NAA Member Resource Update: Immigration Enforcement and Rental Housing

The National Apartment Association (NAA) has released updated guidance addressing immigration enforcement and its impact on rental housing providers. As immigration-related activity increases nationally, housing providers must understand their legal responsibilities, fair housing protections, and best practices for responding to enforcement actions.

As a member of AASC, you are automatically a member of NAA and have access to national resources designed to help you protect your business, your teams, and your residents.

Fair Housing Compliance Remains Critical

Federal Fair Housing laws prohibit discrimination based on national origin. Housing providers must apply screening policies consistently and avoid practices that could be interpreted as discriminatory.

• Do not refuse to rent based on perceived immigration or citizenship status unless required by law.
• Apply the same screening criteria to all applicants.
• Avoid requesting additional documentation from individuals based solely on accent, appearance, or national origin.
• Ensure staff are trained on fair housing compliance.

Consistency protects your community and reduces legal risk.

Responding to Immigration Enforcement Activity

If immigration enforcement officials visit your property:

• Request proper identification and documentation.
• Ask for a warrant signed by a judge before granting access to private units.
• Understand the difference between public and private areas of your property.
• Do not obstruct lawful enforcement actions, but do not voluntarily grant access without proper documentation.

Staff should be trained on how to escalate these situations to ownership, management, or legal counsel immediately.

Lease Agreements and Resident Information

Review your lease language and resident file policies. Ensure:

• Policies align with federal, state, and local laws.
• Documentation requirements are consistent for all applicants.
• Confidential resident information is handled appropriately.

When in doubt, consult legal counsel familiar with Colorado landlord-tenant law.

Protecting Your Team

On-site teams should never feel pressured to make legal decisions in the moment. Establish a clear internal protocol that includes:

• Who to contact if enforcement arrives.
• Where legal documents are stored.
• How to communicate with residents without escalating fear or confusion.

Preparation reduces risk and protects your staff.

Learn More

NAA’s full guidance provides additional legal context, operational recommendations, and compliance considerations for rental housing providers.

To learn more, click here: NAA Member Resource Update: Immigration Enforcement and Rental Housing