Monday, June 21, 2010
Requiring a License to Rent in Fremont, Nebraska
Finally, an issue upon which The Huffington Post and the
Daily Paul agree: the "license
to rent" ordinance being considered by the voters in Fremont, Nebraska today
is a bad idea. Designed to combat
illegal immigrants, the ordinance would require verification of citizenship or
residency status to: (1) rent residential real estate; and (2) to obtain employment. The sample ballot and text of the proposed ordinance can be found here.
According to an article in last Thursday's Fremont
Tribune, the proposed ordinance would require anyone over the age of 18 to obtain
an "occupancy license." Current residents of rental properties would not be required
to get a license until they change addresses. If a child turned 18 while living in a rental property, they
would also be required to obtain a license. The ordinance would also apply to new residents in
assisted-living facilities and nursing homes.
To obtain a license, a person would complete an
application and pay a
$5 fee to the Fremont Police Department. The applications would require the prospective renter to verify
his or her citizenship or residency status. Those unable to verify their status would be
denied an occupancy license.
Fremont, a town of approximately 25,000 residents located
20 minutes northwest of Omaha, seems an unlikely hotspot in the illegal
immigration debate. The homepage for the city calls it "livable and progressive." However, two
of the main employers in the area are meatpacking plants owned by Freemont Beef
and Hormel. Slaughterhouses and
meatpacking plants throughout the Plains states are chiefly manned by
immigrants, frankly because the jobs are so dangerous, disgusting, and low-paying
that they are difficult to fill with people who have more options. According to Huffington Post, attracted
by those jobs, the number of Hispanic people living in Fremont rocketed from
165 in 1990 to 2,060 in 2009.
Beyond the obvious issues related to racial profiling and
discrimination, this proposed ordinance could have devastating practical
consequences if it were uniformly enforced. (And of course, if it isn't uniformly enforced, the racial
profiling/discrimination issues just get worse.) For example, read the perspective of a nursing home administrator in Fremont here. What other uses will the Fremont Police Department
make of the applications?
The good news -- if the ordinance passes today's vote,
the ACLU of Nebraska is
I love Nebraska – my mother's hometown is 10 minutes south of Fremont and I've been there many times – but I agree with both the Huffington Post and the Daily Paul. This proposed ordinance is a mind-bogglingly bad idea.
Update: The Fremont Tribune reported on June 22nd that the ordinance passed 57% to 43%.
Tanya Marsh
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https://lawprofessors.typepad.com/property/2010/06/requiring-a-license-to-rent-in-fremont-nebraska.html