State and federal laws cover housing discrimination and those with disabilities. Depending on the nature of the disability and the requested accommodation, you may be legally required to provide it. Your obligation to accommodate the tenant has limits, so you may not need to do what they ask, but you should try to work out a compromise that meets their needs without being an undue burden for you.
What Laws Apply?
There are state and federal laws covering landlords and disabled tenants. The state laws include:
- Fair Employment and Housing Act (FEHA): This recognizes the right to seek, obtain, and hold housing without disability discrimination. FEHA defines “disability” broadly. It covers physical and mental health disabilities and medical conditions. The law also protects those perceived to have a disability and people associated with a person with a disability. FEHA applies to all housing except, under certain circumstances, one person rents space in an owner-occupied single-family residence. One of the rights provided by the law includes reasonable accommodations and modifications and a right to assistance animals
- Unruh Civil Rights Act: This provides that people with disabilities are entitled to full and equal accommodations in all business establishments, including housing providers
- Disabled Persons Act (DPA): The DPA provides that individuals with disabilities have full and equal access to housing accommodations offered for sale, rent, or lease, in California unless an applicable condition or limitation is established by law or regulation. The DPA also provides individuals with disabilities the right to reasonable accommodations and modifications to make housing accessible. Like the Unruh Act, a violation of the federal Americans with Disabilities Act (ADA) violates the DPA.
- California Government Code section 11135 (Section 11135): This law covers programs and activities operated, conducted, or administered by the state or any state agency. This would apply to you if the housing you provide is funded directly by the state or if you receive any financial assistance from them. The law provides for equal and full access to those with disabilities and prohibits disability discrimination
Applicable federal laws include:
- Fair Housing Amendments Act of 1988 (FHAA): This makes disability-based discrimination in the terms, conditions, or privileges of a dwelling sale or rental illegal. The FHAA protects those with a disability and people with a record of or are regarded as disabled. The FHAA covers most housing providers but contains more exceptions than state law
- Section 504 of the Rehabilitation Act: The law prohibits discrimination against those with disabilities under any activity or program receiving federal financial assistance or conducted by an executive agency. This includes private organizations receiving federal financial aid. Covered housing programs or activities must be accessible to people with disabilities. This means that potential tenants with disabilities must be given priority for accessible units, reasonable accommodations, and modifications to provide equal enjoyment of the property to people with disabilities
Whether a law applies to you depends on your situation.
When Must I Provide a Reasonable Accommodation or Modification?
The laws listed above require housing providers to make reasonable accommodations and physical modifications if necessary to provide a tenant with a disability equal opportunity to use and enjoy the premises.
Illegal discrimination can include the refusal to provide reasonable accommodations or changes in rules, policies, practices, services, or the physical characteristics of a unit if it’s necessary to provide equal opportunity to a tenant with a disability.
Accommodations can be:
- Allowing a service animal when pets are generally not allowed
- Reserving a parking space near a door for a disabled tenant
- Allowing overnight caretakers when overnight guests would violate a lease
- Allowing additional time for forms to be filled out by a disabled prospective tenant
- Physical modifications to the unit or building
The accommodation will vary depending on the tenant’s needs and your policies, rules, and the physical restrictions of the unit. Accommodations must be provided even if this gives a tenant preferential treatment over tenants without disabilities.
Our next blog will cover what information you can seek from a tenant, how a request should be handled, and legitimate reasons to reject one.
We’re Here to Help
Are you a residential landlord with questions about accommodating a tenant with a disability or need representation in a matter involving one? Call the AWB Law, P.C. team at (949) 244-4207 or complete our online contact form today. We can advise you on protecting your rights and ensuring your actions comply with applicable laws and city ordinances.
