January 2008 Coach's Quiz
We have given you six rules on screening applicants based on their citizenship or immigration status. Now let's look at how the rules might apply in the real world. Take the COACH's Quiz to see what you have learned.
INSTRUCTIONS: Each of the following questions has only one correct answer. On a separate piece of paper, write down the number of each question, followed by the answer you think is correct—for example, 1)b, 2)a, and so on.
COACH's TIP: The correct answers (with explanations) follow the quiz. Good luck!
QUESTION #1
Your community adopts a policy of asking applicants about their citizenship or immigration status and requiring them to provide either a Social Security number or an individual tax identification number. An applicant says he's an immigrant from Mexico, and provides a Social Security number, but you wonder whether he came into the United States legally. Under fair housing laws, you may not ask him to produce documentation of his immigration status. True or false?
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True.
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False.
QUESTION #2
An applicant who is a student mentions that he left his native country to come to the United States to study. The owner, concerned that the student's visa may expire during tenancy, asks the student for documentation to determine how long he is legally allowed to be in the United States. If the owner requests this information, regardless of the applicant's race or specific national origin, the owner has not violated the Fair Housing Act. True or false?
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True.
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False.
QUESTION #3
Your community adopts a policy that asks all applicants if they have the legal right to be in the United States and requires that you get proof from all applicants who answer yes. An acquaintance wants to move into the community. You know for a fact that she was born in the United States and is a U.S. citizen. Because of this personal knowledge, you don't have to get proof of her citizenship. Is this true or false?
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True.
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False.
QUESTION #4
You want to establish a policy to ask all applicants about their citizenship or immigration status and require them to provide documents to back up their answers. Can you do so lawfully?
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Yes.
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No.
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Maybe.
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Coach's Answers and Explanations
QUESTION #1
Correct answer: a
Reason: Rule #1 applies here.
Rule #1: Decide Whether to Screen All Applicants Based on Legal Status
Fair housing law allows you to ask applicants about their immigration status and to provide documentation, but it is a violation of fair housing law to impose stiffer requirements on applicants based on national origin. HUD warns that you can't either favor or reject applicants based on their country of origin or ethnic heritage.
Wrong answer explained:
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Fair housing law bans discrimination based on national origin. Therefore, you may not require applicants to prove their citizenship or immigration status unless you require all applicants to do so.
QUESTION #2
Correct answer: a
Reason: Rule #3 applies here.
Rule #3: Decide Whether to Require Proof of Applicants’ Legal Right to Be in United States
Owners can require applicants to demonstrate their qualifications as a resident, including that they will fulfill the full term of the lease. Fair housing law allows the owner to request documentary proof that the student will be allowed to remain in the country lawfully through the tenancy, as long as the owner asks it of all applicants in similar circumstances—regardless of their country of origin.
Wrong answer explained:
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If you require applicants to provide documentation of their legal right to be in the United States, you must apply the rule in a nondiscriminatory manner: You can't decide—based on an applicant's appearance, accent, or apparel—whether to ask him to show you his papers.
QUESTION #3
Correct answer: b
Reason: Rule #5 applies here.
Rule #5: Be Consistent in Applying Your Policy
Even though it's legal to screen applicants based on their citizenship or immigration status, you must do it consistently, which means you must screen everyone. It doesn't matter that you have independent knowledge of a person's legal right to be in the United States. If you require some applicants to document their status, you must require everyone to do so.
Wrong answer explained:
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You can't waive the documentation requirements for the applicant whose background you think you know. If you screen one applicant, you must screen all applicants.
QUESTION #4
Correct answer: c
Reason: Rule #6 applies here.
Rule #6: Check State and Local Rules Before Adopting Screening Policy
No federal law prevents you from adopting a policy of screening applicants based on citizenship or immigration status. But such a policy may violate state or local laws if your property is in a state or community that has adopted measures on immigration affecting residential rental property. To be on the safe side, check with an attorney in your jurisdiction before adopting such a policy.
Wrong answers explained:
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If your community is in California, state law prohibits owners from inquiring into applicants’ citizenship or immigration status.
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If your community is not subject to any state or local laws to the contrary, fair housing law allows you to screen applicants based on their citizenship or immigration status, as long as you screen all applicants on that basis.
See The Lesson For This Quiz
| What You Can and Can't Do When Checking Applicants' Immigration Status |