In May 2025, an infamous Oakland landlord known for the typical unscrupulous landlord behavior harassed an Oakland tenant by asking if she was a legal United States citizen. He then went on to reference immigration before then attempting to intimidate the Oakland tenant into negotiating a buyout of her tenancy. With federal ICE raids intensifying across the State of California and the Department of Homeland Security and ICE putting several states and cities, “on notice” (whatever that even means?). The landlord’s, Darrick Chavis, coercive practices are ill-timed given the current political climate. Moreover, they are unlawful.
Citizenship is a protected class in the State of California. California tenants may look to the state’s anti-discrimination laws for guidance. These laws prohibit landlord or property manager from discriminating against California tenants on the basis of their citizenship. California Government Code § 12900; et seq.; California Civil Code § 51; 42 USC § 12101; et seq. Where the California tenant is a senior citizen, they have additional statutory protections. California Civil Code §§ 51.2, 51.10. Landlords and property managers may only verify a California tenant’s citizenship when required by federal law.
California Civil Code section 1940.3(b) also provides additional similar protections. Under this law, landlords and their agents are prohibited from:
- Making any inquiries about the immigration or citizenship status of any tenant, prospective tenant, occupant, or prospective occupant of a residential property;
- Requiring a tenant, prospective tenant, occupant, or prospective occupant to disclose or make any statement, representation, or certification concerning immigration or citizenship status; or,
- Disclosing to any person or entity information regarding or relating to the immigration or citizenship status of any tenant, prospective tenant, occupant, or prospective occupant for purposes of, or with the intent of, harassing or intimidating that person, retaliation, or influencing them to vacate the dwelling, or recovering possession of the unit. California Civil Code § 1940.3(b).
Again, these protections do not apply when the landlord must verify the tenant, prospective tenant, occupant, or prospective occupants citizenship when required by federal law. California Civil Code § 1940.3(c)(1).
Additionally, several other laws also provide California tenants with protections against discrimination, harassment, and intimidation based on citizenship and immigration status. This includes:
- Prohibiting landlords from threatening to disclose California tenant immigration or citizenship status for the purpose of influencing a tenant to vacate their home. California Civil Code § 1940.2(a)(5);
- Prohibiting landlords from disclosing the immigration or citizenship status of their tenants with any immigration authority, law enforcement agency, or local, state, or federal agency for the purpose of, or intended to, harassment or intimidation. California Civil Code § 1940.35;
- Prohibiting the use of a tenant’s citizenship or immigration status as a claim or defense in certain unlawful detainer lawsuits. California Civil Code § 3339.10;
- Prohibiting landlords from causing California tenants to vacate or commencing an unlawful detainer proceeding because of that tenant’s immigration or citizenship status, except when required under federal law. California Code of Civil Procedure § 1161.4.
Mr. Chavis’ iMessages seemingly violate California Civil Code section 1940.3. Not only does he fail to articulate any basis in federal law for inquiring into his tenant’s citizenship status, he proceeds to intimidate her into vacating – likely against her will – founded upon his perception that she may be an undocumented citizen. It is unclear if Mr. Chavis succeeded in ousting the Oakland Tenant and her family from their home. It warrants emphasis that his conduct also ostensibly violates the Oakland Tenant Protection Ordinance, specifically the prohibition against requesting an Oakland tenant’s citizenship status. Oakland Municipal Code § 8.22.640(A)(6).