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<br /> Page 2 of 2 <br /> <br />Civil Code 1940.35 subdivision (a) of that law states: “It is unlawful for a landlord to disclose to any <br />immigration authority, law enforcement agency, or local, state, or federal agency information <br />regarding or relating to the immigration or citizenship status of any tenant, occupant, or other <br />person known to the landlord to be associated with a tenant or occupant, for the purpose of, or with <br />the intent of, harassing or intimidating a tenant or occupant, retaliating against a tenant or occupant <br />for the exercise of his or her rights, influencing a tenant or occupant to vacate a dwelling, or <br />recovering possession of the dwelling, irrespective of whether the tenant or occupant currently <br />resides in the dwelling.” Civil Code 1940.3(b) includes a similar provision. <br /> <br />In addition to the general prohibition on retaliation in Civil Code 1942.5, subdivision (c) specifically <br />notes that reporting or threatening to report a tenant to immigration authorities is a form of <br />retaliatory conduct. <br /> <br />Furthermore, threatening to report someone to immigration authorities to extract something of <br />value from them (using Councilmember Sturken’s example of not reporting habitability violations, or <br />to charge a higher rent) is a form of extortion, which is a crime. The general crime of extortion is <br />defined in Penal Code 518, and Penal Code 519 specifies that threatening to report someone to <br />immigration authorities is the type of threat upon which an extortion charge can be made. <br /> <br />Attached to this letter is a copy of CAA’s Industry Insights on California’s Immigration Law and its <br />Effects on Rental Housing Operations. The document thoroughly lists prohibited actions, lawful <br />actions, and penalties for violating the law. This document is made available to CAA members as part <br />of CAA’s commitment in upholding one of our key tenets: education and compliance. <br />CAA is dedicated to serving as a community partner in communities our members provide rental <br />housing. We welcome the city to reach out any time the rental housing industry or its members are <br />used as impetus for any future legislation. <br />Additionally, we encourage Councilmember Sturken and his sources to report the highly illegal <br />activities described in page two of the staff report to the appropriate authorities. CAA continues to be <br />your partner in educating rental housing providers on the comprehensive laws that affect their <br />business. <br /> <br />Sincerely, <br /> <br />Rhovy Lyn Antonio <br />Senior Vice President of Local Public Affairs <br />California Apartment Association <br />