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Illegal Immigrants Facing Eviction Allege Fair Housing Act Violation

Updated on February 12, 2016

Legal Aid Attorneys Say Mobile Home Park Discriminates

The Legal Aid Justice Center is trying to keep 15 residents of a Northern Virginia mobile home park from being evicted by arguing the management company is are violating the Fair Housing Act.

The management company, A.J. Dwoskin & Associates, requires all new tenants to show their Social Security cards so background checks can be done on them.

However, 15 residents of Waples Mobile Home Park in Fairfax are immigrants who do not have Social Security cards. They are low wage workers who appear to be in the United States illegally.

They are trying to avoid eviction through a series of lawsuits in which the Legal Aid Justice Center is helping to represent them.

Legal Aid attorneys say the residents are being targeted because of their immigration status, which violates the federal Fair Housing Act prohibitions against discrimination.

As evidence, the attorneys say Virginia's landlord-tenant law allows landlords to accept IRS tax identification numbers as proof of identity. Although Social Security numbers are a better source of information for background checks, investigators also could use tax ID numbers.

Waples Mobile Home Park managers accepted tax ID numbers until last fall. The change in policy was merely because they want to get rid of illegal immigrants, according to the Legal Aid attorneys.

The management company denies the allegation, saying the Social Security number requirement is a reasonable demand that is enforced uniformly for all residents, regardless of their immigration status.

The eviction proceedings are pending in Fairfax County’s General District Court.
The dispute appears to represent a larger trend for the Washington area, where mobile home park residents increasingly consist of immigrants in blue collar jobs. Mobile homes offer the residents an affordable housing option in a region with some of the nation's highest housing costs.

Fair Housing Act Violation Alleged Against Virginia Mobile Home Park

Mobile home park property managers in Virginia are being accused of discrimination for demanding to see immigrants' Social Security cards or threatening them with eviction.
Mobile home park property managers in Virginia are being accused of discrimination for demanding to see immigrants' Social Security cards or threatening them with eviction.

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    • Tom Ramstack profile image
      Author

      Tom Ramstack 18 months ago from Washington, D.C.

      That's what the Legal Aid attorneys are saying too. I think grandfathering in the existing tenants could have avoided the entire dispute.

    • MarleneB profile image

      Marlene Bertrand 18 months ago from Northern California, USA

      This is quite interesting, especially in today's world. I'm not a fan of people who are in the country illegally having the opportunity to sue for discrimination. I do understand their dilemma. If the landlord accepted IRS Tax Identification Numbers as an acceptable form of ID when the immigrants originally applied, then there should be a problem if the landlord changes the process after allowing the immigrants to move into the home. I am not a fan of illegal immigrants having all the same rights as legal residents, but I think a better decision for the landlord would be to make Social Security cards a requirement for tenancy of all future applicants. The previous residents should be "grandfathered" in and should maintain their original rights. I'm sure the landlord knew these people were illegal when he/she allowed them to move in. Unfortunately, changing his/her mind now does make it look like discrimination.