New Law:  Tenants and Immigration Status

As of July 2, 2025, a new law  prohibits landlords and their rental agents, property managers or other representatives, from asking potential or existing tenants and occupants about their immigration or citizenship status.  It also prohibits municipalities and housing agencies from asking landlords to track immigration or citizenship status or require landlords to rent or not rent based on this information.

The law allows landlords to do the following:

• Ask for documentation to verify the financial qualifications of a prospective tenant, such as a credit check, employment verification, etc.  
• Request documentation, such as a driver’s license, passport, etc.,  to verify the identity of a prospective tenant or occupant.
• Comply with “any legal obligation under federal law.” 

Officials from federal agencies, such as Immigration and Customs Enforcement (ICE) or the Department of Homeland Security, may arrive at a rental property, to search for a specific tenant or occupant or for signs of undocumented immigrants in general or to request documentation.

Landlords and their representatives have the right to ask law enforcement officials to show a warrant that is signed by a judge to search the property.  Civil or administrative warrants may authorize officials to take a specific person into custody but not to access and search the property.  

Ask for a copy of the warrant and/or take a screen shot of it.  Review the warrant to see what it requires.  Court Warrant and ICE Warrant - Resources for Asylum Seekers If you are not certain, contact an immigration attorney.

If a tenant is taken into custody, the tenants’ family or you can check the ICE Online Detainee Locator System Online Detainee Locator System  search  ODLS Brochure to try to find out more information.

For more information, please contact the RIAR Legal Department at [email protected].