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To: BuckeyeTexan

We are getting well off topic here…..
First let’s point out that New York is a self claimed sanctuary city.

Second, this case was about unlawful eviction of a tenant enjoying the protection of the Rent Stabilization Code. The new owners using the tenants status as cause to not renew the lease agreement.

The court found that “Thus, until defendant (landlord) is actually charged with violating federal immigration law, or is actually subject to civil or criminal penalties, it cannot maintain an eviction proceeding for illegal occupancy…”

So the owners have to be under indictment before they operate within the law. Nonsense. It would have been interesting to see if that held up at trial.

Point is, once you peel away a few layers in any of these cases you see that they aren’t the win immigrant activists claim they are. Nearly all end up falling back on the feds Supremacy on immigration issues, saying basically it’s not the law until the feds enforce the law. Unique here is the court using the city’s own sanctuary status, which makes it precedent.


312 posted on 04/06/2014 10:05:29 AM PDT by moehoward
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To: moehoward
Point is, once you peel away a few layers in any of these cases you see that they aren’t the win immigrant activists claim they are. Nearly all end up falling back on the feds Supremacy on immigration issues, saying basically it’s not the law until the feds enforce the law.

... which results in illegals being able to rent property as I said was the case.

SCOTUS recently denied cert in Villas of Parkside v. Farmers Branch which left in place the 5th Circuit's opinion:

We conclude that the ordinance’s sole purpose is not to regulate housing but to exclude undocumented aliens, specifically Latinos, from the City of Farmers Branch and that it is an impermissible regulation of immigration. We hold that the ordinance is unconstitutional and presents an obstacle to federal authority on immigration and the conduct of foreign affairs.
Back to the NY case ... I linked to it to point out the following section:

Do Illegal Aliens Have the Right to Rent an Apartment?

A recent case decided in the Supreme Court in New York County, Recalde v. BAE Cleaners, Inc., affirms the right of an illegal alien to obtain an apartment and not be subjected to an inquiry by a landlord to verify “a tenant’s immigration status….” The Court found that there was no Federal or New York legal precedent which “prohibits a landlord from renting an apartment to a tenant who lacks legal immigration status.”

My original statement was, "Illegal aliens are permitted by federal law to own and rent property." Until SCOTUS says local ordinaces can ban illegals from renting property or the Feds enforce immigration law, that statement is correct because permission is granted "in effect."
314 posted on 04/06/2014 11:50:23 AM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
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