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Regular City Council Meeting Monday, April 14, 2008 Page 12 Councilmember Pust clarified the discussion, for the public record, that the intent of the proposed legislation was not so landlords wouldn't be liable for renting to those with no legal status, based on immigration law provisions if their actions were in reckless disregard of facts and housing was provided to someone illegally in the United States under Federal Statute provisions. Discussion included whom such legislation was proposed to protect; impacts to landlords and/or tenants; liability concerns of landlords or small business owners; the proposed severability section of the draft ordinance language based on federal subsidy housing standards where status needed to be evaluated; and the HRC's willingness to work with the City Attorney and/or staff to amend proposed lan- guage, with the ultimate goal of making Roseville a more welcoming community. City Manager Malinen noted the City Attorney's written opinion and additional background regarding legal challenges and liability perspectives for the City in considering such an ordinance; and seeking City Council direction prior to staff, the City Attorney, and the HRC investing additional time on the ordinance. Further discussion ensued on the City Attorney's legal opinion dated February of 2008; additional research needing to be conducted, if directed by the City Coun- cil; policy discussions for the City Council's consideration; Section 8 Housing and potential elimination of housing voucher assistance to the City; case law and pre-emption issues necessary; free speech implications; substantive and proce- dural due process concerns related to immigration status and verification of such status; lack of case law to-date based on the State of California legislation passed in 2007. Councilmember Roe requested additional information on other municipalities across the State of MN that have passed similar legislation, prior to the City of Roseville exposing them as a "test" case. Councilmember Roe also questioned whether other HRC's within the State had been looking at this issue and attempt- ing solutions. Councilmember Roe opined his need to know more about this is- sue, depending on receipt of additional input from the various groups referenced. Commissioner Venters noted that this would be something fairly new, with only 90 communities having similar legislation one way or another, with the majority of a negative nature requiring landlords to check immigration status of tenants or prospective tenants. Commissioner Venters opined that it would be appropriate and asked that the City Council take this step to be proactive based on the increas- ingly diverse community. Commissioner Venters advised that in his conversa- tions with various legal aid groups, they see this as something that should be mov- ing forward. Commissioner Venters asked if the City Council would be supportive of a more thorough review of the City Attorney's written legal opinion by the HRC dealing