Fifth Circuit Votes to Rehear Farmers Branch Housing Ordinance Case

Cite as "AILA InfoNet Doc. No. 08052897 (posted May. 28, 2008)"

The city of Farmers Branch, Texas enacted three separate ordinances from 2006 to 2008 aimed at preventing undocumented individuals from renting housing in Farmers Branch. Ordinance 2892, the first of the three attempts, required owners to collect evidence of immigration status before renting to potential tenants. A state court enjoined the ordinance, and the city subsequently repealed it in 2007. Ordinance 2903 contained similar requirements, but a federal district court permanently enjoined the Ordinance from taking effect in May 2008.

In January 2008, Farmers Branch passed Ordinance 2952. Ordinance 2952 required all renters to pay a $5 fee and claim U.S. citizenship or legal immigration status to obtain an occupancy license from the city. The city would then ask the federal government for the applicant's legal status before approving the occupancy license. A federal district court struck down Ordinance 2952 in March 2010. The city appealed the decision.

On July 31, 2012, the Fifth Circuit Court of Appeals voted to rehear Villas at Parkside Partners v. City of Farmers Branch.