NEW JERSEY — A federal court has denied a motion to dismiss filed by two defendants in a housing discrimination lawsuit challenging their policy of refusing to rent to recipients of Deferred Action for Childhood Arrivals (DACA) and other immigrants based solely on immigration status. One of the three defendants, Inverness Apartments, LLC, was dismissed with the possibility of being renamed if evidence shows it is complicit in the discrimination by the other defendants.
MALDEF (Mexican American Legal Defense and Educational Fund) and Saul Ewing LLP filed the federal lawsuit in June 2024 on behalf of a DACA recipient who was denied access to rental units by two New Jersey apartment complexes operated by Altman Management Company LLC. The suit alleges that the defendants’ policy violates the federal Civil Rights Act of 1866, as codified at 42 U.S.C. § 1981, which prohibits discrimination based on alienage or lack of U.S. citizenship.
“Denying housing to anyone on the basis of their citizenship or immigration status is unlawful discrimination – in every part of the country,” said Thomas A. Saenz, MALDEF president and general counsel. “Regardless of what companies or individual landlords may surmise from the irresponsible rhetoric of the current administration, that legal principle remains current and enforceable federal law.”
In 2023, the DACA recipient and her U.S.-citizen fiancé submitted an application to rent from Autumn Ridge Apartments, owned by HP Altman Autumn Ridge LLC and operated by Altman Management Company LLC. A leasing manager at Autumn Ridge Apartments informed her that her application was denied because her government-issued employment authorization card was insufficient and that they required proof of residency or visa information. She then applied to rent an apartment from Inverness Apartments, owned by Inverness Apartments LLC and also operated by Altman Management Company LLC. Again, her application was denied because of her DACA status.
“The Court’s denial of the defendants’ motion represents an important step to safeguard the rights of immigrants in New Jersey and other states,” said Luis Lozada, MALDEF staff attorney. “Housing not only represents a place to live but a critical foundation for immigrants to integrate into society and improve their family’s livelihood.”
Altman Management Company LLC is a construction and property management company that operates nearly 80 apartment complexes in Delaware, New Jersey, and Pennsylvania.
This case follows a pattern of court decisions across the country to allow challenges to discrimination against DACA recipients and immigrants to move forward.
In her ruling, U.S. District Judge Karen M. Williams noted that allowing the Altman defendants to reject prospective tenants with DACA or other forms of temporary work authorization could effectively bar such immigrants from renting anywhere in New Jersey, jeopardizing their ability to maintain stable housing and sustain their employment.
Since 2017, MALDEF has filed more than 20 lawsuits challenging the policies of employers, financial institutions, and other businesses that discriminate against DACA recipients and other immigrants. More than a dozen of those lawsuits have led to settlements.
Read the order HERE.