Oct 9 deadline set for public comments on housing discrimination bill

Immigrant advocates, legal experts, and housing providers testified during a recent public hearing on proposed legislation that would expand local fair housing protections to explicitly prohibit landlords and sellers from discriminating against residents based on their citizenship or immigration status.

The Montgomery County Council held a hearing Tuesday on Bill 38-26, titled Discriminatory Housing Practices and Early Lease Termination. The legislation would bar citizenship-based discrimination in real estate transactions and allow tenants to terminate a residential lease early if an immigration proceeding, such as detainment or deportation, impacts their ability to maintain housing.

Community representatives emphasized that undocumented residents and immigrant families frequently face systemic barriers when searching for housing, alongside fear of retaliation when exercising their rights.

"We hear from residents who are scared to leave their homes, facing significant hardship following a household member's detainment or deportation, and living in a constant state of uncertainty," Denise Fredericks, testifying on behalf of the Montgomery County Community Action Board, said, adding "Discrimination based on citizenship status within housing and in other areas is indeed a component of the many challenges our immigrants face, especially those who are undocumented."

Fredericks noted that many apartment complexes refuse to rent to undocumented individuals or accept Individual Taxpayer Identification Numbers (ITINs). She added that high living costs compound these challenges.

According to the 2023 Montgomery County Self-Sufficiency Standard report, a family of four requires $122,943 annually to meet basic needs, nearly four times the federal poverty level.

Legal advocates underscored how housing instability often deepens when a household breadwinner faces deportation proceedings.

"About one in three Montgomery County residents were not born in the United States. Yet our code does not protect our immigrant neighbors and their families from housing discrimination on the basis of citizenship or immigration status," Jacob Kmiech, an attorney with We are CASA, said. 

Kmiech told the council he regularly speaks with tenants navigating landlords who threaten deportation when rights are asserted. 

"We are grateful for the language that allows the tenant to break their lease if it becomes unaffordable because a household member is detained or deported," Kmiech said, adding "It's often the tenants who are left behind who are at the greatest risk of financial harm."

A representative for housing providers expressed support for the intent of the legislation but raising questions regarding implementation and verification.

Hugo Cantu, representing the Apartment and Office Building Association of Metropolitan Washington, which represents approximately 80,000 apartment units in Montgomery County, noted the personal significance of immigration issues while highlighting operational challenges.

"We understand in this political climate the reason for the proposal," Cantu said. 

However, he noted that property owners do not have access to official federal immigration tracking systems.

"Landlords and housing providers can't track deportation proceedings," Cantu said, adding "When a resident undergoes an immigration proceeding, how will a housing provider determine whether the tenant is undergoing deportation, detainment, or is being held for more than 30 days due to a current immigration proceeding?"

The deadline for residents and organizations to submit written testimony or comments on the bill is October 9.