dwoskin & Associates have yet to comment following Monday's lawsuit.
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