Frequently Asked Questions
Can my landlord refuse to give me a disabled parking spot at my complex?
Usually, no. Your landlord is required to reasonably accommodate a request for an alternate parking space. Courts have recognized that a tenant with a mobility-related disability may be entitled to a parking space adjacent to the tenant’s dwelling as a reasonable accommodation. In these cases, the need for a parking space is clear because the tenant “faces injury or pain by having to travel long distances from the house to the car.”
Can my landlord refuse to accommodate my disability?
No. Cal. Gov’t. Code § 12927 enables a disabled tenant to request a reasonable accommodation so that they can use and enjoy housing in a way that is equal to a person without a disability. Federal law is the same. A landlord is required to accept the request for an accommodation unless it would be too costly, or unreasonable.
Can my landlord evict me or refuse to renew my lease if I make a request for a reasonable accommodation?
No. This would certainly be considered retaliatory conduct, as well as unlawful discrimination. Your landlord cannot evict you for making a request for a reasonable accommodation.
Does the Americans with Disabilities Act Apply to Apartment Complexes and Condominiums?
No, but that’s not a problem. Although the ADA does not apply to private property, other laws protect people with disabilities in apartments or condominiums. The Federal Fair Housing Act and the California Fair Employment and Housing Act both provide protections to disabled tenants. Under Fair Housing laws, it is illegal to discriminate in the rental of a dwelling to any renter because of the disability of the renter, or to refuse to accommodate a disabled person’s request to accommodate their disability.
What happens if my landlord refuses to accommodate my disability?
If there is no reasonable basis to refuse your request, then your landlord can be sued for violating state and federal fair housing laws. A failure to grant a reasonable request is per se discrimination against a person with a disability.
How can you determine if your request for an accommodation is reasonable?
The inquiry into whether a particular request for an accommodation is reasonable is “fact specific and requires a case-by-case determination.” In plain English, the jury will decide whether the landlord reasonably denied your request.
Are there landlords who don’t have to abide by disability laws?
Yes, but only in one situation that applies to tenants of residential properties: Owner-occupied, single-family homes when only one tenant is to live in the house (and the owner has not published discriminatory advertisements or notices). Thus, if you are the only person renting a room in your landlord’s home, he is not covered by disability discrimination laws.