What are they and how do you make them?
What is a Reasonable Accommodation request?
A reasonable accommodation is:
1) an exception,
2) change,
3) or adjustment
to a rule, policy, practice, or service because of a disability. The purpose is to provide tenants with an equal opportunity to use and enjoy the dwelling. See 42 U.S.C. §3604(f)(3)(B); Cal. Gov’t Code § 12927(c)(1).
Who can make a Reasonable Accommodation request?
- A tenant with one or more disabilities; or
- Any person, on behalf of a tenant with a disability
What counts as a disability?
- The definition of disability under the California Fair Employment and Housing Act is very broad and needs to limit a major life activity. https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=2.8.&chapter=4.&article=
When can I make a Reasonable Accommodation Request?
- Any time before lockout (Eviction)
How do I make a Reasonable Accommodation Request?
- Make a request [best in writing, but not required]
- State you have a disability [you do not need to disclose a diagnosis]
- Explain the “nexus” (a clear connection between the disability and the request)
- You may need to provide verification of a disability upon request
Best Practices:
- Ask for something specific and why it is necessary
- Request something that is “reasonable,” meaning it would not pose an “undue financial and administrative burden” on the landlord and it would not create a “fundamental alteration” to the services/program.
Reasonable Accommodation Examples
- Service animals allowed in “no pets” buildings
- Designated representative for rent payment
- Adjusted rent due dates to match benefit payments
- Accessible parking space near your unit
- Alternative way to submit requests
Possible Responses to a Reasonable Accommodation Request
- Granted
- Denied
- No response (constructive denial)
- Engaging in the “interactive process”
What Landlords Can’t Do
- Charge extra fees
- Ask unnecessary medical questions
- Refuse without a valid reason
If your request is unlawfully denied:
Contact the California Civil Rights Department (CRD) at 800-884-1684, open from Monday through Friday from 8 am to 5 pm PST. You can also email them at contact.center@calcivilrights.ca.gov. You can complete their online complaint form at https://ccrs.calcivilrights.ca.gov/s/.
Alternatively, consider a legal action for discrimination based on disability.
Ready to make a Reasonable Accommodation Request?
CCSLS can help tenants make reasonable accommodation requests. Call us at (925) 609 – 7900 or fill out a form at Get Help – Contra Costa Senior Legal Services.
