As a landlord or property manager in California, you may receive requests from tenants for reasonable accommodations due to disabilities. These requests can be challenging to handle, but it’s essential to understand your legal obligations and how to respond appropriately. In this article, we’ll explore what reasonable accommodations are, how to handle tenant requests, and what your responsibilities are as a landlord or property manager in California.
What Are Reasonable Accommodations?
Reasonable accommodations are changes or modifications to a rental property that enable a tenant with a disability to use and enjoy the property fully. These accommodations can include physical modifications to the property, such as installing grab bars or wheelchair ramps, or changes to policies or procedures, such as allowing a service animal in a no-pet building.
Under the Fair Housing Act (FHA), landlords and property managers are required to make reasonable accommodations for tenants with disabilities. The FHA defines a disability as a physical or mental impairment that substantially limits one or more major life activities, such as walking, seeing, or hearing.
How to Handle Tenant Requests for Reasonable Accommodations
When a tenant requests a reasonable accommodation, it’s essential to respond promptly and professionally. Here are the steps you should take:
Request Documentation: Ask the tenant to provide documentation from a qualified medical professional that verifies their disability and explains how the requested accommodation will help them use and enjoy the property fully.
Evaluate the Request: Review the request and determine whether it is reasonable and necessary. Consider the cost of the accommodation, the impact on other tenants, and whether there are alternative accommodations that would be equally effective.
Respond in Writing: Provide a written response to the tenant within a reasonable timeframe, typically within 10 days. If you deny the request, explain why and provide alternative accommodations if possible.
Implement the Accommodation: If you approve the request, implement the accommodation promptly and ensure that it meets the tenant’s needs.
Landlord Responsibilities for Reasonable Accommodations in California
In California, landlords and property managers have additional responsibilities when it comes to reasonable accommodations. Under the California Fair Employment and Housing Act (FEHA), landlords must:
Provide Reasonable Accommodations: Landlords must provide reasonable accommodations to tenants with disabilities, including modifications to the property and changes to policies and procedures.
Allow Service Animals: Landlords must allow tenants with disabilities to have service animals, even in no-pet buildings. Landlords cannot charge additional fees or deposits for service animals.
Maintain Confidentiality: Landlords must keep all information related to a tenant’s disability and reasonable accommodations confidential.
FAQs
Can I deny a tenant’s request for a reasonable accommodation?
You can only deny a tenant’s request for a reasonable accommodation if it would create an undue financial or administrative burden or if it would fundamentally alter the nature of your business. You must provide alternative accommodations if possible.
Can I charge a tenant with a service animal additional fees or deposits?
No, you cannot charge a tenant with a service animal additional fees or deposits. Service animals are not considered pets under the law.
What should I do if I receive a request for a reasonable accommodation that I’m not sure how to handle?
If you’re not sure how to handle a request for a reasonable accommodation, seek legal advice from an attorney who specializes in fair housing law.
Conclusion
Handling tenant requests for reasonable accommodations due to disabilities can be challenging, but it’s essential to understand your legal obligations and respond appropriately. Under the Fair Housing Act and the California Fair Employment and Housing Act, landlords and property managers must provide reasonable accommodations to tenants with disabilities, including modifications to the property and changes to policies and procedures. By following the steps outlined in this article and seeking legal advice when necessary, you can ensure that you’re meeting your responsibilities and providing a safe and accessible living environment for all tenants.
