Problems renting an apartment

[DandT14 272]

For now we are going to try to list me as an occupant. I hope that doesn't create problems as well. Does anyone know how legal this is? I don't believe they have the right of requesting visas. I thought only special personnel was authorized to do so.

I just looked over the form. They aren't asking you anything they aren't allowed to, based on my knowledge of fair housing laws.

They are giving you a space for I-485, they are also giving you a space to say you have an expired I-94. It's simply a way of finding out your status, but there's not a chance (based on what I'm seeing) that they will rent to you. I have a list somewhere of every category that is acceptable by HUD standards (which are federal) and I'm positive that AOS applicant is not one of them.

Your best bet is just to get the lease in your wife's name. I don't think they would deny you as an occupant. Usually only the head of household needs to meet the requirements.

[M&Pooh 12]

Your best bet is just to get the lease in your wife's name. I don't think they would deny you as an occupant. Usually only the head of household needs to meet the requirements.

The form OP attaches clearly says "each co-resident and each occupant". That makes me think that the property management likely requires similar things from co-residents and occupants, therefore, being denied as co-resident likely means being denied as occupant as well.

Anyway, personally I'd give it a shot.

[frombrazil 6]

Thanks for the replies. We also has no luck today as people also require the same documentation for the occupant. We might rent a floor at a two story house for now. We are gonna keep on trying but we might not get anything. Let's see, we need a place to live anyways. My wife goes to college 40 minutes away from home and we need to find an apartment for us. We'd stay at her place but my in laws live there and there is no way we can stay there after August. Well, I'll keep this topic updated as it might be useful for other people as well.

[DandT14 272]

Good luck.

Is this some sort of gov't subsidized housing? If not, they are very strict about renting without needing to be. I wonder how illegal immigrants do it? Clearly there's a few in Texas and clearly they find places to live, they're not all homeowners.

Even in subsidized housing, we let non-eligible family members move in. We just prorate the subsidy so only the citizen or LPR gets the benefit.

Good luck, and keep us posted.

[SOflaherty 40]

Why rent an apartment? Renting a house is usually cheaper and less chance of being asked things like proof of status for occupants.

[Freighthouse 10]

aahhhhhhhhhh, Texas.

[M&Pooh 12]

Is this some sort of gov't subsidized housing? If not, they are very strict about renting without needing to be. I wonder how illegal immigrants do it? Clearly there's a few in Texas and clearly they find places to live, they're not all homeowners.

Well, I think you have a logical flaw here.

For a GOOD apartment complex being strict definitely makes sense. Doing all possible kinds of documents, status, criminal, credit checks, requiring certain level of income, etc. etc. is a way ( probably, the only way ) for them to ensure they have a decent resident population. As a natural consequence, more "decent" people would like to live there.

You probably will not want to rent in the complex in Texas that does not do thorough checks on the applicants. It's high probability you will have issues ( probably major - drugs, crime, etc. ) with your neighbors.

This is also an answer to your second question - I am pretty certain most of the illegals live in the areas you won't want to live in.

It's a pity that's OP is unlucky vicitim of such an approach. But the approach itself is quite reasonable and necessary...

[Freighthouse 10]

I always find that it is much more comfortable to rent from an actual owner of an apartment/house. Its much easier and they require less information.

Craigslist.org is where to look for sure.

Although it makes me sad that you have to live in Texas.

Ever thought about moving to the north?

and by the way: I am just teasing my friends to the south.

[DandT14 272]

Well, I think you have a logical flaw here.

For a GOOD apartment complex being strict definitely makes sense. Doing all possible kinds of documents, status, criminal, credit checks, requiring certain level of income, etc. etc. is a way ( probably, the only way ) for them to ensure they have a decent resident population. As a natural consequence, more "decent" people would like to live there.

You probably will not want to rent in the complex in Texas that does not do thorough checks on the applicants. It's high probability you will have issues ( probably major - drugs, crime, etc. ) with your neighbors.

This is also an answer to your second question - I am pretty certain most of the illegals live in the areas you won't want to live in.

It's a pity that's OP is unlucky vicitim of such an approach. But the approach itself is quite reasonable and necessary...

You're right, I can see why they would want to be strict with regards to criminal background, etc. When I said they didn't "need" to be, I meant legally, and I was specifically referring to immigration status.

The problem is that the people running the apartment complexes can't use their discretion or common sense to deal with someone who doesn't fit into one of the "right" categories, like the OP.

[frombrazil 6]

Update: we went to an upscale place and they were nor very familiar with immigrations laws and such but promised to make their own research and see what they could do for us. They gave us a call shortly after and told me they'd only need my passport, NOA1 of the AOS and my Social Security number. Within three days we were approved and we have just signed e lease with them. They explained to me that Even without the "Fair Housing Law" (you can't turn down applicants based on their nationality), the law is clear on the memorandum saying that it's a period of authorized stay and Social Security Administration would never issue a Social Security number without proper documentation. We are very happy that we could find an apartment. We did have to raise our budget some more but it's worth it. Besides, both our names are on the lease.

About the posts I'm seeing here: I agree that a properly perform check does make a difference in the quality of living a closed community has to offer. The apartment complex that denied us crossed the line (I presume they were afraid or didn't know how to go about it). I'm not sure if they were lawfully right in denying us. They denied us based on my status not my nationality but they decided to ignore the laws I showed to them from the USCIS website and decided to accuse me of unlawful presence. That is not right.

If you are confused about the difference between the terms " unlawful presence" and "unlawful status", the memorandum of 2009 explains it very clearly.

[frombrazil 6]

By the way, answering Frighthouse: we are only living here because of the fund my wife has for college. It's only valid for the state of Texas. We both want to move to Connecticut when her Education is over!

[Freighthouse 10]

Ha ha, you are going to get me yelled at! Totally tongue in cheek

that said, I would definitely feel "safer" in Conn. Good luck. if you come to the city any time, let me know!

[JohnR! 5,495]

Matt, glad to hear it all worked out in the end!!!

[M&Pooh 12]

By the way, answering Frighthouse: we are only living here because of the fund my wife has for college. It's only valid for the state of Texas. We both want to move to Connecticut when her Education is over!

Congrats!!

CT is nice, spent 8 years there. After Texas, you'd be unplesantly surprized by housing prices there, though.

[frombrazil 6]

Tucanos guys!

I am actually familiar with the area. I have relatives up there. The weather is nicer than it is here and that's a huge point for us!