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Updated over 1 year ago, 04/26/2023
LL refused to add to lease, legal?
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.