What protections does the Immigrant Tenant Protection Act offer me if my landlord asks about my immigration status?
The California Immigrant Tenant Protection Act makes it illegal for a landlord to ask you about your immigration or citizenship status. If they do, you are protected from harassment and have legal options to hold them accountable.
Here is what you can do if your landlord asks about your status:
Step 1: Do Not Answer the Question
You are not legally required to answer any questions about your immigration or citizenship status. Calmly state that you do not have to provide that information. Do not volunteer any documents or information.
Step 2: Document the Incident
Immediately write down everything you remember. Note the date, time, and location of the conversation. Write down exactly what the landlord said and what you said. If anyone else was present, write down their names. This written record is crucial evidence.
Step 3: Send a Formal Written Notice
Send your landlord a letter or email stating that their inquiry about your immigration status is illegal under California Civil Code § 1940.3. Demand that they stop all such inquiries and any related harassment. Keep a copy of the letter and proof of delivery (like a certified mail receipt).
Step 4: File a Complaint
You can file a complaint against your landlord with the California Civil Rights Department (CRD). You can file online at calcivilrights.ca.gov or by calling their office. You should also contact a local tenant rights organization or fair housing agency for free assistance.
Important details and nuances:
The law protects all tenants, regardless of their actual immigration status. A landlord cannot use your perceived or actual status to influence you to move, to report you to authorities, or to justify an eviction. If a landlord violates this law, they can be fined between $600 and $10,000 for each offense.
Warnings and limitations:
A landlord might try to find a different, false reason to evict you after you assert your rights. This is why documenting everything is critical to prove retaliation. These protections are specific to California state law. Proving that the landlord’s action was motivated by your status can be difficult, so gathering evidence is your most important task.
This is general information and does not constitute legal advice. For complex situations, you should consult with a qualified California attorney who specializes in tenant law.
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
Immigration
Immigration laws, visas, and citizenship information
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