LL refused to add to lease, legal?

Question

Renter here.

Facts:

New tenant is spouse of existing tenant. I know doesn't matter, but still...

Existing tenant, 3 years, no late payments, obviously qualified on own income

New tenant does not have an SSN. Has State ID (Real ID), foreign passport. Has USCIS petition for spouse (only application, not approval)

New tenant has ITIN, but 0 credit history. Has Chase bank account and just received Chase credit card, still credit score is 0.

New tenant immigration status is PROCOL. Complicated to explain, but it is PROCOL (it's a court status only) HUD deems new tenant in "sufficient immigration status" for housing assistance programs. Still new tenant is technically "out of status" at the federal level. It's complicated but all 3 of those facts are true.

New tenant has FBI fingerprint backgound check with 0 infractions, but this is an IdHS run for personal information purposes only. Certified letter in hand from Justice Department, but federal agencies are not permitted to use this run for "employment or licensing" purposes. Nothing about private landlords disallowed from using this information as a criminal background check.

New tenant has no rental history in the US. Also not employed.

Legal? Any recourse? Thx.

Jim K. · Answer

@Aiko C.First of all, it's PRUCOL - Permanently Residing Under Color of Law. Yes, it is complicated, so get it right and don't BS when you talk to your LL. I work with my local refugee resettlement agencies. Most LLs don't.Are you co-signing for this immigrant tenant with no job, no credit, and, should a USCIS functionary interviewing you decide your marriage is a sham, no  legal right to be here? You should expect the rent to be raised, at the least. As far as your own credit history goes, it doesn't matter for much, here. People in rapid life transitions, like this one, don't always act according to what they did before the transition.

You cannot expect your LL, or, worse, your LL's property manager to sit there and wade through all the literature on this before they understand that what you have right now is a marriage with a spouse that has yet to be interviewed by the government and approved for a green card. You should be prepared to move. Ask your local refugee resettlement agencies (it's almost always the local branch of Catholic Charities USA, and if it's not, they'll know who you need) for a list of LLs who work with them. Talk to their coordinator -- they'll have one. Why does your LL or the guy responsible for putting good tenants in place need to take any sort of risk when s/he can put a boosted ad out on FB marketplace and have fifty suitable applicants the next day? There's a rental housing shortage. Act accordingly. Go to the people who have a long-term working relationship with known landlords who want to work with them and people like your wife.

There's no way you're going to successfully sue a landlord or their property manager for denying your prospective co-tenant with this unimpressive handful of facts anywhere in the USA.

Theresa Harris · Answer

Is the landlord saying you can't live there or simply that they won't put your name on the lease?  If the latter, the reason could be that if you are on the lease and something happens (eg you split up), the original tenant moves out, you are now responsible for paying the rent.  You may not have passed their tenant screening process had you applied to rent the place on your own (eg your income isn't 3x the rent).

Aiko C. · Answer

...

Jim K. · Answer

I took the time to answer your question, I have a pretty good voting record on this site, so please have the courtesy to read my response before dismissing it. I understand you don't need refugee resettlement. I'll telling you where you can find a list of landlords who have experience working with PRUCOL-status prospective tenants like your wife. I also told you my honest opinion about your chances of winning a lawsuit against a landlord who denies your wife on the basis of having no past credit history in the USA, and explained why. I too am an immigrant in this country, just like your wife. I know the heartbreak of the challenges you're facing. It's actually why I DO work in refugee resettlement and know what PRUCOL is. Good luck.

Aiko C. · Answer

I have a follow up question, perhaps I should post as new, but would anyone be willing to share how I can ascertain whether or not my corporate landlord files a relatively large number of evictions?

Thx.

Aiko C. · Answer

Thanks for that reply...I think.

It is PRUCOL. This was my first post on the forum and I saw the error after I posted, went to the ... update option and entered the change, but it never materialized in my post.

No need for refugee resettlement, but thanks.

Richard F. · Answer

Aloha,

You state the new tenant is "spouse". If there is a marriage certificate available that should be acceptable, but, with or without, overall it just sounds like the LL is in violation of Fair Housing. It makes no sense why else they would NOT add the person.

Aiko C. · Answer

Lease terms are that visitors can only stay up to 15 days/year without being added to the lease. Thanks for your reply.

LL refused to add to lease, legal?

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